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Deciding to walk instead of drive helps the environment, and keeps you active and healthy. It can, however, leave you less protected from injury if you have the unfortunate luck to cross paths with a negligent driver. Pedestrians are easily vulnerable, and could suffer serious injuries due to one careless mistake by a driver, forever altering their life.
If you were a pedestrian who has been injured because of the negligence of a driver or another party, you can recover compensation for your injuries and harm. Gomez Trial Attorneys is an award winning law firm, consistently named a top law firm by U.S. News and World Report. Our attorneys have the experience necessary to help clients secure recovery for the damages they have incurred as the victim of a pedestrian accident in California. Contact our San Diego car accident attorney today for a free case evaluation.
With over $500 million collected in verdicts and settlements over the last ten years, it is clear that the lawyers at Gomez Trial Attorneys are committed to securing the best results for their clients. Just a few of our successful pedestrian accident recoveries include:
These recoveries are just a few that are representative of past results our teams have secured for our clients. While there is no guarantee of recovery as each case is unique, the team at Gomez Trial Attorneys can work with you to understand all the details of your case and to develop the strongest possible strategy for recovery. Depending on the needs of your case, we can visit the accident site, review all documents related to the accident, meet with witnesses to the accident, and locate evidence demonstrating negligence of the parties that caused your injuries.
In a match-up between a car and a pedestrian, there is no doubt that the car will come out on top. While cars are protected by their rigid exterior, pedestrians are completely exposed to contact with the much larger and heavier object. Pedestrians lack even the safety gear that motorcyclists and bicyclists are protected by.
While we would hope that everyone on the road would be especially cautious of pedestrians, accidents involving pedestrians are actually quite common. The Centers for Disease Control and Prevention (CDC) have conducted reports showing that in one year alone, 6,000 pedestrians died in traffic accidents in the United States. Additionally, nearly 129,000 pedestrians required treatment by an emergency department.
Pedestrians are likely to suffer a wide variety of injuries if involved in an accident with a vehicle, including:
If you are a pedestrian who has been injured in an accident, make sure you seek immediate medical attention. Not only for your health but also to protect your interests in recovery, it is important to make sure all injuries are diagnosed and treated as soon as possible after the accident. Also be sure to keep diligent documentation of the medical treatment and related expenses associated with your injuries.
To secure a full recovery for your damages, you must demonstrate that one or more other parties were at fault for the accident. Establishing fault can prove straightforward in some cases, but it is often complicated, with the other party denying any responsibility. Your attorney will work with you to make sure you compile evidence to demonstrate a strong argument of fault against the appropriate parties.
Several parties could bear fault for pedestrian injuries.
If you were struck by a driver who was acting negligently, they should be responsible for your injuries. One common indicator of negligence is the violation of any traffic law or ordinance, including speeding, distracted driving, or driving under the influence of alcohol or other controlled substance.
While the most common scenario is the negligence of a driver of a vehicle, collisions may also occur with other vehicles on the road, such as motorcycles of bicycles. Operators of these modes of transportation must also follow relevant traffic laws and maintain a reasonable standard of care. Otherwise, they will be considered negligent.
When imagining a pedestrian accident, the first picture to come to mind may be a car striking a pedestrian. It is possible, however, that another pedestrian caused or contributed to your injuries. Another pedestrian might knock you to the ground, causing you injury. Even worse, they may knock you out into traffic, causing a more severe collision with a vehicle. These scenarios can be complicated as you determine which entity is responsible for your injuries. Our firm can help navigate these complicated scenarios.
Pedestrian safety is largely dependent on infrastructure developed, constructed, and maintained by local governments. This infrastructure includes sidewalks, crosswalks, traffic signals, and stop signs, all meant to control the flow of traffic. If any of these indicators are missing or damaged, the local government, like the City, County, or even State, may have been negligent in its obligation to maintain the fixtures.
If a poorly maintained traffic or safety fixture contributed to your accident, you may need to seek recovery from the appropriate governmental entity. This can be complicated and steeped in bureaucracy, and our lawyers can help you throughout the process.
It is important to contact an attorney immediately because early investigation is the key to obtaining evidence. Capturing the actual street conditions, lighting, stop signs, traffic signals in place at the time of the crash, instead of waiting later to when the conditions may change, is critical to proving your case against the government.
Our team will work with you to understand your injuries and any other way the accident has affected your life. With this information, we can work with you to compile a damages request that compensates you for the physical and financial injuries you have suffered.
Common damages recovered after a pedestrian injury accident include:
While some damages are straightforward, others may require the help of an expert to calculate. For example, loss of future earning potential may need the input of an economist, and the long term effects of an injury may require a medical expert. The lawyers at Gomez Trial Attorneys have a network of experts in California who can provide the credibility clients need for these complicated damages claims.
While you may feel that your evidence of negligence and documentation of damages is undeniable, the other party or its insurance provider is likely to try to avoid providing full compensation. First, be sure to promptly bring your case. If you delay in filing suit, the other party may argue that the statute of limitations has passed. In California, the statute of limitations for a personal injury case is two years. If the injury was not discovered right away, the time limit is one year from the date the injury was discovered.
Even if you promptly file suit, the other party may argue that you are at fault for all or a portion of the accident or may contest the amount or type of damages you are claiming. Don’t be surprised if the other party presents you with a settlement offer that is significantly lower than what you believe you are owed. Don’t let the other party convince you to settle for less than you are owed. Our team will work with you to evaluate your claims and present a reasonable and fact-based analysis of your damages so that you can feel confident in your position with respect to any settlement offer.
The data shows that pedestrian accidents in San Diego are becoming more common and more deadly. As more and more people move to the area, inevitably, more cars will be on the road and more people are walking around.
But that does not mean that drivers can just ignore pedestrians. California law specifically states that drivers must yield to pedestrians in certain situations. When a driver does not notice a pedestrian in time, it can cause deadly consequences.
If you or a loved one has suffered injuries in a pedestrian accident in San Diego, you deserve to have an experienced San Diego pedestrian accident attorney at your side. You may be able to collect compensation for your injuries so you do not bear the financial burden of your medical bills. Speak with a lawyer today to find out your next steps.
There are many potential causes of pedestrian accidents in San Diego, but nearly all involve some level of human error.
The most common causes include:
Regardless of the reason you suffered injuries, the driver may be to blame. Because your injuries may be severe, you need a trusted lawyer to help you recover maximum compensation. The last thing you want right now is to pay out of your own pocket for your medical expenses.
When a vehicle strikes a pedestrian, the vehicle provides a great deal of protection for the driver and any passengers. A pedestrian, conversely, has no protection. Your body takes the full brunt of the impact from the car.
Common injuries include:
Even at slow speeds, pedestrian accidents can cause serious injuries. These injuries could leave you out of work for extended periods while you recover. This further hinders your ability to earn a living and pay your bills. That’s why it is vital that you partner with a skilled San Diego pedestrian accident lawyer right away.
Suffering injuries as a pedestrian is a traumatic experience. Your ability to recover compensation can depend on the steps you take immediately after your accident.
Make sure you:
After you have been hit by a car, you may want to remove yourself from the situation as soon as possible. That can be detrimental to your health, especially if you have suffered serious injuries.
Right after your accident, your adrenaline is pumping, so you may not feel any injuries. That does not mean you are alright to get up and walk away. Make sure your health is cared for by emergency medical personnel at the scene of the accident.
The answer here depends on the circumstances of your accident. In most pedestrian accident cases, the driver of the car is to blame.
But there could be other negligent parties, too. Those could include the car manufacturer, mechanic, or even the city. That’s why it is so important to speak with a knowledgeable pedestrian accident lawyer in San Diego as soon as possible after your accident. Your lawyer can review the details of your accident and help you determine who is at fault for your injuries.
Without a doubt, this question comes up more frequently than all the rest. While we would like to give you a direct answer, every pedestrian accident is different and may have different causes. Consequently, it is impossible to accurately determine exactly how much your case is worth.
We can, however, work to determine a fair estimate. Evaluating your pedestrian accident and injuries allows us to determine your medical prognosis and get an idea of how much time you will need to recover.
This exercise is extremely important to determine a starting point for negotiations with the insurance company. The last thing you want is to accept less money than your claim is worth. That could leave you paying out of pocket for your medical expenses and shouldering the burden of your lost income.
This question also varies from victim to victim.
However, we most commonly fight to collect compensation for:
Looking at this list, the important thing for you to remember is that the majority of the medical costs and lost income may come in the future. Many pedestrian accident victims see the mountain of medical bills sitting on their table and mistakenly think that is the total value of their claim.
Unfortunately, that can leave victims without enough money to cover their expenses. A large portion of what you may need to recover is something you cannot see: reduced earning potential. Depending on the severity of your injuries, you may never return to work, or at least not in the same capacity as before your accident. Working together with our resources, we can determine an estimate of what you would have made over your lifetime before your pedestrian accident. Then we work hard to recover that amount for you so you do not worry about how to pay your regular bills or how to move on with your altered life.
This depends on many factors. With pedestrian accident injury cases, victim injuries tend to be severe. For all parties to have a full understanding of the severity of these injuries and the impact on your life, we may need the help of medical experts.
While this can delay the process a bit, it may also increase the amount you can recover. Medical experts can help everyone understand what your life will look like from now on and how that affects your financial well-being.
Pedestrian accident claims can wrap up faster with the right legal team. The more complex your injuries, however, the more time it may take to resolve your claim, partly because your claim is worth so much more money.
It’s not advisable to do so. The biggest reason for this is that your injuries are likely severe and the insurance company will prey on your desire to put the legal process behind you. Unfortunately, that could leave you in serious financial hardship.
Soon after your pedestrian accident, you may receive a call from the insurance company representing that at-fault driver. Many pedestrian accident victims look forward to this call because they think this will put their legal experience behind them. Plus, they get money to pay their medical expenses. Or so they think.
Insurance companies will pressure you to take a quick settlement offer. They may even say that it’s the best they can do and you should take it without getting a lawyer involved. But think about why they are pressuring you to take their first settlement offer: it’s in their best interest.
The insurance company does not want to pay out your claim. They will do everything in their power to keep money in their pocket and out of yours. They will prey on you and do whatever they can to get you to take their initial, low ball settlement offer. If you do sign the offer, you will waive your right to bring any future claims against the insurance company for this accident. Months or years later when the settlement funds have run dry but you still have medical bills to pay, it will be too late. You will be on the hook to pay your medical expenses and cover your lost income.
That’s why you need an aggressive legal advocate fighting to protect your rights. Your lawyer knows the games the insurance company plays and knows how to combat them. In our experience, you may likely obtain a significantly larger settlement or award with a lawyer than without one.
Uninsured and underinsured drivers are a real problem in San Diego. You may be able to file a claim with your own insurance company to recover compensation under your insurance policy, but you may not have enough coverage, or it may not apply to a pedestrian injury.
If you find yourself in this unfortunate situation, a San Diego pedestrian accident attorney can help. Your lawyer can review your insurance policy and the policy of the at-fault driver. There may be other ways you can collect compensation for your injuries so you do not have to bear the financial burden of injuries you did not cause.
You need to file a personal injury claim quickly. In California, you only have two years from the date of your accident to file a personal injury claim.
That might seem like a long time, but think about all the hurdles you may face during that time:
Each of these items is a direct financial burden to you. Your sole focus during this time should be to make sure you recover from your accident. You need to put all of your effort and energy into your physical and mental recovery. While you do that, your lawyer can fight to collect maximum compensation for you.
You do not need to wait until you have completely recovered from your pedestrian accident to file a personal injury claim. Filing a claim now allows your lawyer the chance to build your case while you focus on getting better.
We understand that many people do not want to set foot inside a courtroom. Most victims look to avoid a trial because it usually means their case is taking longer to conclude. The vast majority of personal injury cases settle out of court.
But sometimes insurance companies refuse to settle for a fair and reasonable amount. If that happens, we may want to take your case to trial. This can give you a better chance of collecting every dollar you deserve. We know you want to conclude your case as quickly as possible and get on with your recovery, but we also want to make sure that you do not have to bear the financial burden of your medical recovery.
We also want your family to be at your side to help you. Too often, when one family member suffers debilitating injuries, other family members look to take on additional jobs or work overtime to cover the financial losses. You don’t need this extra pressure and stress on your family. To combat this, you can let your lawyer work to collect maximum compensation for your injuries so you and your family can be together during this challenging time.
Just like you would not go see a general family doctor for an advanced neurological disorder, you want to make sure your legal representative has experience in and focuses on pedestrian accident injury law.
Nuances exist even within personal injury law. That’s why you want to find a lawyer with specific and proven experience helping San Diego pedestrian accident injury victims like you. Your ability to collect every dollar you deserve can depend on the lawyer you choose to represent you. Contact Gomez Trial Attorneys today so we can help you on your path to recovery.
Gomez Trial Attorneys is a full-service law firm with the resources available to handle even the most complex pedestrian accident cases. Our legal center includes an on-site audio visual and graphics department, a jury and trial consultant, a full courtroom for mock trials and focus groups, a video conferencing center, and a jury deliberation area that allows us to video and record mock deliberations. All these resources combined with the deep experience of our team allow us to develop an effective and comprehensive strategy for every client’s case.
We understand that working with a lawyer can be a daunting process, and that you may already be under financial strain dealing with your injuries and time off work. We are happy to offer a free case evaluation to discuss the strength and merits of your case. Contact our San Diego personal injury attorneys today or call (619) 237-3490 for your free case evaluation.
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