San Diego Pedestrian Accident Lawyers
The experienced San Diego pedestrian accident lawyers at Bisnar Chase have a long and successful track record of protecting the rights of injured victims and their families. We will fight against the at-fault parties - be it negligent motorists or governmental entities - in order to help you recover fair and full compensation for your significant losses.
Please contact us today at 949-203-3814 for a free consultation and a comprehensive case evaluation.
Pedestrian accidents often result in devastating injuries - especially for the unprotected pedestrian who is struck by a vehicle. Pedestrian accidents may result in catastrophic injuries such as brain injuries, spinal cord trauma, broken bones and internal injuries. The cost of a San Diego pedestrian accident may add up very quickly in terms of medical bills, lost income, hospitalization costs and physical therapy bills, which may not even be covered by health insurance. When a pedestrian accident is caused by someone else's negligence or wrongdoing, it is important that injured victims understand their legal rights and options.
San Diego Pedestrian Accident Statistics
According to the California Highway Patrol's Statewide Integrated Traffic Records System report in 2010, there were 55 fatalities and 888 injuries reported as a result of San Diego pedestrian accidents. During that same year, 26 people were killed and 468 others were injured in San Diego pedestrian accidents.
Pedestrians Most At Risk
All pedestrian accidents could have serious consequences. However, there are some pedestrians, who are particularly at risk:
-- Drunk pedestrians: The Governors Highway Safety Council reports that one third of pedestrians killed nationwide had a blood alcohol level of .08 percent or higher at the time of the crash. Approximately half of the fatally injured pedestrians who were between the ages of 24 and 34 at the time of their accident were intoxicated.
-- Elderly pedestrians: According to the U.S. Centers for Disease Control and Prevention (CDC), pedestrians ages 65 and older accounted for 19 percent of all fatally injured pedestrians and 11 percent of all pedestrian injuries reported in the year 2010.
-- Children: The CDC reports that nearly one in every five children between the ages of 5 and 9 who were killed in traffic accidents in the year 2010 were pedestrians.
-- Speeding: Fatal pedestrian accidents typically involve vehicles moving at a high rate of speed. Pedestrians would be well advised to only cross at intersections and areas especially designated for pedestrians such as sidewalks and bridges.
-- Urban areas: There is more traffic and more opportunities to suffer an injury in a busy, urban area such as downtown San Diego than outside the city. It is also more likely for pedestrians to be injured at night when a driver may not see them until it is too late.
Pedestrian Safety Tips
Many San Diego pedestrian accidents result from driver error, but there are steps you can take to reduce your chances of suffering an injury. For example, it is not advisable to cross outside of crosswalks or intersections. Drivers are not consciously looking for pedestrians in the middle of the road. If walking at night, it is advisable to wear bright clothing and to carry a flashlight. When crossing the road, make eye contact with drivers before stepping into the roadway even if you have the right-of-way. If you are walking where there is no sidewalk, walk to the far left of the roadway facing traffic.
If You Have Been Injured
If you have been injured in a San Diego pedestrian accident, you may not be able to do anything but wait for help. In such cases, it is advisable to call the authorities and remain still. If, however, you can move without getting injured further, you should call the police, collect contact information from the driver, take photos of the crash site and seek immediate medical attention. If you have suffered a significant injury, it may be in your best interest to call an experienced San Diego personal injury lawyer before calling an insurance company.
Getting support for the losses you have suffered in a San Diego pedestrian accident can be challenging. You will have to prove not only that you were injured in the accident, but also that the driver's negligence contributed to the crash. Was the driver speeding? Were you legally crossing the road in an intersection? Proving liability may require eyewitness accounts, police reports, medical records, photographs of the crash site and a full investigation.
The Value of Your Claim
Ideally, the driver's insurance company will offer you a settlement that covers your medical expenses and other related damages. If you have been offered a settlement right away, it may be in your best interest to have your attorney review it before signing any paperwork. It is common for insurance companies to offer inadequate settlements that do not fully cover the extent of your losses. If you accept a smaller and quicker settlement, you will no longer be able to pursue additional compensation - even if you have incurred additional expenses.
If you are not offered fair compensation for your losses, you can either request a larger settlement or file a personal injury claim against the at-fault driver in court. A personal injury claim is a civil lawsuit that can result in support for your current and future medical bills, lost wages, loss of earning capacity, physical pain, mental anguish, the cost of rehabilitation services and all other related damages.