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While most people never consider being injured in a pedestrian accident, the truth is that it happens more frequently than many believe. When pedestrian accidents occur, serious injuries and death can result, as the human body is simply no match for the impact caused by thousands of pounds of steel.
If you have been injured in a pedestrian accident in Escondido, contact a pedestrian accident lawyer to discuss your situation and determine the legal options and types of compensation available to you so that you can make an informed decision about what is best for you.
Keep in mind that California’s statute of limitations for filing a personal injury lawsuit is only two years from the date of the accident, so taking action by contacting an experienced Escondido injury lawyer sooner than later is always in your best interests.
Pedestrian Accident Injuries
Generally speaking, pedestrians have the right of way in southern California. However, allowing pedestrians that right of way can be impossible when drivers are either paying more attention to their texts than the road, driving while under the influence (DUI) of drugs or alcohol, or running a red light.
Whether caused by driver error or the result of poorly maintained roads, defective brakes or tires, or improper construction zone warnings, the bottom line is that pedestrian accidents can cause catastrophic injuries such as:
- Traumatic brain injuries (TBIs)
- Broken and fractured bones
- Disfigurement
- Neck injuries
- Spinal cord injuries (SCIs)
If you’ve been injured or a loved one has been killed through an act of negligence, you need the highest level of legal representation.
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Potential Damages
Escondido pedestrian injury victims may be entitled to damages in the form of medical bills, lost income, and pain and suffering:
- Medical bills. Compensable damages include both past and future medical costs for doctor bills, hospital bills, physical therapists, medical specialists, rehabilitation equipment, medical devices, and anything else related to the injury
- Lost income. Compensable damages include both past and future lost income and lost wages from a person’s job and any other income they may have lost due to their injury
- Pain and suffering. Compensable damages include both physical and emotional pain and suffering from the injury itself, physical therapy, and the overall lasting effects on the victim, and in some situations – their families as well
Wrongful Death Claims
The family members of someone who died from a serious pedestrian accident may be able to file a wrongful death claim for the decedent’s loss of life, lost wages, future earning potential, and the loss of family support, guidance, and relationships.
Speak with an Escondido Pedestrian Accident Attorney Today
Individuals who have been injured in a pedestrian accident in southern California may be entitled to compensation. However, too many accident victims sell themselves short by accepting lowball insurance settlement offers before understanding how their injuries may affect them in the long run.
An experienced Escondido pedestrian accident lawyer can review medical records, as well as talk with doctors and specialists in order to determine the types of medical treatment needed – and possible income lost – due to the injury.
Sadly, many insurance companies push settlements on injured pedestrian accident victims to avoid these types of investigations. Do not sell yourself, or your family’s future, short by making an uninformed decision regarding insurance proceeds. Consult with an Escondido pedestrian accident lawyer today who understands how the insurance industry works for the peace of mind that someone is advocating on your behalf.
Escondido Pedestrian Accident FAQs
How does California law define right-of-way for pedestrians in crosswalks in Escondido?
Under California Vehicle Code § 21950, drivers in Escondido must yield the right-of-way to pedestrians crossing within marked or unmarked crosswalks at intersections. However, pedestrians also have a duty to not suddenly leave the curb and walk into the path of a vehicle so close that the driver cannot stop in time. When a driver fails to yield properly, and a pedestrian is hit, an Escondido pedestrian accident lawyer from Sargent Law Firm can help prove the violation and pursue compensation.
Can I file a pedestrian accident claim in Escondido if the driver fled the scene?
Absolutely. Hit-and-run pedestrian accidents are tragically common, and victims often believe they have no options. However, if you have uninsured motorist (UM) coverage or if the driver is later identified, you may still pursue compensation. An experienced pedestrian accident attorney in Escondido at Sargent Law Firm can investigate surveillance footage, witness statements, and other evidence to help identify the liable party, or file a claim through your own policy if applicable.
How long do I have to report a pedestrian accident injury in Escondido?
While California’s statute of limitations allows you two years to file a lawsuit under CCP § 335.1, it’s critical to act sooner. Reporting the accident immediately to law enforcement and seeking medical attention creates vital documentation for your claim. Waiting can weaken your case or give insurers ammunition to deny your injuries. The Sargent Law Firm’s Escondido pedestrian accident attorneys recommend beginning the legal process right away to preserve all evidence.
Can I still file a pedestrian accident claim if I was hit by a car while jaywalking in Escondido?
Yes, even if you were jaywalking at the time of your pedestrian accident in Escondido, you may still be entitled to compensation. California follows a comparative negligence system, which means your compensation may be reduced by your percentage of fault, but it does not bar recovery entirely. The Escondido personal injury lawyers at Sargent Law Firm can help you challenge unfair blame and fight for the maximum possible recovery.
