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If you were injured in a pedestrian accident due to a driver’s negligence, you have a right to pursue compensation. Our Oceanside pedestrian accident lawyers are here to help. We will handle your insurance claim or lawsuit and fight for the money you need to pay your medical bills, cover lost income, and continue your recovery.
Our personal injury attorneys take on pedestrian accident cases regularly. We understand how to navigate the legal process and get justice for our clients. You can get started today with a free case review. Our team is here to answer your questions and discuss your next steps. Contact us if you suffered injuries.
Our Lawyers Seek Fair Compensation for Victims
When a car hits a pedestrian, serious injuries are common. Pedestrians, cyclists, skateboarders, and others sharing the roadway with drivers do not have the same protections as vehicle occupants. They are much more likely to suffer catastrophic injuries in even a relatively minor, low-speed collision.
Our attorneys understand this and the significant effects injuries can have on all aspects of our clients’ lives. Some of the common injuries we can help you seek compensation for include:
- Broken bones
- Soft tissue injuries
- Organ damage
- Serious cuts and lacerations
- Torn ligaments
- Internal bleeding
- Nerve damage
- Leg and knee injuries
- Traumatic brain injuries
- Spinal cord injuries
- Wrongful death
If you are injured in a pedestrian accident caused by a careless or reckless driver, you deserve compensation. Your attorney can help you identify your recoverable damages and seek fair compensation through a personal injury claim or lawsuit. Some common examples of recoverable damages include:
- Medical expenses: These damages will cover treatment at the time of the accident as well as ongoing care. This could include physical and mental healthcare costs.
- Mental anguish: Some losses are intangible. We seek non-economic damages for our clients, recovering money for their pain and suffering, emotional distress, and other intangible costs.
- Lost income: These damages cover any income lost due to having to take off work to recover from your accident injuries.
- Reduced earning potential: Some people suffer life-altering accident injuries and cannot return to their current job, or they may be unable to work at all.
- Property damages: While pedestrians do not have a damaged car to repair, they might have other items that require replacement. Common examples include smartphones and eyeglasses.
- Miscellaneous expenses: The cost of everyday expenses incurred because of accident injuries can add up quickly. Parking at the doctor’s office, traveling to see specialists, and modifying your home for wheelchair access could all be covered under certain circumstances. Save your receipts to document these expenses.
We Can Help If Your Loved One Was in a Fatal Pedestrian Accident
If a pedestrian accident results in death, the person responsible for the accident may have to pay out damages to cover your family’s emotional pain and suffering, income losses, funeral expenses, and more. Our wrongful death lawyers handle these cases, helping spouses, children, and/or parents seek compensation and hold the at-fault party liable for their loved one’s death.
Sargent Law Firm Injury Lawyers: Your Local Pedestrian Accident Team
Our Sargent Law Firm team is dedicated to helping injured pedestrians recover physically, emotionally, and financially. We aim to help people navigate the legal process and get the money they need, so they can focus on their treatment and healing from their injuries. If a negligent driver caused your accident and injuries, we can help you hold them accountable.
Our attorneys recognize the role we play in people’s lives. We put our hearts into every case and fight for justice. Every client’s case receives the personalization and attention it deserves. Over the years, we have obtained more than $40 million in settlements, judgments, and verdicts for our clients. In return, our clients have left us with over 400 5-star reviews and a wealth of glowing testimonials for our firm.
We provide free initial consultations for accident victims hurt in Oceanside, CA. We also go to work on these cases with no upfront fees. Our attorneys only get paid when we win cases and recover compensation for you. We can explain more about how our contingency fees work during your free consultation with our team.
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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How Do Our Attorneys Prove Liability for Your Injuries?
Many times, a driver carelessly disregards applicable traffic laws and causes a pedestrian accident. Local and state laws generally protect pedestrians, requiring vehicles to give them the right of way.
Cars must stop for any pedestrian at a crosswalk regardless of where the crosswalk may be. Pedestrians have the right of way at marked crosswalks. Drivers must also follow all other traffic rules to keep pedestrians safe, such as stopping at stop signs and red lights, maintaining the speed limit, and not driving distracted or intoxicated.
Drivers who fail to obey these rules may be liable for a pedestrian accident. Our attorneys are well-versed in the municipal rules of the road and can present evidence to show when a driver is liable for your injuries.
Our Lawyers Understand the Common Causes of Injury Accidents
Our attorneys know the evidence available and how to build a case to support your demand for compensation. Some of the most common reasons pedestrians suffer collision injuries include:
Distracted Driving
When drivers are distracted, they may not see pedestrians in a crosswalk or walking along a road without sidewalks. This creates a dangerous situation because they could fail to stop at the crosswalk, fail to maintain their lane, or cause a pedestrian collision in numerous other ways. Drivers should keep their hands on the wheel, eyes observing the road in front of them, and mind fully on operating their vehicle safely.
Speeding
Many drivers drive above the posted speed limit and cannot stop in time for a pedestrian in a crosswalk. Speeding not only increases the risk of an accident but also worsens the impact and exacerbates injuries. Driving over the speed limit can also be hazardous under some conditions, such as when roads are slick from a recent rain.
Failing to Yield the Right-of-Way to Pedestrians in Crosswalks
Pedestrians have the right of way in crosswalks. Unfortunately, many drivers speed through crosswalks without slowing or yielding.
It is important to realize that this also applies when turning. Drivers must generally yield to pedestrians crossing the street when they turn, but this is one of the most common ways pedestrian accident injuries occur.
Disobeying Traffic Signs and Signals
Traffic signs and signals are typically located at intersections. Drivers may try to blow through these signs and signals because they are concerned with getting to their destinations. They may not see pedestrians looking to get across.
Failing to Use Turn Signals
Pedestrians can protect themselves by paying attention to whether a vehicle is turning. This way, they can check if the driver turning onto the road they are crossing sees them. If the driver doesn’t use their signal, the pedestrian will not know they are turning and cannot take the necessary actions to avoid a collision.
Disregarding Adverse Weather Conditions
Drivers have a responsibility to drive slowly in inclement weather conditions such as rain and fog. Unfortunately, some drivers do not slow down. This, combined with the lack of visibility, makes a pedestrian accident more likely to occur.
Driving Under the Influence
Intoxicated drivers and their lack of judgment, diminished decision-making abilities, blurred vision, and slow response time contribute to an increased risk of accidents with pedestrians. Illegal drugs, prescribed medications, marijuana, or alcohol could negatively impact a driver’s ability to operate their vehicle.
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.
Call Us Now
Our Lawyers Investigate to Build Your Case for Compensation
Sargent Law Firm investigates accidents for our clients hurt in pedestrian collisions, gathering evidence to show:
- Who caused the crash
- What happened
- How their injuries occurred
- Their recoverable damages
By collecting compelling evidence, we can show the insurance adjuster, judge, and/or jury what occurred and why we believe the liable party is responsible. This serves as leverage when we negotiate for a fair settlement or take the case to trial.
Some common types of evidence we use to prove these cases include:
- The crash report filed by responding law enforcement officers
- Any other evidence gathered by police, such as photographs of the scene
- An accident scene survey
- Video of the collision
- Eyewitness statements
- Accident reconstruction
- Relevant medical records
- Expert testimony
- Documentation of expenses and losses, including bills, receipts, and other paperwork
How Our Attorneys Pursue Compensation for Injured Pedestrians in Oceanside, CA
Sargent Law Firm represents victims hurt in these crashes. Once we have the necessary evidence and feel confident in our case against the negligent driver, we have options for seeking the payout our client deserves.
Generally, we weigh these options and determine the approach that best fits the case facts and circumstances. Most cases end with an insurance settlement regardless of our approach. Only occasionally do we need to take any type of car accident case to trial.
Our Attorneys Help You Weigh Your Legal Options
Once we have evidence pointing to the liable party and have a strong understanding of the potential value of your case, it is time to aggressively pursue fair compensation. There are a few ways we can secure a payout for our clients in a collision case:
- Negotiating a fair settlement with the at-fault party’s insurance carrier
- Using alternative dispute resolution techniques, such as arbitration or mediation, to reach a payout amount
- Taking the case to trial and receiving a verdict and court award
Which of these options is most effective for your case will depend on the circumstances. Our attorneys help clients navigate the legal process and guide them through the appropriate steps to secure the money they deserve based on case facts.
Regardless of whether we file a lawsuit, a negotiated settlement is often possible. This is the most common way we win compensation for our clients.
Don’t Wait Too Long to File Your Pedestrian Accident Lawsuit
We encourage you to contact our team for legal representation as soon as your injuries allow you to make the call. For families with loved ones who suffered catastrophic injuries, we will gladly discuss your options with you, too. We review cases for free and help victims understand their rights.
Getting started on your case as soon as possible has several advantages, including:
- It allows our team to protect your rights immediately
- The sooner we begin building the case, the more evidence may be available
- We handle all communication with the insurance carriers and at-fault drivers from the start
- We can ensure you are aware of the filing deadlines that apply to your case
Under CCP § 335.1, we generally have up to two years to file a lawsuit based on pedestrian accident injuries in California. However, exceptions exist. It is better to ensure you understand the deadlines in your case than to assume you have plenty of time.
Discuss Your Options With Our Legal Team
If you were injured in a pedestrian accident, our attorneys at Sargent Law Firm Injury Lawyers will gather evidence and fight to get you the compensation you deserve. As lawyers who work on a contingency-fee basis, you won’t pay a dime until we win your case.
If you were injured in a pedestrian accident in Oceanside, call Sargent Law Firm today. We can offer legal advice and explain your next steps.
Oceanside Pedestrian Accident Claim FAQs
Below, we’ll go through some of the questions that may come up after a pedestrian accident in Oceanside, California.
Can I file a lawsuit if unsafe road conditions caused my accident in Oceanside, California?
Yes, you may be able to file a lawsuit if your pedestrian accident was caused by unsafe road conditions such as broken sidewalks, poor lighting, missing crosswalks, or malfunctioning traffic signals. These cases often involve government agencies responsible for maintaining public walkways and infrastructure, which means strict filing deadlines and procedures apply. Our legal team at Sargent Law Firm can investigate the circumstances of your accident and determine if a claim against a public entity is appropriate.
How long do I have to file a pedestrian accident lawsuit?
Under California law, you typically have two years from the date of the incident to file a pedestrian accident lawsuit. If the accident involves a government agency—such as issues with traffic signals or public sidewalks—the filing deadline may be as short as six months. Sargent Law Firm can help ensure your claim is filed on time and in compliance with all procedural requirements.
What compensation can I receive after a pedestrian accident in Oceanside?
If you’ve been injured in a pedestrian accident, you may be eligible for compensation covering medical expenses, rehabilitation, lost wages, and emotional distress. In more serious cases, damages may also include long-term care, loss of earning potential, and diminished quality of life. Our attorneys at Sargent Law Firm work to build a strong case that accounts for both current and future damages to support your full recovery.
How much does a lawyer cost
Hiring a lawyer typically costs you nothing upfront. At Sargent Law Firm, our lawyers work on a contingency fee basis, which means you don’t pay any legal fees unless we successfully recover compensation for you. This structure allows injured pedestrians to access quality legal representation without financial strain, ensuring you can focus on healing while we handle your claim.
