Escondido Pedestrian Accident Lawyer

If you or someone you know has been involved in a pedestrian accident, you should consider speaking with an Escondido pedestrian accident attorney. Pedestrians are very vulnerable, especially in metropolitan areas. Drives who display recklessness, carelessness, or negligence put pedestrians in great danger. If a pedestrian is struck by a car, it could lead to serious injuries and even death. Contacting an injury lawyer can help pedestrians recover from their injuries.

What Can Cause a Pedestrian Accident?

Drivers are often at fault for pedestrian accidents, although pedestrians may sometimes be liable as well. Some of the main causes of pedestrian accidents are:

• Poor visibility. There are a multitude of factors that can cause visibility to be poor on the road. Poor weather, poor vehicle headlights, pedestrians wearing dark clothing, or objects on the road can all contribute to poor visibility. This can increase the chances of an accident.
• Failing to yield. Failing to correctly yield the right of way can lead to an accident. This typically occurs when a driver fails to yield to a pedestrian crossing the street in the crosswalk. Drivers can be held liable if they cause an accident in this way.
• Improper crossing of a road or intersection. A pedestrian could cross the road illegally or without properly using the crosswalk, leaving drivers with little time to react. This could lead to an accident, causing injury to the pedestrian. The pedestrian may be held responsible for this action.
• Standing or working in the street. If there are pedestrians standing or walking in the street, it can be difficult for drivers to avoid them. The first driver may see the pedestrian and swerve to avoid hitting them, but the driver behind them may not see the pedestrian in time. This could also happen when construction workers are working on the roads, and drivers are passing by. However, in this case, it’s the driver’s responsibility to use caution and drive slowly when workers are present.
• Substances such as drugs or alcohol. Any driver who operates a vehicle while intoxicated or under the influence is a serious threat to everyone else. Drugs and alcohol can severely impair judgment, making driving a vehicle or walking across the street much more difficult.

Pedestrian Laws in Escondido, CA

Everyone on the road has a responsibility to adhere to the California pedestrian laws outlined in the Vehicle Code Section 21950. Pedestrians do not automatically have the right of way when crossing the street in every case. In addition, drivers have a responsibility to stay alert and aware of pedestrians and yield the right of way when necessary. Pedestrians and drivers must both be aware of the laws and obey them to reduce the chances of an accident.

• A pedestrian should not cross the road at a place marked between two intersections. This is considered jaywalking, and it is a dangerous exercise that increases the chances of accidents. Jaywalking could lead to fines for pedestrians.
• A pedestrian cannot abruptly leave the sidewalk or curb and go into the road. They should also avoid stopping in the middle of the crosswalk. This can cause a major traffic delay.
• Motor vehicles are required to yield to pedestrians crossing using the crosswalk. The crosswalk should be marked with white lines at an intersection. Drivers are expected to slow down or come to a stop to keep a safe distance from the crossing pedestrians.
• A pedestrian only has the right to cross at an intersection marked by a traffic signal if they have the signal to walk. While waiting at a red light or a “don’t walk” signal, the pedestrian must yield to the cars driving through the intersection.

Just because one legally has the right of way does not absolve them of their duty to display a reasonable amount of caution and care for others on the road. Drivers and pedestrians are expected to use caution to try to avoid accidents. For more help understanding California laws surrounding pedestrian accidents, you should speak with an attorney.

Determining Liability in Pedestrian Accidents

When it comes to accidents, California is an at-fault state. This means that the person who caused the accident will be responsible for paying for the financial damages suffered by the victim. These damages can be economic or non-economic losses. Determining liability in a pedestrian accident case requires a thorough examination of what caused the accident and who is at fault.

The injured victim may seek financial compensation from the party at fault. For example, if a driver strikes a pedestrian because they were driving distracted, the pedestrian can seek compensation. They could pursue a personal injury claim against the driver for damages. If the case is successful, the driver will be fully responsible for paying them. An experienced accident lawyer can help victims file a claim and seek the financial compensation they deserve.

In most pedestrian accidents, the injured pedestrian could file a claim against:

• The driver. If the driver caused the accident, their insurance will likely pay for the damages and injuries caused.
• The company. If the driver was on duty during the accident, such as working for Uber, Lyft, UPS, a pizza delivery restaurant, or any other workplace, the company may be held liable. It is common for employers to be held liable for the actions of their employees.
• The city. The city could be held accountable for defective or malfunctioning street signals, crosswalks, or sidewalks if they contributed to the accident. If it can be proven that the city should have been aware of the hazard and fixed it but failed to do so, they could be held responsible for any accidents caused as a result.

What to Do After an Accident

As a pedestrian, if you have been struck by a vehicle in Escondido, California, it’s important that you remain calm and stay at the scene. Immediately call 911, wait for the police to arrive, and get the medical attention you need. The most important thing is to have your injuries treated by a medical professional. Even if you do not immediately notice severe injuries, you should still be checked out. Some injuries may not appear until days later because your adrenaline is running so high.

Once the police arrive on the scene, you should file a police report. Next, you should take photos and videos of the accident scene if you can. You should also exchange contact information with the driver who hit you and any witnesses who saw what happened. Ensure that you collect the name, phone number, and insurance information from the driver.

It’s very important that you do not admit fault when talking with the police or the other driver while on the scene. Admitting fault could be used against you in your case. You’ll need to refrain from saying anything about how the accident happened until you speak with a qualified accident attorney. An attorney can help you develop a plan to seek compensation for your injuries.

Statute of Limitations for Pedestrian Accidents in California

The statute of limitations for filing a personal injury claim from a pedestrian accident is two years in California. This means that victims of pedestrian accidents have two years from the date of the incident to file a legal claim. If they fail to do so within this time period, they could lose their legal right to receive compensation for their damages.

If your injuries are not immediately noticeable, the two-year time frame may not start until the date the injuries were discovered. This two-year statute could also differ in length if you are filing a claim against the city or government entity. It is wise to speak with an attorney experienced in personal injury cases about the time limit that pertains to your claim. They can review your case and advise you on how long you have to file.

Common Injuries

There are several types of injuries that could occur from a pedestrian accident. Some of the most commonly seen injuries include:

• Wounds, cuts, or bruises. These injuries may be relatively minor, but they should still be attended to. Not taking care of a wound or cut could cause the injury to worsen over time. The recovery time from these types of injuries can be fairly quick, depending on the severity.
• Broken or fractured bones. It is common for pedestrians to fracture their hands, arms, wrists, back, shoulders, or legs in an accident. There could also be compound fractures or a broken bone that punctures through the skin tissue. These injuries can be very painful and lead to long-term damage. In some instances, amputation could be necessary.
• Spinal cord injuries. Spinal injuries are one of the most severe injuries seen in pedestrian accidents. They can lead to lifelong problems. Victims could suffer paralysis or even death from a spinal cord injury.
• Brain injuries. Brain injuries are some of the most serious. These can include concussions or other traumatic brain injuries. These injuries can lead to symptoms such as vomiting, nausea, drowsiness, loss of coordination, or trouble concentrating. Victims need to be checked out by a medical professional immediately if they experience any of these symptoms.

Damages You Could Recover

The damages that could be recovered in a pedestrian accident case can be broken into two categories: economic and non-economic.

Economic damages refer to damages that have a verifiable financial value, such as:

• Lost wages. If the injuries forced you to miss work, therefore losing wages, those lost wages could be compensated in your settlement.
• Hospital bills. Any medical bills, such as hospital stays, prescriptions, surgeries, or anything else related to your injuries, could be recovered.
• Funeral and burial costs. If the accident led to the death of the victim, the surviving family members could recover the funeral and burial costs of the deceased.

Non-economic damages refer to the damages that do not have an obvious financial value, such as:

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

What Happens if You Hit a Pedestrian in California?

If you hit a pedestrian in California, you could face serious consequences. Drivers must stop and pull over if they are involved in any type of accident. Hitting a pedestrian and continuing to drive could cause them to be charged with a hit-and-run, which will lead to even greater penalties. A hit-and-run could bring on serious fines and potential jail time. If the driver was under the influence or intoxicated, the penalties could be even more severe, and their driver’s license could be revoked.

Can a Pedestrian Be at Fault?

Pedestrians, like drivers, have a responsibility to act with a reasonable amount of care when they are on the road. Although pedestrians typically have the right of way when crossing the street in crosswalks, there are instances where they could contribute to causing the accident. For example, if a pedestrian was intoxicated, abruptly raced out onto the street, and was hit by a car, the driver could argue that it was the pedestrian’s fault.

This is why it is important to get the help of an experienced attorney who can investigate your accident and help you develop a strategy for resolving your case. They can help you prove the other party’s liability and defend against any accusations of fault on your part.

How Common Are Pedestrian Deaths?

The death of a pedestrian is a possibility in many accidents. The likelihood of death often depends on the impact of the collision and the severity of the injuries. Sometimes, pedestrians are killed immediately on impact, while other times, the injuries sustained are not immediately fatal but eventually lead to the pedestrian’s death. If the pedestrian is killed, their family members may be able to file a wrongful death claim to pursue the resulting damages.

Perry Law: Personalized Legal Support for Your Pedestrian Accident Case

If you have been involved in a pedestrian accident, you need strong legal support. You may have several questions regarding how to move forward or what the legal process looks like. An experienced accident attorney can help answer these questions and advise you on the necessary next steps in your case. Victims may file personal injury claims to seek the compensation they deserve.

At Perry Law, our legal team is well-equipped to help you through every stage of your legal case. Our law firm focuses exclusively on personal injury matters, and you can rest assured that we can explore every legal avenue possible to achieve a favorable result. With our compassion, dedication, and determination, we work tirelessly for every client to ensure their rights are protected. Contact us today to speak with a member of our legal team.