San Diego Pedestrian Accident Lawyer

Pedestrian Accident Attorney in San Diego, California

According to the California Office of Traffic Safety, about 7,500 pedestrians have died in California between 2009 and 2018. In 2018 alone, more than 14,000 pedestrians were injured on California roadways. The lack of protection for pedestrians from automobiles makes pedestrian accidents even more devastating. Such accidents often cause minor and catastrophic injuries, traumatic brain injuries, fractures, emotional traumas, and sometimes even death.

If you or a loved one have been hurt in a pedestrian accident caused by another person’s negligence, you may be entitled to seek damages. At Benner Law Firm, our San Diego pedestrian accident lawyers are dedicated to offering experienced legal services and compassionate representation to pedestrian accident victims and their loved ones.

Our knowledgeable California personal injury attorney will investigate the details of your case and help you explore all possible legal options as you pursue compensation for your injuries. As your legal counsel, we will fight compassionately to protect your rights and help you pursue the best possible outcome for your case.

Benner Law Firm also proudly serves clients throughout San Diego, Chula Vista, San Diego County, Escondido, Oceanside, El Cajon, and California.

Call us at 619-941-0456 to get in touch with our San Diego pedestrian accident attorney today.

How To Determine Liability in a Pedestrian Accident

The lack of protection for pedestrians from automobiles makes pedestrian accidents even more devastating. Such accidents often cause minor and catastrophic injuries, traumatic brain injuries, fractures, emotional traumas, and sometimes even death.

If you or a loved one have been hurt in a pedestrian accident caused by another person’s negligence, you may be entitled to seek damages. At Benner Law Firm, we are dedicated to offering experienced legal services and compassionate representation to pedestrian accident victims and their loved ones.

Benner Law Firm also proudly serves clients throughout San Diego, Chula Vista, San Diego County, Escondido, Oceanside, El Cajon, and California.

Call us at 619-941-0456 to get in touch with our San Diego pedestrian accident attorney today.

What Are The Driver’s Responsibilities?

In California, motor vehicle drivers owe a duty of care to pedestrians, motorcyclists, bicyclists, other drivers, and road users. According to the California Vehicle Code 21950,

All drivers have a responsibility to exercise due care to avoid hitting a pedestrian.
All drivers shall yield the right-of-way to a pedestrian crossing the roadway.
All motorists must not drive on a sidewalk unless it’s needed to cross the street.
All drivers shall yield to a blind person using their cane to signal that they wish to enter a crosswalk.
All motorists must stop at least five feet from a crosswalk to allow pedestrians to cross the road safely.
On approaching an intersection, all drivers must slow down and be ready to stop.
All drivers may be found negligent if their failure to exercise due care causes a pedestrian accident or injury.

Drivers must always remain alert and avoid distractions such as texting, talking on the phone, eating, or other activities that divert their attention from the road. Distracted driving significantly increases the risk of pedestrian accidents, especially in busy urban areas like San Diego where there is heavy vehicular traffic and many pedestrians crossing streets.

Additionally, drivers should obey all traffic laws, including speed limits and traffic signals, which are designed to protect pedestrians. For example, failing to stop at a red light or stop sign can lead to collisions with pedestrians legally crossing the road. Drivers must also be especially cautious near school zones, parks, and residential areas where children and vulnerable pedestrians are more likely to be present.

In cases where a driver violates these responsibilities and causes an accident, they can be held liable as the at-fault driver. This liability can lead to legal actions where injured pedestrians may file a pedestrian accident claim to seek compensation for serious injuries, medical bills, hospital bills, ongoing medical treatment, physical therapy, lost wages, and emotional distress caused by the accident.

Understanding and respecting these responsibilities is crucial for drivers to help reduce pedestrian accidents and protect the safety of all road users.

What Are The Pedestrian’s Responsibilities?

According to California Vehicle Code Section 21954, pedestrians have the following rights and duties:

Pedestrians have the right of way in either a marked or unmarked crosswalk.
Pedestrians must follow all traffic rules. However, if the pedestrian is not properly obeying the law, a motorist is expected to yield the right way.
Pedestrians upon a roadway, other than within a marked crosswalk, shall yield the right-of-way to all vehicles.
Pedestrians must walk close to their right-hand edge of the roadway.
Pedestrians must not cross the roadway at any place except in a crosswalk.

According to California Vehicle Code Section 21954, pedestrians have the following rights and duties:

Pedestrians have the right of way in either a marked or unmarked crosswalk.
Pedestrians must follow all traffic rules. However, if the pedestrian is not properly obeying the law, a motorist is expected to yield the right way.
Pedestrians upon a roadway, other than within a marked crosswalk, shall yield the right-of-way to all vehicles.
Pedestrians must walk close to their right-hand edge of the roadway.
Pedestrians must not cross the roadway at any place except in a crosswalk.

California is considered a fault state. This means that the person responsible for the accident (the at-fault party) must compensate accident victims who require medical treatment or repair to damaged property.

However, California uses the comparative negligence principle. Under this system, a person will only be liable for his or her percentage of fault in an accident. For example, if you were found to be 20% at-fault for the accident, you will only be entitled to receive 80% of the total damages awarded in your case.

California Insurance Requirements

California requires drivers or vehicle owners in the state to carry liability insurance with a minimum coverage of:

$15,000 for bodily injury or death per person in an accident
$30,000 for bodily injury or death to more than one persons in an accident
$5,000 for property damage in an accident.

Put an Experienced San Diego Pedestrian Accident Attorney On Your Side Today

Pedestrian accidents can have a significant, long-term effect on your financial, physical, and mental well-being. The good news is, you don’t need to go through these challenges on your own. If you were involved in a pedestrian accident, it is imperative that you retain a knowledgeable California personal injury attorney as soon as possible to help protect your rights and provide you with the legal guidance and support you need.

At the Benner Law Firm, our San Diego pedestrian accident lawyers has spent years offering compassionate legal service and representation to clients facing complex personal injury cases. As your legal counsel, we can help with all of the following:

Review every aspect of your case and conduct a detailed, private investigation
Gather all important information, pieces of evidence, police reports, and other documentation
Work to establish fault and prove liability
Determine and estimate case-value
Handle all communications and negotiations with insurance companies and opposing legal counsel
Work hard to negotiate a fair financial settlement with the insurance provider
If necessary, represent you in court for your personal injury or wrongful death lawsuit

Our team will fight compassionately to protect your rights and represent your best interests. We will do everything that we possibly can to help you hold those who are responsible for your injuries accountable.

With our San Diego pedestrian accident attorneys on your side, you can increase your chances of successfully pursuing the best possible outcome for your case. Don’t wait. Reach out to our firm today to schedule a free initial case consultation.

Experienced Pedestrian Accident Lawyer San Diego

Contact the Benner Law Firm today to schedule a free one-on-one consultation. Our firm can fight aggressively to protect your rights and help you pursue fair financial compensation that can cover your medical expenses, lost wages, future medical treatments, and any other pain and suffering you’ve had to endure.

We’re proud to serve pedestrian accident victims throughout San Diego, Chula Vista, San Diego County, Escondido, Oceanside, El Cajon, and all of California — so reach out today for help!