Pedestrian Accident Personal Injury Lawyer: Turning Pain Into Justice

Pedestrian Accident Personal Injury Lawyer: Turning Pain Into Justice

If you need legal representation and a personal injury attorney, call us at (619) 746-8879

According to official projections, two out of every three Americans could be affected at some point in their lives by the consequences of an accident where alcohol was a determining factor. Drunk driving is one of the many causes of pedestrian accidents in San Diego. These are so common that the city tops the national figures in the United States.

In addition to the driver being drunk, other causes of accidents with pedestrians are negligence and non-compliance with traffic laws, lack of signage and lighting, and even recklessness in some cases of the pedestrian himself. Regardless of the reasons, every year, hundreds of people suffer the consequences of these types of events: personal injuries, anguish, pain and suffering, and even the grief of losing a friend or family member.

A quarter of the deaths that occur annually in California are pedestrians, and it is the third state with the most pedestrian deaths on the roads. In the state, both drivers and pedestrians have to comply with responsibilities on public roads. But at pedestrian crossings, the responsibility for accidents usually falls on the driver of the vehicle, and depending on the severity of these accidents, drivers could face civil charges, criminal charges, or even both.

A personal injury attorney can help people injured in a pedestrian accident in multiple ways. Stay with us to learn how.

What do the laws in California say about pedestrian protection?

The California Office of Traffic Safety (OT) states that pedestrians do not have the same level of protection and are, therefore, more vulnerable to serious personal injuries in accidents.

According to state law, the definition of a pedestrian includes a person who is walking or moving on an assisted mobility device or who is not propelled by their own efforts. So, it would include those who move around in wheelchairs, crutches, rollerblades, skateboards, scooters (non-electric) and skis,

These are some of the provisions that establish the laws in California about the responsibilities of drivers and pedestrians on public roads.

• Yield: Drivers are required by law to yield to pedestrians at crosswalks, intersections, and designated walking areas.
• Minimum distance of 20 feet: In a crosswalk, drivers, by law, must maintain a minimum distance of 20 feet to ensure the safety of pedestrians.
• Daylighthing: In 2024, a legal provision came into force that requires car and truck drivers not to park their cars too close to a pedestrian crossing. A type of “buffer” zone is created 20 feet from crosswalks, and citations are issued for anyone who violates this provision.
• Minimum insurance: By law, drivers are required to purchase minimum automobile insurance, which has coverage of $15,000 for injury/death to a person; $30,000 for injury/death to more than one person and $5,000 for property damage.
• Obligations for pedestrians: as contemplated by California Vehicle Code 21456, pedestrians must only cross with the “walk” signal and cannot begin to cross the street if the signal says “do not walk.”
• Pedestrians should stay out of bicycle lanes.

How can a personal injury attorney help me if I am involved in a pedestrian accident?

It is vital that you consult with a personal injury attorney if you were involved in a pedestrian accident in California. It is the best way to pursue the protection of your rights and obtain maximum compensation for the injuries suffered.

Additionally, delegating the difficulties of the legal process to an expert will help the victim reduce the stress and emotional burden associated with these claims.

There are many ways in which a personal injury lawyer can assist you in your case, and here we summarize some of them:

• Accident Investigation: An experienced personal injury attorney will assist you in the process of gathering evidence, such as photos, videos, police reports, and witness statements. These data are crucial in determining who bears responsibility for the accident.
• Construction of the claim: With all the evidence carefully gathered, the lawyer will build a solid claim, which will be tailored to your circumstances, needs and compensation goals.
• Filing the claim: The attorney will file a claim with the driver’s insurance company or the responsible public entity, if the accident was caused by a government vehicle.
• Negotiate a settlement: A lawyer is well-versed in the complexities of the legal system and is well-trained to negotiate with the insurance company or responsible public entity in order to obtain the maximum possible compensation for the victim.
• Representation of the victim at trial: If, despite all efforts, it is not possible to obtain an agreement or fair compensation outside of court, the lawyer can efficiently represent the victim at trial and achieve a reparation that satisfies the victim’s expectations of the affected person.

What type of damages can I claim if I suffer an accident as a pedestrian?

There is no monetary amount capable of compensating for the physical damage, stress, pain, or suffering or even repairing the damage caused by a life lost as a result of a pedestrian accident. However, with the right legal representation, you can alleviate some of the financial pressure and emotional distress that these types of situations generate.

The numbers indicate that drivers end up being responsible for more than half of the accidents with pedestrians, and in a significant percentage, they are also responsible for collisions within pedestrian crossings.

But, even if the pedestrian is partially to blame, it is possible to recover some damages since, in California, the rules of comparative negligence apply when there is a shared responsibility in the accident, which allows the victim to collect a percentage of the claims even if it is determined that they had primary responsibility in the accident.

In some cases, the accident suffered by the pedestrian can be triggered by the poor condition of a sidewalk, road or parking lot, which shifts responsibility to the person responsible for the structure, which can be both the state and the owner of a home or business.

These are some of the claims you can file after suffering an accident as a pedestrian:

Medical expenses

You can file a personal injury claim if you are a pedestrian and were hit by a car, and you can sue the responsible parties to seek compensation for hospitalization expenses, counseling, loss of limbs, scarring or disfigurement, surgery, medications, and rehabilitation.

Lost wages

If as a result of your injuries you had to interrupt your work and stopped receiving payments for that reason, you can request compensation for income lost due to the injury.

Pain and suffering

Compensation for physical and emotional pain concerns the distress that the affected person experiences as a result of an accident caused by the negligence or intentional misconduct of a third party. To calculate them, various factors must be evaluated, such as the severity of the injury, the impact on the victim’s quality of life, and the duration and prognosis of said pain and suffering.

Punitive damages

If gross or intentional negligence can be proven, you can sue for punitive damages. The purpose of this lawsuit is to punish the person responsible for a personal injury case. The victim must prove that the driver acted with intent, malice, or “conscious and careless conduct.” The court may choose to award punitive damages greater than compensatory damages.

Surviving relatives’ lawsuit

Family members such as spouses, domestic partners, children or grandchildren, or persons entitled to the deceased’s property may file a wrongful death lawsuit following a pedestrian accident to cover burial and funeral expenses, financial gains to the victim, or compensation for loss of support for surviving family members.

Contact a Personal Injury Attorney at Kannan Law

Dealing with the consequences of personal injuries after an accident as a pedestrian can be overwhelming and stressful. Kannan Law has the best personal injury lawyers in San Diego California. We provide you with comprehensive services to best address your case.

Our experts will guide you step by step through your personal injury legal process, whether for a car accident or any other claim for that cause. If you were a victim of this situation, we will advise you so that you can obtain fair compensation for medical bills, pain and suffering. Contact us today to help you safely navigate the complexities of personal injury law.