Pedestrians have almost no protection when they are struck by a vehicle. A driver may walk away from the crash with little or no injury, while the person on foot is left with broken bones, head trauma, spinal injuries, internal injuries, surgery, long-term pain, or permanent limitations.
Phillips & Pelly represents pedestrians injured by negligent drivers throughout San Diego County. Since 1997, our attorneys have helped accident victims pursue compensation after serious crashes involving distracted drivers, speeding drivers, drunk drivers, rideshare vehicles, commercial vehicles, and drivers who failed to yield.
If you or someone you love was hit by a car while walking, our San Diego pedestrian accident lawyers can help you understand your rights, deal with the insurance company, and pursue the compensation you deserve.
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Most pedestrian accidents are preventable. They often happen because a driver failed to pay attention, failed to yield, or failed to drive safely for the conditions.
Common causes include distracted driving, speeding, failure to yield at crosswalks, left-turn and right-turn crashes, drunk or drug-impaired driving, rolling stops, unsafe backing, rideshare pickups and drop-offs, poor visibility, and aggressive driving.
Pedestrian crashes may happen in marked crosswalks, unmarked crosswalks at intersections, parking lots, school zones, residential neighborhoods, nightlife districts, tourist areas, and busy commercial corridors.
Many pedestrian accident cases involve crosswalks or intersections. A driver may fail to yield while turning, rush through a yellow light, roll through a stop sign, make a right turn without checking the crosswalk, or focus on other vehicles instead of people walking.
Crosswalk cases can be especially frustrating because the injured pedestrian may have done exactly what they were supposed to do. Even then, the insurance company may look for ways to blame the pedestrian.
Our team investigates whether the driver failed to yield, drove too fast, ignored a signal, turned unsafely, failed to keep a proper lookout, or violated other traffic safety rules.
Being outside a crosswalk does not automatically mean you have no case.
California pedestrian accident claims depend on the facts. A pedestrian may have duties when crossing outside a marked crosswalk, but drivers still have a duty to watch for people in the roadway and use reasonable care to avoid a collision.
Insurance companies often use the word “jaywalking” as if it ends the conversation. It does not. The real questions are more specific: Was the pedestrian visible? Was the driver speeding? Was the driver distracted? Was there enough time to stop? Were lighting, road design, or traffic conditions a factor? Did the driver fail to react reasonably?
Phillips & Pelly reviews these details carefully before accepting the insurance company’s version of fault.
Insurance companies often try to reduce pedestrian accident claims by shifting responsibility to the injured person.
They may argue that the pedestrian was distracted by a phone, crossed outside a marked crosswalk, walked against a signal, wore dark clothing, entered the road suddenly, had alcohol in their system, or waited too long to get medical care.
These arguments can reduce the amount an injured pedestrian recovers if they are not challenged with evidence.
Our attorneys work to preserve and review evidence that may include traffic camera footage, business surveillance video, dashcam footage, police reports, witness statements, medical records, scene photographs, vehicle damage, roadway design, lighting, and accident reconstruction when needed.
Pedestrian accidents often cause serious injuries because the person hit has no seatbelt, airbag, helmet, or vehicle frame for protection.
Common injuries include traumatic brain injuries, concussions, skull fractures, spinal cord injuries, herniated discs, broken legs, broken hips, pelvic fractures, shoulder injuries, knee injuries, internal bleeding, organ damage, severe abrasions, scarring, nerve damage, chronic pain, and psychological trauma after the crash.
Some injuries are obvious right away. Others become more serious in the days after the accident. That is why medical care is so important after a pedestrian crash, even if you think you may be able to “walk it off.”
When a pedestrian accident is fatal, the surviving family may have the right to bring a wrongful death claim.
A fatal pedestrian crash can leave a family facing funeral expenses, lost financial support, medical bills from emergency care, and the emotional loss of a spouse, parent, child, or loved one. No legal case can undo that loss, but a wrongful death claim can help families seek accountability and financial support after a preventable death.
Phillips & Pelly handles fatal accident cases with care, discretion, and urgency. Our attorneys can explain your family’s rights and help determine whether a wrongful death claim may be available.
Pedestrian accidents can happen anywhere, but some areas create greater risk because of traffic volume, speed, visibility, road design, nightlife activity, tourism, or heavy foot traffic.
In San Diego County, pedestrian crashes often occur near busy intersections, commercial corridors, freeway ramps, parking lots, beach communities, downtown nightlife areas, school zones, college areas, and neighborhoods where people walk near fast-moving traffic.
Areas such as Downtown San Diego, the Gaslamp Quarter, Pacific Beach, Mission Beach, Hillcrest, University Heights, La Jolla, Chula Vista, El Cajon, and the College Area can all present different pedestrian safety risks depending on the street, intersection, lighting, traffic flow, and driver behavior.
In some cases, road design or delayed safety improvements may contribute to the crash. Our attorneys review whether poor lighting, inadequate crossing time, obstructed visibility, missing signage, dangerous intersections, or prior complaints may have played a role.
After a pedestrian accident, your health comes first. Call 911, get medical attention, and follow your doctor’s instructions.
If you are able, try to document the scene. Photos of the vehicle, license plate, intersection, crosswalk, traffic signal, skid marks, visible injuries, lighting, and surrounding businesses may help later. Witness contact information can also be important, especially if the driver or insurance company disputes fault.
Avoid giving a recorded statement to the driver’s insurance company before you understand your rights. Insurance adjusters may ask questions that seem harmless but are designed to create fault arguments.
You should also speak with a pedestrian accident lawyer as soon as possible. Video footage can disappear quickly, witnesses can become harder to locate, and physical evidence can change or be cleaned up.
Phillips & Pelly has represented pedestrian accident victims throughout San Diego County, including cases involving pedestrians injured in marked crosswalks.
In one car-versus-pedestrian case, our client was lawfully crossing the street in a marked crosswalk when a vehicle failed to yield and struck him, causing an ankle fracture. Our firm recovered the full $250,000 available insurance policy limit.
In another crosswalk injury case, we secured the total available insurance policy limit for a pedestrian who suffered a significant ankle injury after being struck while crossing.
Every case is different, and past results do not guarantee future outcomes. These results reflect the importance of prompt investigation, careful case preparation, and identifying all available insurance coverage.
If you or someone you love was hit by a vehicle while walking in San Diego, Phillips & Pelly can help.
Call today for a free case evaluation. We will listen to what happened, explain your options, and help you understand the next best step.
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After a pedestrian accident, your health and safety come first. Move to a safe area if possible and seek medical attention right away, even if injuries seem minor. Call 911 to report the accident and request police assistance. Document the scene with photos, gather contact information from witnesses, and avoid making statements about fault. As soon as possible, contact an experienced San Diego pedestrian accident attorney to protect your rights and begin building your case.
Intersections along El Cajon Boulevard, University Avenue, and downtown corridors are among the most hazardous for pedestrians. Vision Zero San Diego and local law enforcement agencies regularly update high-risk locations, so it’s important to stay informed and take extra caution in these areas.
Source: San Diego Vision Zero
Yes. California’s comparative fault law allows injured pedestrians to pursue compensation even if they were partially responsible, such as jaywalking or failing to obey traffic signals. The compensation may be reduced in proportion to your degree of fault, but negligent drivers are still held accountable for their share of responsibility.
In most cases, you have two years from the date of the accident to file a personal injury lawsuit under California’s statute of limitations. If a government entity is involved (such as an accident caused by a city vehicle or at a poorly maintained crosswalk), you may have as little as six months to file a claim. It’s critical to speak with a lawyer as soon as possible to ensure important deadlines are met.
You may be eligible to recover compensation for medical bills, lost income, pain and suffering, rehabilitation costs, long-term care, and other accident-related expenses. A skilled attorney can help document your losses and pursue the maximum compensation available.
It’s generally best to consult with your attorney before speaking to insurance adjusters. Insurance companies often seek to minimize payouts or obtain statements that could be used against you. One of our attorney’s can communicate on your behalf and protect your interests throughout the claims process.
Tell us about your accident and your injuries. An injury lawyer from our team will call and provide you with a Free Evaluation of your Case. If we can help, and you are unable to travel, we will come to your home, office or hospital. It’s easy – let’s get started.
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