Drivers must take great care to watch out for pedestrians on the road. But general driver carelessness and hazardous road conditions can put you or a loved one in a dangerous position.
Fighting for compensation, especially from a negligent driver, can be frustrating and challenging, so let us help. Our San Diego pedestrian accident lawyer will handle the legal complications while you are recovering.
What Our Pedestrian Accident Lawyer Can Do for You
Most victims are ill-equipped to deal with the process that comes with filing a personal injury claim directly after an accident. In some cases, the victim could have died or been left incapacitated from the incident, forcing a family member to take legal action in their stead.
As a firm with nearly a decade of experience and millions of dollars in settlements won for our clients, we’re more than equipped to deal with personal injury cases just like yours. We can help by:
- Gathering evidence
- Questioning witnesses
- Negotiating with insurance companies
- Determining negligence
- Assessing your damages
- Representing you in court
Our team of legal professionals will work with you and your family toward a quick resolution so you can focus on what matters most to you. We put the success of our client’s cases at the top of our priority list. We will only collect a percentage of your settlement after a successful lawsuit.
What Are My Possible Damages for a Pedestrian Accident in San Diego, CA?
Due to every case having different circumstances there is no set amount that you receive in damages. Some factors that can influence the settlement amount include:
- How badly you’ve been injured and the impact of the accident on your life
- Medical bills and other expenses resulting from the accident
- Driver liability
For example, if you were hit by someone traveling at low speeds, your injuries may be less severe than if the driver was speeding when they hit you. Severe injuries can result in higher compensation, particularly if you need long-term treatments or surgeries, or if the accident causes permanent injuries that will affect you for the rest of your life. Pain and suffering, along with the other emotional impacts of the accident, also help your lawyer come up with a settlement amount.
Determining liability for the accident can also affect your settlement value. The state of California’s comparative fault law provides that the amount you receive from the settlement will be directly influenced by your level of responsibility in the accident. The driver or their representative may try to unfairly blame you for the accident, and this can reduce how much you will receive. Our lawyers will fight back against these tactics to help you seek a fair settlement amount.
Different Causes of Pedestrian Accidents in San Diego, CA
One of the most common causes of a pedestrian accident is a driver colliding with a pedestrian attempting to pass a crosswalk. However, there are many ways in which driver negligence can cause serious injury. A few examples are:
- Left-hand turns
- Traffic violations (failing to signal, running traffic lights, etc.)
- Distracted driving
- Drunk driving
Pedestrian accidents are not limited to standard automobiles, as oblivious bicyclists and motorcyclists can also be involving factors. There are also other elements like poor road conditions and malfunctioning traffic equipment which can complicate matters of liability.
Who Carries the Responsibility in a Pedestrian Accident?
In order to successfully file a personal injury claim, you must prove that the person at fault could have avoided the situation through responsible behavior and general obedience to traffic laws.
Pedestrian accidents vary in circumstance and identifying who is at fault in your case may not always be straightforward. But don’t worry, our team is ready and equipped to help dive into your case to figure out exactly who owes you and your family restitution.
Claims Involving the Government in California
Sometimes, accidents can involve faulty traffic signals or poor road conditions. Depending on the circumstances, the city could potentially be responsible for the accident. Personal injury claims involving the government may be more complicated to deal with since it can be harder to identify a responsible party.
Timelines involving government agencies are also different than a standard personal injury case, which can make this type of case even more challenging to pursue. You may also not know how to make the city liable for your injuries. But our lawyers are well-equipped to handle claims like these and give you peace of mind regardless of your case’s circumstances.
What if My Pedestrian Accident Was a Hit-and-Run?
If a driver hits a pedestrian and flees the scene, the case becomes a hit-and-run. In this scenario, there will be an investigation in order to find the driver. Immediate action includes:
- Questioning witnesses
- Recording a police statement
- Investigating to identify the driver
As per VEH § 20003, all parties involved in an accident must provide their contact information and wait for law enforcement to arrive.
Hit-and-run drivers can face both civil and criminal consequences, and we can pursue compensation in civil court on your behalf regardless of the outcome of criminal charges.
The Deadline to File Your Lawsuit in San Diego, CA
The statute of limitations for a pedestrian accident claim depends on the state you are currently residing in. In California, you have two years from the date of your accident to file a claim, per CCP § 335.1. This is the same for hit-and-runs and wrongful death claims in the aforementioned state.
Some exceptions may apply to your case, and our firm can help identify any exceptions or possible extensions for your case. Reach out as soon as possible so we can begin your case.
Choose Us as Your Pedestrian Accident Lawyer in San Diego, CA Today
Don’t wait another second. Our team of professionals is ready and waiting to take your case. We know that pedestrian accidents can change your life quickly and suddenly. Let us help you get back to your life as quickly as possible. Contact Greenberg Gross immediately for a free consultation.