A Trusted San Diego Pedestrian Accident Lawyer
Were You Seriously Injured in a Pedestrian Accident in San Diego?
Walking, running, and jogging are great ways to stay active and take in the beauty and mild climate San Diego has to offer. Unfortunately, due to driver negligence, pedestrian accidents occur all too frequently in “America’s Finest City.” If you were hit by a motor vehicle while walking down the street or at a crosswalk, you need to consult with a San Diego pedestrian accident lawyer.
Our San Diego personal injury lawyer is 100% dedicated to protecting victims’ rights. We will provide you a clear plan to recover financial compensation for your medical bills, lost wages, and more. We are available 24/7 to discuss your legal options in a free, no-risk consultation in person or by phone. Call us at (619) 639-9063 to speak with an experienced attorney today.
We represent victims of pedestrian-auto collisions throughout San Diego County, including El Cajon, Chula Vista, Carlsbad, and Oceanside.
No Win. No Fee. Guaranteed.
We always work hard to receive a favorable outcome for our clients. As part of our contingency fee arrangement, clients are not required to pay any upfront legal fees until we win your case and you receive a settlement. Learn more in a 100% free consultation.
CALL NOWOther Practice Areas We Specialize In
Why Hire Daniel Kim?
Daniel Kim is a top-rated pedestrian accident attorney serving beautiful San Diego, California. With several years of experience representing accident victims, Daniel understands the pain and hardship that follows an accident. When the accident wasn’t your fault, the frustration and stress can be exponentially greater. At The Law Offices of Daniel Kim, we wish to lighten your stress load by providing you with exceptional legal service at no upfront cost. More about our law firm:
- Over $250,000,000 Recovered
- 99% Success Rate
- Over 40 Awards and Accolades
- A+ Rating From the BBB
- Robust Staff Available 24/7
- We Always Fight For Maximum Compensation
- We Never Represent The Insurance Company
When you work with our reliable team in San Diego, you will receive constant updates about your case and a realistic timeline. You can rest and recover knowing we have your best interests in mind. Request your free consultation today.
What Should You Do After a Pedestrian Accident?
If you are involved in a San Diego pedestrian accident, the first thing you should do is check yourself and anyone else involved in the accident for injuries. If anyone is injured, call for emergency medical assistance right away.
Here are some other important steps you should take after a collision:
Call the police: Even if there are no injuries, it is important to call the police to report the accident. They will come to the scene of the accident, investigate what happened, and create an official police report.
Exchange information: Exchange contact and insurance information with the other parties involved in the accident, including the driver of the vehicle.
Document the scene: Take pictures of the accident scene, including any damage to the vehicle or injuries. This can help with providing evidence in an insurance claim.
Talk to eyewitnesses: If there are any witnesses, talk to them and get their contact information.
Seek medical attention: Even if you feel fine, it is important to seek medical treatment. Some injuries may not become apparent but can cause serious complications if left untreated.
Contact a pedestrian accident lawyer in San Diego: If you have been injured in an accident, it’s a good idea to speak with a personal injury lawyer who can help you understand your legal options.
Do not discuss fault at the accident or without an attorney present, as this can hurt your chances of receiving fair compensation from the insurance company.
Is It Worth Getting a Pedestrian Accident Lawyer?
Getting into an accident, especially involving a pedestrian and a car, is a traumatic experience no one should have to go through. The initial shock, pain, and confusion can last for days or even weeks following an accident. After you seek medical attention, it is worth reaching out to an experienced pedestrian lawyer who can help you fight for justice. Working with our top San Diego lawyers who have represented injury victims means you will have the best shot at recovering compensation and peace of mind. Your physical, emotional, and mental well-being is very important to us, which means our team will connect you with the top physicians, chiropractors, and physical therapists in San Diego to make sure you receive the best treatment possible.
Another great reason to hire a lawyer is you won’t have to deal with the insurance company yourself. Insurance adjusters will use various deceitful tactics to close your claim quickly and for little as possible. We have witnessed countless times how insurers take advantage of accident victims in their vulnerable state. Our legal team is trained to handle the insurance company and knows how to negotiate a fair greater settlement.
Injured pedestrians should not wait too long to hire a lawyer and file a claim. According to California law, personal injury victims only have two years from the date of their accident to file a claim. Therefore, time is of the essence. To get started, contact us for a free, no-obligation consultation.
How Much Is My Pedestrian Accident Claim Worth?
The value of a pedestrian accident case will vary depending on a number of factors, including the severity of the injuries, the impact of the injuries on the victim’s life, and the liability of the other party. Some of the damages that may be recovered in a claim include:
- Medical expenses
– All past and future medical bills, hospital stays, doctor visits, surgeries, medication, and rehabilitation
- Lost income
– Any work that was missed and not paid out while recovering from the injuries
- Loss of future earnings
– Debilitating injuries that prevent victims from working or limit the type of work they can do
- Property damage
– Any personal property damage from the accident
- Pain and suffering
– Ongoing physical and emotional pain caused by the accident and resulting injuries
- Loss of enjoyment of life
– A serious injury can affect the victim’s quality of life
- Wrongful death
– When a pedestrian dies in an accident, the surviving family members can recover funeral expenses, medical bills, and lost wages from the deceased
After evaluating the circumstances surrounding your accident, an attorney can give you a potential value of your claim. If you’re interested in determining how much your case is worth, consult with a pedestrian accident attorney as soon as possible.
What Are the Main Causes of Pedestrian Accidents?
Pedestrian accidents are unfortunately not uncommon in San Diego, as the city has a large population and a lot of pedestrian traffic. After Los Angeles County, San Diego County has the most pedestrian collisions in California. From 2017 to 2021, there were 5,275 pedestrian collisions resulting in 449 fatalities. Many of these accidents are caused by a careless, reckless, or negligent driver.
Some of the main causes of pedestrian accident cases in San Diego include:
Distracted Driving
Distracted driving is a major cause of motor vehicle accidents in San Diego, as drivers may not be paying attention to the road and may not see pedestrians in time to avoid a collision.
Speeding
Speeding is another factor that contributes to serious accidents, as drivers who are traveling too fast may not be able to stop in time to avoid hitting a pedestrian. The speed limit on most California highways is 65 miles per hour.
Poor Visibility
Poor lighting in some areas of San Diego can make it difficult for drivers to see pedestrians, especially at night.
Drunk Driving
DUI is also a significant factor in collisions, as drivers have impaired judgment and slower reaction times, making it more likely that they will hit pedestrians.
Failure to Yield
Pedestrians always have the right of way at unmarked and marked crosswalks and intersections. A driver who does not yield to pedestrians at a crosswalk will be at fault.
Parking Lot Accidents
Pedestrian accidents can occur when a driver is backing out and hits someone, whether it is due to the pedestrian being in a blind spot or the driver’s negligence. These types of accidents commonly happen in driveways or parking lots, particularly involving small children.
Are Pedestrians Ever At Fault?
In order to file a successful accident injury claim in California, the plaintiff must prove that the defendant acted negligently and caused the accident and resulting injuries. The process of determining negligence in a pedestrian accident case involves these four elements:
- Duty of care:
The driver had a legal duty to exercise reasonable care to avoid injuring the pedestrian.
- Breach of duty
: The driver breached their duty of care by driving recklessly or failing to take appropriate precautions to avoid hitting the pedestrian.
- Causation:
The driver’s breach of duty directly caused the pedestrian’s injuries.
- Damages:
The pedestrian suffered monetary damages, such as medical bills, lost wages, and pain and suffering, as a result of the accident.
While pedestrians are far more vulnerable on the road than drivers, they can sometimes be found at fault in certain situations. For example, if a pedestrian was jaywalking or crossing the street outside of a designated crosswalk, they may be found partially at fault for the accident. Additionally, if a pedestrian was under the influence of drugs or alcohol or engaging in reckless behavior, like running across a busy street, they may be found at fault.
In California, even if the pedestrian is found partially at fault, he or she can still file a claim and recover damages under the state’s pure comparative negligence rule. Under this law, damages are given based on the percentage of fault assigned to each party. For example, if the plaintiff is found to be 25% at fault for an accident and the other party is found to be 75% at fault, the plaintiff can still recover 75% of their damages from the other party.
Understanding comparative negligence can be confusing. Consult with an experienced personal injury attorney in San Diego who can provide guidance on your case.
San Diego Pedestrian Laws and “The-Right-of-Way”
The general laws and regulations when it comes to pedestrians’ rights can be found here. In short, the rules are as follows:
- When pedestrians are present, drivers are required to exercise caution.
- Drivers cannot drive on sidewalks.
- Traffic signs must be obeyed.
- Drivers cannot stop in the middle of a crosswalk.
- Pedestrians always have the right-of-way at crosswalks.
This is a summarized overview of laws. For a stronger understanding, consult with an experienced personal injury attorney. The Law Offices of Daniel Kim specializes in all automotive-related accidents. Additionally, we are well-versed in California’s traffic laws and rules of the road.
What Are the Most Common Pedestrian Accident Injuries?
In a traffic accident, pedestrians are at a disadvantage because they are unprotected. Because of their exposed nature, pedestrian accident victims often suffer serious injuries. The severity of the injuries depends on a number of factors, including the speed of the vehicle, the age and physical condition of the pedestrian, and the type of impact.
Some of the most common pedestrian injuries include:
- Cuts and bruises:
Pedestrian victims may suffer cuts, bruises, and other minor injuries as a result of being hit by a car or thrown to the ground.
- Broken bones:
Pedestrians who are struck by a car may suffer fractures or broken bones, particularly in the arms, legs, and pelvis.
- Soft tissue injuries:
Pedestrians may suffer soft tissue injuries, such as sprains and strains, as a result of being hit by a car.
- Traumatic brain injuries:
Pedestrians lack any protection on the road. When hit by a car, they may suffer from traumatic brain injuries (TBI), which can range from mild concussions to severe brain damage.
- Spinal cord injuries:
Pedestrian accidents can also cause back injuries, which can result in paralysis or other long-term disabilities.
- Internal injuries:
Pedestrians who are hit by a car may also suffer internal injuries, such as damage to internal organs or internal bleeding.
- Amputation:
Pedestrians may lose a limb at the site of the accident or later in surgery if the injury cannot be repaired. Extensive physical therapy is necessary after this type of injury.
- Emotional and psychological trauma:
Not all pedestrian injuries are physical. Victims can experience emotional distress following an accident.
- Wrongful death:
Families of a pedestrian killed by an at-fault driver can file a wrongful death lawsuit to recover compensation for burial expenses, medical bills, and lost income.
San Diego Pedestrian Accident Statistics
Sunny San Diego is seeing an increase in pedestrians and bicyclists, but that means a higher rate of accidents and, unfortunately, tragic losses. In 2021, there were 294 people killed in traffic accidents in San Diego, including pedestrians and cyclists. Even one pedestrian fatality is one too many, and efforts continue to be made to reduce these incidents.
The City of San Diego and local organizations have implemented various initiatives to increase pedestrian safety, such as increasing crosswalk visibility, adding more marked pedestrian crossings, and installing pedestrian countdown signals at intersections. Additionally, the city has implemented Vision Zero, a comprehensive strategy that aims to eliminate traffic fatalities and severe injuries in San Diego by 2025.
Dangerous Roads and Intersections
According to the California Highway Patrol’s collected data, heavily populated areas are more prone to pedestrian accidents. This explains why bustling San Diego neighborhoods like Downtown San Diego, Pacific Beach, and Hillcrest experience a higher number of pedestrian accidents.
The following are the most dangerous roads and intersections in San Diego, CA:
El Cajon Blvd.
University Ave.
Market St.
University Ave. and 1st. Ave.
Valley Pkwy. and Midway Ave.
Linda Vista Rd. and Ulric St.
4th Ave. and C St.
Federal Blvd. and Euclid Ave.
El Cajon Blvd. and Altadena Ave.
Camino Del Rio and Sports Arena Blvd.
University Ave. and Estrella Ave.
University Ae. and 44th St.
University Ave. and Fairmount Ave.
Clairemont Mesa Blvd. and Ruffner St.
I-5
SR-76
Contact The Law Offices of Daniel Kim Today
If you have been injured in an accident, it’s important to understand that you have legal rights. Contact a trusted San Diego pedestrian accident lawyer to ensure you are properly compensated for your injuries and hold the at-fault driver accountable. Car accident lawyer Daniel Kim specializes in pedestrian accident cases and maintains a 99% success rate.
There are no upfront legal fees associated with our services, and we provide free case evaluation to get started. To learn more about Daniel Kim and his services, call our San Diego law office today.
Our law firm handles a variety of personal injury cases. We serve clients from nearby neighborhoods and communities to the surrounding cities of San Diego County including Balboa Park, Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Jolla, La Mesa, Lemon Grove, Mira Mesa, Mission Beach, Mission Valley, National City, Oceanside, Pacific Beach, Point Loma, Poway, San Marcos, Santee, Solana Beach, Torrey Pines, and Vista.
Car Accident Lawyer Daniel Kim
Address: 1111 Sixth Avenue, Suite 231 San Diego, CA 92101
Phone: (619) 639-9063
Our personal injury law firm is located near House of Blues San Diego and easily accessible by the San Diego Trolley at 5th Avenue.