Unlike driving in a vehicle with safety features like seatbelts and airbags, pedestrians do not have access to the same benefits and as such are highly vulnerable to accidents. If you or a loved one has been involved in a pedestrian accident in San Diego, it’s essential to understand your legal rights.
At the Hulburt Law Firm, we are dedicated to providing expert legal representation for pedestrian accident victims. Our attorneys have extensive experience handling pedestrian accident cases and can ensure you receive the compensation you deserve.
California roads are the 3rd deadliest in the United States for pedestrians.*
Throughout the process, we keep you informed, answer any questions you may have, and provide ongoing support. We limit the number of cases we take on so that we can dedicate the time and attention needed for each case.
With the Hulburt Law Firm by your side, you can focus on your recovery while knowing that your legal claims are being taken care of. If you or a loved one has been involved in a pedestrian accident, contact us today for a free case review.
Our attorneys have a proven track record of achieving extraordinary results.
A sudden tire failure caused an SUV to fishtail and crash, killing a beloved husband and father.
An improperly installed gate fell on a construction worker, killing him.
A concrete block wall fell on a construction worker, killing him.
A tour bus struck a man while he was crossing the street in a marked crosswalk.
A tour bus struck a woman while she was lawfully using the crosswalk.
Concrete workers left unsecured plywood over a second-story gap. A framer stepped on the plywood and fell through the gap.
During your free case review, we listen to your story, collect preliminary information, and provide an honest evaluation of your case’s strengths and potential challenges.
Once the scope of work is signed, our team gets to work conducting a thorough investigation to build a strong foundation for your case including accident scene examinations, reviewing police reports and surveillance footage, and interviewing witnesses.
To strengthen your case, our firm collaborates with experts, including accident reconstructionists, medical professionals, and economists in order to recreate the accident scenario, provide detailed assessments of your injuries and necessary treatments, and calculate the full extent of your financial losses.
Based on our investigation and expert collaboration, we develop a tailored legal strategy involving identifying all liable parties, determining claims, and calculating damages.
We are skilled negotiators committed to securing a fair settlement. During negotiations with insurance companies and opposing parties, we present a strong, evidence-backed case, counter attempts to undervalue your claim, and advocate for the compensation you deserve.
If a fair settlement cannot be reached, we take your case to court. Our trial attorneys have extensive courtroom experience and are skilled at telling your story, presenting evidence and expert testimony, cross-examining witnesses, and making compelling arguments to the judge and jury.
If you’re involved in a pedestrian accident in California, it’s important to understand the basic legal principles that govern these cases. See several key points below to help you navigate the aftermath of a pedestrian accident.
You may be eligible for various types of compensation, including:
Understanding common causes of pedestrian accidents can help in building a strong case:
The Hulburt Law Firm is here to provide expert legal representation and guide you through every step of the process. Contact us for a free consultation.
Forget surface-level research and mediocre inquiries. We dive deep to conduct extensive investigations and gather evidence in order to build your strongest case.
We use technology to your advantage. By using video and photography, scene recreations, and graphics, we tell your story in a visually-compelling way that other law firms cannot match.
Defense attorneys and insurance companies know us and respect us. We assess the full extent of your damages and pursue all responsible parties in order to maximize the compensation you deserve.
Catastrophic injury and wrongful death cases are rarely simple. We have taken on the largest corporations, insurance companies, and defense firms in the country and won.
We understand how important it is to have a compassionate and considerate lawyer. From providing regular case updates to ensuring clients are adequately prepared for each step of the case, we continually demonstrate our care for all of our clients.
If you or a loved one has been involved in a pedestrian accident, it’s important to take the following steps:
You may have a valid case if:
An attorney can help evaluate the specifics of your situation and determine the viability of your case.
Potentially liable parties can include:
You may be eligible for various types of compensation, including:
Key evidence includes:
The duration varies based on the complexity of the case, the severity of the injuries, and whether a settlement is reached or the case goes to trial. It can take several months to a few years.
While it’s possible to file a claim without an attorney, having an experienced personal injury lawyer is highly recommended. An attorney can help:
We work on a contingency fee basis, meaning you pay no upfront fees and no legal fees unless we win your case. This arrangement ensures that you can access high-quality legal representation without financial strain.
Yes, California follows a pure comparative negligence rule, meaning you can still recover damages even if you were partially at fault. However, your compensation will be reduced by your percentage of fault.
Most pedestrian accident cases are settled out of court through negotiations. However, if a fair settlement cannot be reached, your attorney may advise taking the case to trial to secure the compensation you deserve.
If a loved one is involved in a fatal pedestrian accident in California, the family members can pursue wrongful death and survival claims against the responsible parties.
Wrongful Death Claim
A wrongful death claim is filed by the family members of someone who died because of the negligence or wrongdoing of another party. Wrongful death claims allow family members to seek compensation for the death of their loved one.
Wrongful death damages include compensation for the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support. They also include compensation for the loss of financial support, household services, and funeral expenses.
Survival Claim
A survival claim allows family members to pursue damages on behalf of the deceased person’s estate. A survival claim focuses on damages suffered by the deceased person before they died. For example, a survival claim may seek damage for the deceased person’s pre-death pain and suffering, and punitive damages for egregious negligence or recklessness.
The Hulburt Law Firm specializes in catastrophic injury and wrongful death cases. Our attorneys have helped spouses, parents, children, and siblings recover maximum compensation for the loss of their loved ones. Contact us for a free consultation.
Determining liability in a pedestrian accident depends on the specific circumstances of the incident. Various parties may be held liable, including:
Negligent Drivers
Most pedestrian accidents are caused by a negligent driver. Speeding, distracted driving, texting while driving, running a red light or stop sign, driving under the influence of alcohol or drugs, or failing to yield the right of way can all lead to accidents. Unfortunately, the negligent driver is often underinsured to compensate the victim for serious injuries. For example, if the negligent driver only has the $15,000 in liability coverage, this will not come close to compensating a person who suffers a brain injury.
Employers
If a pedestrian accident involves a commercial vehicle, such as a delivery truck or company car, the driver’s employer may be held liable. This is called vicarious liability. For example, if a FedEx delivery driver was texting and caused an accident, then FedEx would be responsible.
Vehicle Owners
If the negligent driver was operating a vehicle owned by someone else, the vehicle owner may be liable for negligent entrustment. This applies if the owner knew or should have known that the driver was unfit to operate the vehicle safely. For example, a parent who allows a child with a history of reckless driving to use the parent’s car can be held responsible for an accident.
Property Owners
Property owners or managers may be liable for pedestrian accidents if hazardous conditions on their premises contribute to the incident. This could include poorly maintained sidewalks, inadequate lighting, or other hazards that create an unreasonable risk to pedestrians.
Government Entities
Government agencies responsible for road maintenance and traffic control may be liable for pedestrian accidents if their negligence contributes to the incident. This could include failing to repair dangerous road conditions, improperly designed intersections, or inadequate signage or signals.
At the Hulburt Law Firm, our attorneys have sued all of these potentially responsible parties. By pursuing all responsible parties, we have recovered millions of dollars for our clients even where the negligent driver only had minimal insurance.
Yes, it’s possible to receive compensation for a pedestrian accident in California even if you were partially at fault. California follows a pure comparative fault rule. Under this rule, your compensation is reduced by your percentage of fault for the accident.
For example, if a jury found you to be 10% at fault for the accident and the total damages were $1,000,000, your compensation would be reduced by 10%. This would leave you with $900,000 ($1,000,000 - 10% = $900,000).
Determining fault in a pedestrian accident can be complex, and insurance companies often try to minimize their liability by assigning a higher percentage of fault to you. Evidence like witness statements, police reports, and photographs are essential to support your claim.
In California, drivers are required to carry minimum auto insurance liability coverage to operate a vehicle. The minimum requirements are:
Bodily Injury Liability Coverage
$15,000 per person for bodily injury or death
$30,000 per accident for bodily injury or death to multiple persons
Property Damage Liability Coverage
$5,000 per accident for property damage
This coverage is abbreviated as 15/30/5. These minimum liability limits provide compensation to accident victims for their bodily injuries or property damage.
These minimums are often insufficient to cover serious injuries resulting from a pedestrian accident. Many drivers opt to purchase higher coverage limits to provide greater financial protection.
At the Hulburt Law Firm, one of the first things we do is request the responsible parties’ insurance information.
Some of the key laws aimed at safeguarding pedestrians in California include:
Right-of-Way Laws
California law mandates that drivers must yield the right-of-way to pedestrians in crosswalks and at intersections, whether or not the intersection is marked. This means that pedestrians have the legal right to cross the street safely within designated crosswalks, and drivers must stop and allow them to do so.
Pedestrian Signals
Pedestrian signals, such as walk/don't walk signs and countdown timers, are used to regulate pedestrian crossings at intersections. Pedestrians are required to follow the signals indicating when it is safe to cross the street, while drivers must yield to pedestrians when the walk signal is illuminated.
Crosswalk Laws
In California, all intersections are considered legal crosswalks, whether marked or unmarked. Drivers must yield to pedestrians crossing the street within these crosswalks, and pedestrians are encouraged to use crosswalks whenever possible to increase safety.
Speed Limits and School Zones
California sets speed limits in areas frequented by pedestrians, such as residential neighborhoods and school zones, to reduce the risk of pedestrian accidents. Reduced speed limits help increase reaction time for drivers and decrease the severity of injuries in the event of a collision.
Distracted Driving Laws
California prohibits drivers from using handheld electronic devices, such as cell phones, while operating a motor vehicle. Distracted driving laws help minimize the risk of pedestrian accidents caused by driver distraction and inattention.
Safe Passing Laws
California requires drivers to maintain a safe distance from pedestrians, bicyclists, and other vulnerable road users when passing them on the roadway. This includes leaving at least three feet of space when passing a pedestrian or cyclist.
Vulnerable Road User Laws
California law imposes enhanced penalties on drivers who commit traffic violations that result in injury or death to vulnerable road users, including pedestrians, bicyclists, and wheelchair users.
Health insurance liens arise when your health insurance provider has covered medical expenses related to your injuries caused by another’s negligence. Health insurers seek reimbursement from your lawsuit recovery for the medical expenses they paid.
Medical Treatment Coverage
Health insurance (whether private, Medi-Cal, or Medicare) usually covers medical expenses related to treatment for injuries suffered in a pedestrian accident. This coverage may include hospital bills, doctor’s visits, surgeries, medications, rehabilitation, and other services.
Reimbursement Rights
Health insurance companies include clauses in their policies that grant them reimbursement rights. In pedestrian accident cases, this includes reimbursement from any settlement or judgment received by the injured person.
Notification
Once the health insurance company learns that your injuries were caused by a third party’s negligence, they assert their reimbursement rights with a notice of lien letter. This notice informs you that the health insurance company has a claim on your settlement or judgment for the medical expenses they covered.
Negotiation
Your pedestrian accident attorney negotiates with the health insurance company to reduce the amount of the lien. There are a number of negotiation techniques for achieving a significant lien reduction.
Lien Satisfaction
Once a settlement or judgment is reached in the pedestrian accident case, the injured person’s attorney must ensure that the health insurance lien is paid.
Pedestrian accidents can result in a wide range of injuries, depending on the speed of the vehicle, the point of impact, and other factors. Some common injuries sustained in pedestrian accidents include:
Fractures and Broken Bones
Pedestrians may suffer fractures or broken bones in the arms, legs, hips, pelvis, or spine due to the impact with the vehicle or the ground.
Head Injuries
Head injuries are common in pedestrian accidents, especially if the pedestrian strikes their head on the vehicle, the pavement, or another object. These injuries can range from concussions and skull fractures to traumatic brain injuries (TBIs), which can have long-term consequences.
Spinal Cord Injuries
Injuries to the spinal cord can result in partial or complete paralysis, affecting motor function, sensation, and bodily control. Spinal cord injuries can have profound and life-altering consequences for the victim.
Facial Injuries
Pedestrians may suffer facial injuries such as cuts, bruises, fractures, or dental injuries due to the impact with the vehicle or the pavement. These injuries can cause disfigurement and may require surgical intervention.
Internal Injuries
The force of impact in a pedestrian accident can cause internal injuries, including damage to organs such as the liver, spleen, kidneys, or lungs. Internal bleeding and organ damage can be life-threatening and may require immediate medical attention.
Soft Tissue Injuries
Pedestrians may suffer soft tissue injuries such as sprains, strains, bruises, and lacerations. These injuries can cause significant pain and discomfort and may require medical treatment and rehabilitation.
Psychological Trauma
Being involved in a pedestrian accident can be a traumatic experience, leading to psychological injuries such as post-traumatic stress disorder (PTSD), anxiety, depression, or phobias. These emotional injuries can have a significant impact on the victim's quality of life and may require counseling or therapy.
Some of the most frequent causes of pedestrian accidents include:
Distracted Driving
Drivers who are distracted by activities such as texting, talking on the phone, eating, or adjusting the radio are less likely to notice pedestrians crossing the street or walking along the road.
Speeding
Speeding reduces a driver’s reaction time and ability to stop quickly, making it more difficult to avoid pedestrians, especially in areas with heavy foot traffic or limited visibility.
Failure to Yield
Drivers may fail to yield the right-of-way to pedestrians at crosswalks, intersections, or when making turns, putting pedestrians at risk of being struck.
Impaired Driving
Alcohol, drugs, and certain medications can impair a driver’s judgment, coordination, and reaction time, increasing the likelihood of pedestrian accidents.
Poor Visibility
Low light conditions, inclement weather, and obstructed views can make it difficult for drivers to see pedestrians, particularly at night or in areas with inadequate lighting or signage.
Drowsy Driving
Fatigued drivers may have slower reaction times and impaired judgment, increasing the risk of pedestrian accidents, particularly on long stretches of road or during late-night hours.
Backing Accidents
Drivers backing out of driveways, parking spaces, or alleys may not see pedestrians behind their vehicles, especially children or individuals in low-visibility areas.
Failure to Obey Traffic Laws
Drivers who disregard traffic signals, signs, and laws are more likely to be involved in accidents.
Investigating a vehicle versus pedestrian accident involves a meticulous process aimed at determining the sequence of events leading to the incident and identifying factors contributing to it. Here are the typical steps involved in such an investigation:
Scene Examination
Investigators visit the accident site to document the scene's conditions, such as lighting, weather, road layout, and visibility. They also gather physical evidence, such as skid marks, debris, and vehicle positions, to reconstruct the accident.
Witness Interviews
Eyewitness testimony can provide valuable insights into the circumstances surrounding the accident. Investigators interview pedestrians, motorists, and any other witnesses to gather information about what they saw or heard leading up to the collision.
Driver Interviews
If the driver involved in the accident is available, investigators interview them to ascertain their account of the events leading up to the collision. This includes questions about speed, visibility, distractions, and any actions taken to avoid the pedestrian.
Vehicle Examination
The vehicle(s) involved in the accident are inspected for any mechanical issues or defects that may have contributed to the collision. This includes examining brakes, lights, tires, and other components for malfunctions or failures.
Traffic and Surveillance Cameras
Investigators review footage from traffic cameras, nearby businesses, or residences to capture the accident's moments or events leading up to it. This can provide additional context and evidence for the investigation.
Forensic Analysis
In some cases, forensic experts may be called upon to analyze the accident scene and vehicle damage to determine factors such as speed, point of impact, and the dynamics of the collision.
Medical Records
Investigators may review medical records of the pedestrian involved in the accident to understand the extent of their injuries and any pre-existing conditions that may have affected their ability to avoid the collision.
Legal Considerations
Investigators work in conjunction with law enforcement and legal authorities to gather evidence for potential criminal or civil proceedings. This may include determining if any traffic violations or negligence contributed to the accident.
Simply fill out the form or call 619.821.0500 to receive a free case review. We’ll evaluate what happened, your injuries, and potential defendants to determine how we can best help you.