Escondido Pedestrian Accident Lawyer
Pedestrian Injury Attorney in Escondido, California
Pedestrian car accidents are much different than most other types of auto accidents due to the severity of injuries that are often incurred by pedestrians. These accidents can be some of the most devastating because pedestrians have no protective barrier, unlike a driver in an enclosed vehicle or motorcyclist with protective gear. The personal injury lawyer at Setareh Law knows that pedestrians are uniquely vulnerable during an accident and require legal support to recover the financial compensation they deserve to help them get back on their feet.
Common Pedestrian Accident Injuries
When a pedestrian is struck by a vehicle, they don’t have the same protection as the passengers in the vehicle. Additionally, a much heavier and larger object is striking them, meaning they are likely to suffer severe, debilitating, if not deadly, injuries. Pedestrians often suffer injuries to their legs, pelvis, torso, chest, and head. Some of the most common injuries in these accidents are:
- Skull fractures
- Broken bones
- Traumatic brain injuries
- Neck and back injuries
- Spinal cord injuries
- Internal organ damage
- Road rash
- Fatal injuries
Many of these injuries can lead to life-long disabilities that require expensive and extensive medical care, which is why many pedestrians need to file a personal injury claim to recover compensation. These injuries may leave them with a reduced ability to work or completely diminish their ability to work, and they have no source of income to keep up with their medical expenses or other losses. Setareh Law knows that many pedestrians who’ve survived an accident need compensation not only to recover but also to move forward with their lives. Our personal injury attorney is ready to go to trial to help ensure our clients get the compensation they deserve.
Common Causes of Pedestrian Accidents
Like most accidents, pedestrian accidents are also often avoidable. Pedestrian accidents tend to occur because one or multiple parties were negligent. In personal injury, negligence is the term used to describe the actions of a party who behaved recklessly or carelessly. Determining the cause of the accident can help establish who was negligent and prove they are liable for damages. Some of the most common examples of negligence that led to pedestrian accidents include:
- Texting while driving
- Distracted driving
- Reversing without looking
- Drunk driving
- Running a red light
- Rolling through a stop sign
- Speeding in a school zone
- Unsafe passing at a crosswalk
- Not yielding the right of way at an intersection
- Pedestrian distracted by cell phone
- Walking while intoxicated
- Disobeying traffic signs
While there’s a common misconception that pedestrians always have the right of way, that is not always the case. In some accidents, a pedestrian failing to yield the right of way or being distracted is a contributing factor to the accident. However, this does not mean they can’t recover compensation.
How Comparative Negligence Affects Pedestrian Accident Claims
California operates under the theory of comparative negligence, which means that the person filing the claim (plaintiff) could have contributed to the accident and still file a claim against another party. For instance, if a pedestrian was on the phone and not paying attention and crossed the walkway without looking, but the driver was distracted or drunk, then both parties contributed to the accident. However, a driver in an enclosed vehicle is held to a higher standard of care because they have the most significant potential to cause harm in the accident. Therefore, even though the pedestrian was partially to blame for the accident, they can still file for compensation. It’s important to note that the pedestrian can file for compensation under comparative negligence, but their compensation may be reduced by the percentage of blame they are assigned.
It’s also important to be aware that comparative negligence may be used against pedestrians. While it’s true in some cases that the pedestrian is partially at fault, it’s not always true, but insurance companies can attempt to place blame on them to reduce their payout. This is one of the many reasons it’s vital to contact a lawyer as soon as possible. They can make sure that no false blame is placed on you in an attempt to reduce the compensation you are owed.
Possible Damages in a Pedestrian Accident Claim
Damages is a personal injury term that can be used to describe the losses suffered by a plaintiff and to address the financial compensation they may recover from a claim. The damages you can recover for your claim depend on the extent of your injuries and on the other types of losses you suffered, such as property damage or capacity to work. Possible damages include:
- Lost wages
- Lost earnings
- Disability cost
- Hospital bills
- Ongoing medical treatments
- Physical therapy
- Out-of-pocket expenses
- Loss of consortium
- Pain and suffering
- Loss of enjoyment of life
- Scarring or disfigurement
- Wrongful death damages
- Punitive damages
Understanding the estimated value of your claim is vital to ensuring you are not accepting low-ball offers from insurance companies. Working with an attorney is the best way to be sure you understand your best legal avenue to recover compensation and the amount you are entitled to, ensuring you accept nothing less.
Experienced Pedestrian Attorney Located in Escondido
Speaking with an attorney is important for injured pedestrians because they’ve suffered significant losses. Sometimes, the best way to cover those expenses is to file a personal injury claim. Setareh Law is a highly accomplished personal injury firm dedicated to helping pedestrians recover full and just compensation. We are determined to fight for our client’s right to maximum compensation, even if it means going to trial. Our personal injury attorneys understand the importance of a successful outcome and will work tirelessly to achieve it.