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 Attorney 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.
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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