Carlsbad Pedestrian Accident Attorney

Carlsbad Pedestrian Accident Lawyer

Being involved in a car accident can already be a terrifying and complicated situation to find yourself in. When the accident involves a pedestrian, the whole situation can go from bad to worse in an instant. The resulting fallout of a pedestrian accident can be overwhelming for everyone involved. The chances of suffering a severe injury or even death are much higher when a pedestrian is hit by a vehicle. If you have been struck by a vehicle, you may want to speak with a Carlsbad pedestrian accident attorney.

Building a Case After a Pedestrian Accident

There are a number of reasons why a pedestrian accident might happen. In California, the higher duty of being watchful on the road rests with the driver. Due to this, the driver is nearly always considered to be at fault if they strike a pedestrian with their vehicle. Still, pedestrians may sometimes put themselves at great personal risk while walking on the road. Either way, the result remains the same. The pedestrian is often injured severely.

Before you contact a Carlsbad personal injury lawyer and start developing a case for compensatory damages, it is important to keep in mind that the statute of limitations for such a case in California is two years. That means you will have two years from the date of your initial accident to start building your case, gather the evidence you need, consult a lawyer, and file a claim for compensation. If you are unable to file within two years, your case may be dismissed.

Building a case against a liable driver for causing your damages in a pedestrian accident can take a great deal of time, so it is recommended that you start building your case as soon as you can.

Common Causes of Pedestrian Accidents

Getting struck by a car while walking can be one of the most catastrophic and life-altering events of your life. It may be wise to understand the common causes of pedestrian accidents so you can avoid certain situations in the future. There are a number of ways that a driver can accidentally hit someone. There are thousands of pedestrians walking on the side of the road at any given time all around the world. Accidents can happen more frequently than you might think. Here are some common causes:

• Distracted Driving: Distracted driving remains one of the primary causes of car accidents around the world, and it is also one of the primary causes of pedestrian accidents. Any behavior that takes the driver’s focus away from the road ahead of them may be considered distracting. This includes eating and drinking, talking on the phone, texting, playing with the radio, applying makeup, arguing with passengers, and engaging in road rage.
• Driving at Night: Some drivers may not be as comfortable driving at night as others. Nighttime may limit a driver’s visibility substantially. This can lead to an accident, especially if the pedestrian in question is wearing darker clothing and might not be immediately noticeable.
• Impaired Driving: When driving a vehicle of any kind, it is vital to the safety of everyone around you that you are not impaired in any way. Impaired drivers are a danger to everyone, including the driver themselves. Driving while under the influence of alcohol or drugs severely impacts your judgment and limits your reaction time. You might not even notice a pedestrian until it is too late to do anything about it.
• Reckless Driving: Reckless driving can be very dangerous behavior that puts everyone around you in jeopardy. Speeding, weaving through traffic, and refusing to obey traffic laws are just some examples of reckless driving behavior that can put pedestrians in danger. After all, if a driver is simply not noticing pedestrians due to their reckless driving, it can be very bad for the pedestrians.
• Poor Weather: Bad weather conditions can seriously impact one’s driving ability. A wet road or one that is caked in snow can cause your car to hydroplane or forcibly stop. A hazardous road can cause a vehicle to swerve, possibly into a pedestrian who may be distracted by dealing with the same treacherous weather conditions while walking.
• Construction: Construction on the road has the power to throw everybody off, drivers and pedestrians alike. The road may be misshapen and hard to navigate. The sidewalk may be nonexistent. Pedestrians may have to walk in the road, and drivers may not expect them to appear in front of them at any point.

How to Prevent Pedestrian Accidents

While the driver is usually considered to be at fault for any accident concerning a pedestrian, it is still a wise idea for pedestrians to do their part in trying to keep out of any sort of car accident. While being smart won’t help if an accident takes place, the fact that you were actively trying could help your accident claim.

• Assume Nothing: One of the most important mindsets you can have as a pedestrian walking around town is mistrust. Never assume the drivers around you are paying attention to you; there is a good chance that many of them haven’t even noticed you. Drivers might not be looking out for pedestrians at all times, so you have to look out for the drivers. Be aware of all the cars around you, and be cautious when approaching them.
• Use Crosswalks: Crosswalks are in place to provide pedestrians with a safe and reliable place to cross the street without worrying about oncoming traffic. Most drivers are likely looking out for pedestrians here. Always cross at a crosswalk, and be sure to only cross when the traffic light permits you to. Crossing against the light can lead to a potential accident with an oncoming vehicle.
• Avoid the Street: If at all possible, do not cross in the middle of the street. Crossing in the street can block traffic, cause drivers to swerve out of the way, and result in a multitude of other problems. While jaywalking is now technically legal in California, stepping into traffic could still cause a number of problems for the cars on the road and you. It’s simply not worth the potential hassle.
• Be Visible: If you are planning to walk on the side of the road, particularly in the evening, you may want to consider wearing brightly colored clothes so you stand out. If it is dark out, you may want to wear reflective clothing and carry a flashlight with you in case a car comes by. You can use the flashlight to notify them of your presence.
• Don’t Walk Drunk: If you are planning to consume alcohol or you have consumed drugs, you may want to get a ride home. Walking while drunk or high can cause you to stumble, possibly right into oncoming traffic.

Traits of a Solid Personal Injury Lawyer

Personal injury lawyers, such as those who focus on pedestrian accidents, tend to encounter their clients during particularly stressful times in their lives. Someone else’s negligent actions can cause serious harm to your life, and you may need someone on your side who can provide you with options for seeking compensation from the responsible party. Here are some important traits that you should look for in a personal injury lawyer:

• Experience: One of the most important qualities that a lawyer can have is experience. If at all possible, you should look to hire a lawyer who has a considerable amount of experience in handling cases similar to yours, and they should have a strong record of success with those cases. A lawyer who has succeeded in cases like yours before can use some of their proven strategies and anticipate any potential setbacks.
• Empathy: Getting struck by a vehicle is going to be a difficult thing to move past, and your lawyer may meet you at a low point because of it. You may be feeling angry, isolated, and in need of emotional support. When deciding on a lawyer to hire, you may want to go with somebody who shows you some empathy and understands the difficulties of your situation. Above all, you want a lawyer you can trust and feel comfortable with.
• Communication Skills: Communication is essentially the largest part of a lawyer’s day-to-day job. They have to communicate before a judge and with their clients, the jury, opposing counsel, police and private detectives, and anyone else relevant to your case. Mostly, they need to communicate with you. They must be honest with you about your chances, translate any legalese back to you in a palatable way, and hold nothing back for fear of disappointing you.
• Listening Skills: Communication is very much a two-way process. While you obviously expect your lawyer to communicate with you, you need to provide that same level of communication, and your lawyer should be expected to listen to you. Your attorney needs to learn about the details of your case from you. If they don’t listen, they may not be the right lawyer to represent your interests.

FAQs

Q: What Happens If You Hit a Pedestrian in California?

A: A lot can happen if you hit a pedestrian in California. If the pedestrian dies as a result of their injuries, you could be looking at a significant penalty for vehicular manslaughter. If the pedestrian suffers substantial injuries but survives, you will likely be facing considerable penalties that could include jail time, fines, a loss of your license, and a civil case from the pedestrian, whom you will likely owe damages for the distress and harm you have caused.

Q: What Is the Average Payout for a Pedestrian Hit by a Car in California?

A: The average payout for a pedestrian hit by a car in Carlsbad, California cannot give you an idea of what the compensation amount in your case will be. Every pedestrian accident case is different, with its own specific details and circumstances unique to the individual case. Just because one case similar to yours resulted in a favorable outcome and hefty settlement, it does not automatically mean yours will, too. Certain factors have to be taken into consideration, such as the severity of your injuries and your lawyer’s negotiation skills.

Q: What Are the Rules for Pedestrian Accidents in California?

A: The rules for pedestrian accidents in California largely favor the pedestrian. Most of the time, when a driver hits a pedestrian, it is considered the driver’s fault. Pedestrians largely have the right of way in most situations, and it is up to the driver to yield to them. Pedestrians have the responsibility of obeying traffic signs, crossing at designated crosswalks, and not stepping off the curb into oncoming traffic.

Q: What Is the New Pedestrian Law in California?

A: In 2023, California passed a new pedestrian law known as the Freedom to Walk Act. This statewide legislation officially legalized jaywalking in California, within reason. Pedestrians are now free to cross into oncoming traffic outside of a crosswalk without fear of getting a ticket for jaywalking. The only caveat is that the situation must be safe for everyone. If a pedestrian deliberately walks in front of an oncoming car, it could result in legal penalties.

Reach Out to a Pedestrian Accident Lawyer Today

For a pedestrian, getting hit by a vehicle and suffering a serious injury is a legitimate and reasonable fear. You may be lucky even to survive such an accident with minimal physical damage, but the emotional scarring may last for far longer. You may want to seriously consider legal action in the event of a pedestrian accident, as it could be a good way to start the healing process.

At Perry Personal Injury Lawyers, we know the kind of legal assistance you may need following a pedestrian accident. We can build up your case, gather the necessary evidence, and make sure your interests are protected throughout this process. Contact us to schedule a consultation as soon as you can.