Pedestrian Accidents in San Diego
According to the most recent report by the National Highway Traffic Safety Administration (NHTSA), 986 pedestrians were killed in road crashes across California in 2020. While the national fatality rate was 1.98 deaths per 100,000 people, California reported a rate of 2.5 deaths per 100,000 people. As the second-largest city in California, San Diego also has its fair share of pedestrian injuries and deaths.
Unlike other road users, pedestrians have zero protection and are likely to sustain severe injuries or die in a road accident. Despite increased awareness in recent years, pedestrian injuries and deaths remain high in California and the United States. Pedestrian accidents often leave victims devastated and with costly medical bills. However, the law entitles them to compensation for accidents due to someone else’s negligence.
Even though recovering damages in a pedestrian accident can be challenging, a well-qualified San Diego pedestrian accident lawyer can help you get the compensation you need and deserve.
Common Causes of Pedestrian Accidents
In some cases, a pedestrian may be at fault for an accident that causes their injuries, including crossing the road at an undesignated place. However, negligent drivers are the leading cause of pedestrian accidents. Some of the common causes of pedestrian accidents in San Diego include the following:
- Negligent driving. From over-speeding to failure to yield the right-of-way to pedestrians, reckless drivers seriously endanger pedestrian lives.
- Drunk driving
- Fatigued drivers
- Distracted driving
California Law and Pedestrian Accidents
California outlines the rights and responsibilities of pedestrians under the California Vehicle Code (CVC) 21949 -21971. The law requires drivers to yield the right-of-way to any pedestrian on marked or unmarked crosswalks and at intersections. Drivers should avoid stopping within crosswalks as it endangers pedestrians forced to walk around the vehicle. They should also never pass other vehicles stopped at a crosswalk.
Similarly, the law outlines some duties for pedestrians, including a requirement never to jaywalk; otherwise, the pedestrian may be at-fault for any resultant accident. In some instances, the pedestrian and the driver may be at fault for an accident. In such instances, California uses the comparative negligence rule to determine the amount of compensation due to the pedestrian.
Recovering Damages in a Pedestrian Accident
In a San Diego pedestrian accident, you may be able to recover damages for medical care expenses, lost wages and lost earning capacity, pain and suffering, and loss of enjoyment of life. You may also be able to recover damages for the wrongful death of a loved one.
Similar to other personal injury claims, the law requires you to prove the driver’s or the defendant’s negligence. While navigating a personal injury claim can be legally complex, especially with concepts like comparative negligence, a skilled pedestrian accident attorney can help.
Why You Need a Pedestrian Accident Lawyer
Besides legal concepts like comparative negligence, proving fault is not always straightforward. It may require thorough investigations of the accident. The legal process can easily overwhelm you, considering you may also be recovering from your injuries. However, a pedestrian accident lawyer can handle the investigations, negotiate with insurance companies on your behalf, and, if necessary, file a personal injury lawsuit.
Contact a San Diego Pedestrian Accident Lawyer
If you or a loved one has sustained injuries in a San Diego pedestrian accident, we are here for you. Sam Lynn, our skilled San Diego pedestrian accident attorney at The Law Office of Samuel G. Lynn P.C., has vast experience handling similar personal injury cases. He is committed to helping you navigate the often complex legal process while helping you get fair compensation for your injuries. Contact him today for a free consultation and to learn more about our services.
