Pedestrian Accident Compensation

On average, 1,000 pedestrians and bicyclists are hit and seriously injured each year in San Diego. Downtown, Southeastern, and City Heights residents are ten times more likely to be struck by cars. The most common cause is negligent motorists who fail to yield. Pedestrians are likely to sustain serious injuries since they have little protection against the impact of an automobile. They may find themselves unable to work or provide for their families.

A San Diego pedestrian accident lawyer at CaseyGerry can fight for your right to recover fair and reasonable compensation for your losses and damages. Contact us for a free consultation.

San Diego Pedestrian Accident Statistics

In San Diego County, nearly 100 pedestrians die each year after being struck by motor vehicles. Nationwide, pedestrian accidents and fatalities are increasing, especially at night. Various factors are contributing to this rise, including the following:

• More older drivers on the road with cataracts and other eyesight issues.
• A sharp increase in the brighter LED headlights may blind pedestrians.
• More LED streetlights can also cause glare.
• Drivers who fail to yield.

A 2023 report found that the city severely underfunded pedestrian safety projects such as crosswalks and street lighting, exacerbating the danger to pedestrians in San Diego.

Liability in Pedestrian Accidents

Most pedestrian accidents occur due to negligence on the part of the driver, and many are hit-and-runs. In California, a hit-and-run resulting in an injury or death is a felony punishable by up to four years in prison. If the driver is caught, they face criminal prosecution. A personal injury lawsuit is a civil case, separate from any criminal charges or convictions.

In some cases, pedestrians are partly at fault for the accident. California is a pure comparative negligence jurisdiction. That means accident victims can still recover compensation even if they are 99 percent at fault. However, the amount is reduced by the percentage of fault determined by a judge or jury.

For example, suppose it is determined that the pedestrian was 20 percent at fault for the accident because they were wearing inappropriate footwear for prevailing weather conditions. In that case, their compensation is reduced by that percentage. This underscores the need for an experienced attorney to argue that the victim bore little to no fault for the accident.

Common Injuries Sustained by Pedestrians

The truth is that the human body is no match for the impact of a motor vehicle. Those who are fortunate enough to survive often suffer severe injuries, including:

• Broken bones
• Disfigurement
• Internal organ damage
• Soft tissue injuries
• Spinal cord injuries
• Traumatic brain injuries

Long-term Implications and Medical Costs

Many pedestrian accidents result in permanent impairment and ongoing medical costs. In addition to medical treatment, pedestrian accident compensation should cover the long-term needs of the victim, such as special equipment, home modification, regular caregivers, or nursing home expenses.

Types of Compensation

Compensation, or damages, in a San Diego pedestrian accident may include:

• Medical expenses, current and future
• Lost wages
• Loss of future income
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

Compensation also depends on the severity of your injuries and long-term prognosis. Other factors that come into play include age, occupation, and overall health.

The Importance of a Skilled Attorney

A pedestrian accident victim often experiences serious financial instability. Their world changed in an instant, with mounting medical bills and an inability to work. The driver’s insurance company may contact them and offer a quick settlement. It’s important to never accept this before consulting an attorney.

Insurance companies want to settle claims as cheaply as possible. They know that accident victims are in crisis and are susceptible to accepting lowball offers. However, such a settlement will unlikely cover your ongoing medical expenses and long-term care.

A San Diego pedestrian accident attorney protects your rights and knows a fair settlement amount based on your individual circumstances. They will negotiate with the insurers to reach an equitable settlement agreement. While most claims are settled, if the insurance company fails to agree to a reasonable settlement, your case can go to court.

Steps to Take Immediately After an Accident

Getting hit by a car is a traumatic experience. Many pedestrian accident victims cannot do anything at the scene except hope that someone calls 911. If you can, photograph the accident scene, including your injuries, the damage to the car, skid marks on the road, or nearby businesses that may have surveillance cameras. Obtain the driver’s name, address, contact, and insurance information. Report the accident to the police.

If you were the victim of a hit-and-run, try to get a good description of the vehicle and the person behind the wheel. For the former, that includes make, model, and color.

Always seek medical attention immediately, even if you think you were not hurt. Many injuries are not apparent right away, and even severe injuries may be masked by the adrenaline rushing through the body. Failure to go to the emergency room or an urgent care facility promptly will harm your claim. The insurance company will allege that your injuries did not result from the accident or are not that serious.

Contact a San Diego Pedestrian Accident Lawyer

Founded in 1947, CaseyGerry is San Diego’s most experienced personal injury & complex litigation law firm. We have recovered billions of dollars for our injured clients and their families. If you were seriously injured in a pedestrian accident or a family member was killed in such a collision, you need the services of an experienced San Diego injury lawyer. Schedule a free, no-obligation consultation today. Since we work on a contingency basis, there is no fee unless you receive compensation.