San Diego Pedestrian Accident Lawyer

Cases We Handle

We handle the following personal injury cases:

Personal Injury

• Personal Injury
• Brain Injuries
• Dog Bites
• Slip and Fall Accidents
• Wrongful Death

Motor Vehicle Accidents

• Bicycle Accidents
• Car Accidents
• Motorcycle Accidents
• Pedestrian Accidents
• Truck Accidents

Work Injuries

• Workers' Compensation

In the bustling city of San Diego, heavy foot traffic and bustling roadways significantly elevate the risk of pedestrian accidents. With over 35 million visitors annually, alongside its local population navigating the streets, San Diego has seen its share of pedestrian accident injuries and pedestrian fatalities.

In 2019 alone, San Diego witnessed nearly 1,200 pedestrians killed or injured in traffic incidents. These pedestrian accidents can result in serious injuries, underscoring the importance of legal representation to recover compensation.

At Harbor Accident Lawyers, our dedicated legal team supports accident victims and their families through these challenging times, offering comprehensive legal assistance to seek adequate compensation for their physical, emotional, and financial hardships.

Pedestrian accidents can lead to a wide range of serious injuries, including:

• Broken Bones: Fractures can occur in any part of the body, but legs, arms, and ribs are particularly vulnerable in pedestrian accidents.
• Traumatic Brain Injuries (TBI): Brain and head injuries can range from mild concussions to severe brain damage, affecting cognitive functions, motor skills, and emotional regulation.
• Spinal Cord Injuries: Damage to the spinal cord can lead to partial or complete paralysis, depending on the injury's location and severity.
• Road Rash: These are abrasions caused by skin sliding across the pavement. If not properly treated, it can lead to severe infections.
• Neck and Back Injuries: Whiplash, herniated discs, and other spinal injuries can lead to chronic pain and mobility issues.
• Facial Injuries: Broken bones in the face, dental injuries, and severe lacerations can occur, often requiring surgery.
• Internal Injuries: Internal bleeding and damage to organs like the lungs, liver, or spleen can pose life-threatening risks.
• Psychological Trauma: Emotional trauma and mental health issues, including post-traumatic stress disorder (PTSD), anxiety, and depression, can result from accidents.
• Loss of Limbs: In extreme cases, an accident can result in the amputation of limbs either during the incident or as a medical necessity afterward.
• Death: Unfortunately, pedestrian accident injuries can sometimes lead to fatalities due to the severity of injuries.

Seek medical attention immediately if you are a victim of a pedestrian accident. Immediate and comprehensive medical care is crucial following a pedestrian accident to address these potential injuries and prevent long-term complications and ongoing medical treatment.

Page Updated: 4/3/24

In pedestrian accidents, generally, the driver is at fault. However, the at-fault driver and the pedestrian have a duty of care. Drivers must also yield the right-of-way to a pedestrian crossing the road within marked or unmarked intersections. The driver has a duty of care to operate their motor vehicle safely. If the driver was driving recklessly or breaking the law, such as speeding or driving under the influence, negligent drivers may be fined and charged. Pedestrians also have a duty of care to cross streets safely and to be aware of their immediate surroundings.

Determining fault in pedestrian accidents centers on establishing negligence on the part of the involved parties. A pedestrian accident lawyer can prove negligence by demonstrating that the at-fault driver (or, in some cases, the pedestrian) breached their duty of care, leading to the accident and subsequent injuries.

Here are examples of how a pedestrian accident attorney can prove negligence:

• Gathering Evidence: pedestrian accident attorneys can collect various evidence to support the negligence personal injury claim. This can include traffic surveillance footage showing the car accident, photographs of the accident scene, the positions of the pedestrian and vehicle, and the conditions of any traffic signals or signs.
• Witness Statements: Eyewitness accounts can be crucial in establishing how the accident occurred and whether the driver or pedestrian acted recklessly. An attorney will interview witnesses to corroborate the client's events.
• Expert Testimony: A personal injury lawyer will often rely on traffic accident reconstruction experts to analyze the evidence and provide a detailed account of how the accident happened. These experts can testify about the likely speed of the vehicle, the driver's ability to stop or avoid the pedestrian, and whether the pedestrian's actions contributed to the accident.
• Reviewing Police Reports: Attorneys will review the official police report for any citations issued against the negligent driver for violations such as speeding, running a red light, or driving under the influence at the time of the accident. A citation can be a strong indicator of negligence.
• Analyzing Cell Phone Records: If distracted driving is suspected, an attorney might obtain the driver's cell phone records to demonstrate that the at-fault driver was texting, calling, or otherwise using their phone at the time of the accident.
• Investigating the Driver's Background: In some cases, the driver's driving history can be relevant, mainly if it includes previous reckless or impaired driving violations. This history can help establish a pattern of negligence.
• Examining Road and Weather Conditions: The attorney may consider the role of poor road conditions or adverse weather in the accident. It could prove negligence if the driver failed to adjust their speed or behavior to accommodate these conditions.

By proving negligence, a San Diego pedestrian accident attorney aims to show that the at-fault party failed to uphold their duty of care, directly leading to the pedestrian's injuries. In doing so, the attorney can strengthen the victim's personal injury claim for compensation to cover medical bills, lost wages, and other damages resulting from the accident.

After a pedestrian accident, it's crucial to seek immediate medical attention. Pedestrian accidents can cause severe injuries and even death. Common pedestrian injuries include broken bones, road rash, back injuries, neck injuries, facial injuries, and traumatic brain injuries. An accident victim can pursue a pedestrian accident claim to pursue compensation for their personal injuries, lost wages, property damage, and any other losses.

Damages available in pedestrian accident cases include economic damages and non-economic damages.

Economic Damages

Economic damages are losses with a monetary value. They are typically easy to prove with pay stubs, receipts, and records.

Economic damages can include:

• Medical expenses
• Lost income
• Car repair bills
• Physical therapy
• Property damage

Non-Economic Damages

Non-economic damages are subjective and more challenging to determine because they don't have an objective monetary value. A personal injury attorney can help you calculate and prove these losses.

Non-economic damages can include:

• Loss of enjoyment of life
• Loss of consortium
• Pain and suffering
• Disfigurement
• Emotional distress

Punitive Damages

Courts award punitive damages to punish the at-fault driver for acts of gross negligence. If the negligent driver exhibited malicious or especially harmful actions, the court may order them to pay punitive damages.