pedestrian accident victims

Call (619) 432-5145 for a Free Case Evaluation

Pedestrian accidents often result in severe injuries and profound life changes. If you or a loved one has been struck by a vehicle in San Diego, securing an experienced pedestrian accident attorney is crucial to obtain the compensation you deserve. At Diana Legal, our dedicated pedestrian accident attorneys understand the physical, emotional, and financial challenges these incidents impose and we are here to support you every step of the way.

Why Choose Diana Legal for Your Pedestrian Accident Case?

Choosing the right personal injury attorneys after a pedestrian accident is important. At Diana Legal, we are committed to helping injured victims get the compensation they deserve.

  • Experienced Legal Team: We have experience handling personal injury and pedestrian accident cases.
  • Personalized Attention: Every case is different, and we take the time to understand your needs.
  • Local Knowledge: Based in San Diego, we know the local laws and how to navigate the legal system.
  • Strong Representation: We work hard to protect your rights and fight for the best outcome.

Pedestrian accident claims necessitate legal expertise and a thorough understanding of state and local traffic regulations. At Diana Legal, we are committed to holding negligent parties accountable and assisting victims in rebuilding their lives.

Steps to Take After a Pedestrian Accident

If you have been involved in a pedestrian accident in San Diego, it is essential to take certain steps to protect your rights and ensure you receive the compensation you deserve. Here are some steps to take after a pedestrian accident:

Collect Evidence and Witness Statements

Collecting evidence and witness statements is crucial in building a strong pedestrian accident case. This can include:

  • Taking photos of the accident scene, including any damage to vehicles or property.
  • Collecting witness statements, including contact information.
  • Obtaining a copy of the police report.
  • Preserving any physical evidence, such as clothing or personal items.

At Diana Legal, our experienced San Diego pedestrian accident lawyer can help you collect and preserve evidence, as well as identify and interview witnesses.

Seek Medical Treatment and Preserve Medical Records

Seeking medical treatment immediately after a pedestrian accident is essential for your health and well-being. It is also crucial for building a strong pedestrian accident case, as medical records can provide valuable evidence of your injuries.

At Diana Legal, our attorneys can help you navigate the medical system and ensure you receive the treatment you need. We can also help you preserve your medical records, including:

  • Obtaining copies of medical records and bills.
  • Documenting your treatment and recovery.
  • Identifying any long-term effects of your injuries.

By taking these steps, you can help ensure you receive the compensation you deserve for your pedestrian accident injuries. Contact Diana Legal today to schedule a free consultation with an experienced San Diego pedestrian accident lawyer.

pedestrian safety

Pedestrian Laws in California

California law provides specific protections for pedestrians while also outlining their responsibilities on public roads and sidewalks. Adhering to traffic laws is crucial to prevent pedestrian accidents and ensure safety.

Rights of Pedestrians

Under California Vehicle Code § 21950, drivers are required to yield the right-of-way to pedestrians crossing the roadway within any marked crosswalk or unmarked crosswalk at an intersection. This statute ensures pedestrians have legal protection when crossing streets lawfully.

Responsibilities of Pedestrians

Pedestrians must adhere to traffic signals, avoid jaywalking, and refrain from suddenly stepping off a curb or place of safety into the path of a vehicle that is close enough to constitute an immediate hazard.​

Driver Responsibilities

Drivers are obligated to exercise due care for the safety of pedestrians, particularly in areas with high foot traffic such as downtown San Diego, school zones, and near crosswalks. Negligent behaviors like failing to yield, speeding, or driving while distracted can lead to severe legal consequences. Identifying the at-fault driver is crucial in legal cases to determine liability and pursue compensation for the injured party.

Enforcement and Penalties

Violations of pedestrian right-of-way laws can result in fines, points on a driver’s license, and civil liability. In cases involving reckless driving or driving under the influence (DUI), criminal charges may also be pursued.

at fault driver

Common Causes of Pedestrian Accidents

Pedestrian accidents occur in San Diego frequently as a result of negligent or reckless actions by motorists and, in some cases, pedestrians. Common causes include:​

Distracted Driving

Distracted driving is one of the leading causes of pedestrian accidents. When motorists divert their attention from the road—whether by texting, talking on the phone, using navigation systems, adjusting the radio, eating, or engaging with passengers—they compromise their ability to detect and respond to pedestrians. Even a momentary lapse in attention can result in devastating consequences. If a pedestrian is injured due to a driver’s inattention, the motorist may be considered negligent and held legally responsible for the harm caused.

Excessive Speed

Driving at excessive speeds—either above posted limits or too fast for current road, traffic, or weather conditions—greatly reduces a driver’s ability to notice pedestrians, stop in time, or maneuver safely to avoid collisions. High-speed driving narrows the driver’s field of vision and extends stopping distances, making it significantly more dangerous for individuals crossing the road. When speeding contributes to a pedestrian injury, the driver may be liable for the resulting damages.

Failure to Yield the Right-of-Way

Pedestrians have the legal right-of-way in many situations, particularly at marked crosswalks, intersections, and school zones. Drivers who fail to yield as required by traffic laws—whether by ignoring stop signs, making turns without checking for pedestrians, or proceeding through crosswalks without stopping—are not only violating the law but also endangering lives. If a pedestrian is struck due to a driver’s failure to yield, the driver can be held legally accountable for the injuries sustained.​

Driving Under the Influence (DUI)

Operating a motor vehicle while under the influence of alcohol, illegal drugs, or even certain prescription medications is a serious criminal offense. Impaired drivers experience reduced motor coordination, slower reaction times, and impaired judgment—all of which drastically increase the likelihood of pedestrian accidents. Pedestrians are especially vulnerable, as they have no physical protection in the event of a collision. When a pedestrian is injured or killed by an impaired driver, the motorist can face both criminal charges and civil liability for damages, including medical expenses, pain and suffering, and lost wages.

Disregarding Traffic Signals

Traffic signals and signage exist to regulate the flow of vehicles and protect all road users, including pedestrians. When drivers run red lights, fail to stop at stop signs, or ignore pedestrian crossing signals, they violate traffic laws and place others in immediate danger. Pedestrians who are lawfully crossing at intersections or within crosswalks rely on drivers to obey these signals. Disregarding them not only increases the risk of serious injury but may also result in the driver being found negligent and financially responsible for any harm caused.

Low Visibility Conditions

Pedestrian accidents are significantly more likely to occur during periods of low visibility, such as nighttime, dawn or dusk, or during adverse weather conditions like rain, fog, or snow. These conditions can obscure a driver’s view of the road and make it more difficult to detect pedestrians—especially if individuals are wearing dark or non-reflective clothing.

While visibility challenges can contribute to accidents, drivers are still expected to exercise extra caution under such circumstances. This includes reducing speed, using headlights appropriately, and being particularly attentive in areas where pedestrian activity is common. Failure to adjust driving behavior in low visibility conditions may be considered negligent, and drivers who cause pedestrian injuries as a result can be held liable for damages.

most pedestrian accidents

Jaywalking

Pedestrians crossing streets outside of designated crosswalks or against traffic signals may contribute to accidents and can share liability under comparative negligence principles.​

Pedestrian Inattention

Engaging in distracting activities, such as texting or using headphones while crossing streets, can impede a pedestrian’s awareness and safety.​

Sudden Entry into Roadway

Pedestrians who abruptly step into traffic without providing drivers adequate time to react may bear partial responsibility for ensuing accidents.​

Driver Negligence and Distracted Driving

Driver negligence and distracted driving are leading causes of pedestrian accidents in San Diego. When a driver fails to exercise reasonable care while operating a vehicle, they put pedestrians at risk of serious injury or death. Distracted driving, in particular, has become a growing concern, as drivers increasingly use their cell phones and other electronic devices while behind the wheel.

If you or a loved one has been injured in a pedestrian accident caused by driver negligence or distracted driving, it is essential to seek the help of an experienced San Diego pedestrian accident lawyer. At Diana Legal, our dedicated attorneys have a proven track record of helping injured pedestrians recover compensation for their injuries.

The High Cost of Long-Term Treatment After a Pedestrian Accident

Collisions involving pedestrians often result in catastrophic injuries, including spinal cord damage, traumatic brain injuries, amputations, and multiple fractures. The severity of these injuries typically necessitates extensive, long-term medical care, encompassing rehabilitation, physical therapy, multiple surgeries, and continuous medical supervision. Medical bills from these treatments can add up quickly, creating a significant financial burden.

The financial burden associated with such ongoing care can be overwhelming, potentially jeopardizing a victim’s financial stability and overall quality of life. Pursuing a civil claim against the negligent party is not only a legal right but also a critical step toward securing the financial resources needed for recovery and future care.

fair compensation

Recoverable Damages in a Pedestrian Accident Claim

Under California personal injury law, injured pedestrians may be entitled to compensation for various economic and non-economic damages, including:​

  • Medical Expenses
    Coverage for past and future medical treatments, surgeries, hospital stays, prescription medications, rehabilitation, and assistive devices. Severe injuries, such as spinal cord injuries, often require costly long-term treatment and rehabilitation.​
  • Lost Wages and Earning Capacity
    Compensation for income lost during recovery and potential future earnings diminished due to permanent disability or inability to resume previous employment.​
  • Pain and Suffering
    Monetary damages for physical pain, emotional distress, and trauma resulting from the accident.​
  • Loss of Enjoyment of Life
    Compensation for the inability to engage in hobbies, recreational activities, or daily functions previously enjoyed.​
  • Loss of Consortium
    Damages awarded to a spouse or domestic partner for the loss of companionship, affection, and support due to the victim’s injuries.

At Diana Legal, we collaborate with medical professionals, economic experts, and life care planners to ensure that every element of your damages is fully documented and accounted for. Our goal is to secure the maximum compensation allowed under California law so you can focus on your recovery without financial strain.

pedestrian accident attorney

Contact Diana Legal now (619-432-5145) for a free consultation and case evaluation!

Seek Legal Guidance from Diana Legal

Choosing the right legal team is one of the most important decisions you’ll make after a pedestrian accident. Pedestrian accident victims in San Diego face severe impacts on their lives and finances, making legal representation crucial. At Diana Legal, we are proud to offer:

  • Compassionate, Client-Centered Representation: We prioritize your well-being and provide personalized legal support tailored to your unique situation.
  • Aggressive Legal Advocacy: Our attorneys are not afraid to take on insurance companies or litigate in court if it means securing the justice and compensation you deserve.
  • Transparent Communication: We keep you informed at every step of the legal process and are always available to answer your questions or concerns.

Time is of the essence. Evidence can be lost, memories can fade, and California’s statute of limitations places strict time limits on filing a claim. The sooner you consult with a qualified attorney, the better your chances of building a strong case.

Get a Free Case Evaluation Today

If you or a loved one has been injured in a pedestrian accident, don’t wait to take legal action. Contact Diana Legal today for a no-obligation, confidential case evaluation.

Call (619) 432-5145 or
Visit DianaLegal.com to schedule your free consultation.

We are here to stand by your side, fight for your rights, and help you obtain the justice and financial relief you need to move forward.

    Diana Legal