Clear Results With Gomez Trial Attorneys
Why Choose Us?
At Gomez Trial Attorneys, our unwavering dedication to our injured clients is evident in the over $500 million we have collected in verdicts and settlements over the past decade. Our skilled pedestrian accident attorneys have achieved numerous successful recoveries, including:
- A $5 million settlement for a child crossing the road
- A $4.5 million settlement for a pedestrian who suffered a brain injury
- A $1.7 million jury verdict for a pedestrian accident resulting in a back injury
These are just a few examples of the outstanding results our team has achieved for our clients. While each case is unique and there are no guarantees, we will work closely with you to understand the specific details of your case and develop a robust strategy for maximum recovery. Our comprehensive approach may include on-site accident scene visits, thorough document reviews, witness interviews, and the collection of evidence to support your claim.
In the heart of San Diego, our office is conveniently located at 655 West Broadway, Suite 1700, within walking distance of Waterfront Park, Seaport Village Shopping Mall, and the International Cruise Ship Terminal. If visiting our office is challenging for you, we are more than happy to meet you at your home, hospital, or any location of your choice. We understand the stress and challenges you may be facing after a pedestrian accident, and our goal is to alleviate as much of that stress as possible.
If you have suffered a pedestrian accident injury in San Diego, it is essential to explore all your legal options. That’s why we offer FREE initial consultations and case reviews. Contact the experienced San Diego pedestrian accident lawyers at Gomez Trial Attorneys today by calling (619) 237-3490. We are here to help you determine if you have the right to pursue substantial compensation.
Pedestrian Accidents in San Diego
On average, approximately 1000 pedestrians and cyclists are hit and injured each year in San Diego. Tragically, pedestrian accidents in San Diego County have seen a 20 percent increase since 2012, with fatalities nearly doubling. This alarming trend is a cause for concern among safety officials in San Diego, who are working diligently to reverse it over the next decade.
Certain neighborhoods in San Diego pose a higher risk to residents and pedestrians. Downtown, Southeastern, and City Heights are among the areas where residents and pedestrians are 10 times more likely to suffer injuries in pedestrian accidents.
In fact, a staggering 30 percent of all pedestrian accidents in the city occur in just eight key corridors:
- University Avenue
- El Cajon Boulevard
- Broadway
- Market St
- 5th Avenue
- Garnet Avenue
- Euclid Avenue
- Imperial Avenue
Pedestrian Accident Statistics in San Diego, CA
Source: www.ots.ca.gov
Proving Fault After a San Diego Pedestrian Accident
To receive full compensation for your damages, it is crucial to demonstrate that one or more parties were at fault for the accident. While establishing fault can be straightforward in some cases, it often becomes complicated, with the other party denying any responsibility. At Gomez Trial Attorneys, our skilled attorneys will guide you through the process of gathering evidence to build a strong argument against the appropriate parties.
Several parties may bear fault for pedestrian injuries, including:
Negligent Driver
If you were struck by a driver who was acting negligently, they should be held accountable for your injuries. Violating traffic laws or ordinances, such as speeding, distracted driving, or driving under the influence, is a common indicator of negligence. It’s worth noting that collisions between pedestrians and other vehicles, such as motorcycles or bicycles, can also result in injuries. Operators of these vehicles must adhere to traffic laws and maintain a reasonable standard of care to avoid being considered negligent.
Other Pedestrians
While the image of a car striking a pedestrian may come to mind when thinking of pedestrian accidents, it is possible that another pedestrian caused or contributed to your injuries. For example, another pedestrian might accidentally knock you to the ground, causing injury, or even push you into traffic, leading to a more severe collision with a vehicle. Determining responsibility in these scenarios can be complex, but our experienced attorneys are here to help navigate the legal process and protect your rights.
Local Government Entities
Pedestrian safety heavily relies on the infrastructure developed, constructed, and maintained by local governments. Elements such as sidewalks, crosswalks, traffic signals, and stop signs play a crucial role in controlling traffic flow. If any of these indicators are missing or damaged, local government entities, such as the City, County, or State, may be considered negligent in their duty to maintain safe conditions. If a poorly maintained fixture contributes to your accident, you may need to seek compensation from the appropriate government entity. Our skilled lawyers can guide you through the complex legal process involved in holding the government accountable for their negligence.
It is important to contact our San Diego pedestrian accident attorneys immediately, as an early investigation is key to obtaining evidence. Capturing the actual street conditions, lighting, stop signs, and traffic signals at the time of the crash is critical for building a strong case. Waiting too long may result in changing conditions that could weaken your case.
Collecting Compensation After a San Diego Pedestrian Accident
At Gomez Trial Attorneys, our dedicated team will thoroughly evaluate your injuries and the impact the accident has had on your life. Armed with this information, we will work with you to compile a comprehensive damages request that accounts for the physical and financial injuries you have suffered.
Common damages recovered after a pedestrian accident include:
- Medical expenses: This includes doctors’ and hospital bills, as well as estimated costs of future care and rehabilitation. Future expenses are particularly relevant in cases where the injuries will continue to impact your life, such as spinal cord injuries or traumatic brain injuries.
- Loss of income: Compensation for missed work due to your injuries, including future time off. Injuries that limit your ability to perform job functions or work full-time can also impact future earning potential, which should be considered in your damages claim.
- Property damage: Reimbursement for any damaged property, such as laptops or cell phones, that was harmed during the accident.
- Pain and suffering and emotional distress: Compensation for physical pain and emotional trauma resulting from the accident. This could include anxiety or post-traumatic stress disorder (PTSD).
- Loss of enjoyment: Compensation for the inability to engage in activities you previously enjoyed due to your injuries. For example, if you were an avid piano player but suffered a hand injury, this loss could be claimed.
- Punitive/exemplary damages: In certain cases where there is clear and convincing evidence of oppressive, fraudulent, or malicious behavior by the party at fault, punitive damages may be awarded. These damages are intended to punish the defendant rather than compensate the individual for their injuries.
While some damages are straightforward, others may require the expertise of professionals such as economists or medical experts to calculate accurately. At Gomez Trial Attorneys, we have a vast network of trusted experts who can provide the necessary credibility for these complicated damages claims.
Filing a San Diego Pedestrian Accident Lawsuit
Promptly filing your San Diego pedestrian accident lawsuit is crucial to protect your rights. Delaying the filing may result in the other party arguing that the statute of limitations has expired. In California, the statute of limitations for personal injury cases is two years, unless the injury was discovered later, in which case it is one year from the discovery date.
Even if you file the lawsuit promptly, the other party or their insurance provider may try to shift blame onto you or dispute the amount or type of damages you are claiming. It is common for the other party to present a settlement offer significantly lower than what you believe you are owed. Do not let them convince you to settle for less than what you deserve.
At Gomez Trial Attorneys, our experienced San Diego pedestrian accident team will evaluate your claims and provide a reasonable analysis of your damages, ensuring you are positioned strongly when negotiating a settlement. We will fight tirelessly to protect your rights and help you obtain the maximum compensation you are entitled to.
How Long Do I Have To File My San Diego Pedestrian Accident Claim?
It is important to file a personal injury claim promptly after your accident. In California, you have only two years from the date of your accident to file a claim.
Although two years may seem like a long time, consider the hurdles you may face during that period:
- Multiple surgeries
- Extended hospital stays
- Time in rehabilitation
- Time out of work
Each of these can cause significant financial burdens. Your focus should be on your physical and mental recovery, while we fight to secure the compensation you deserve. Filing a claim early allows our San Diego pedestrian accident lawyers to build a strong case while you focus on your recovery.
How Much is My San Diego Pedestrian Accident Case Worth?
Determining the exact value of your San Diego pedestrian accident case is impossible as each case is unique and may have different causes. However, we can provide a fair estimate based on evaluating your injuries, medical prognosis, and expected recovery time.
This estimate is crucial for negotiations with insurance companies. It ensures you do not settle for less than what your claim is truly worth, preventing you from shouldering the burden of medical expenses and lost income.
How Long Does a San Diego Pedestrian Accident Case Take?
The duration of a San Diego pedestrian accident case depends on various factors. Severe injuries typical in pedestrian accidents may require involvement from medical experts to fully understand your condition and its impact on your life. While this may slightly delay the process, it can also increase the potential compensation amount.
With the right legal team, San Diego pedestrian accident claims can be resolved efficiently. However, the complexity of injuries can extend the timeline, especially when significant financial recovery is at stake.
Types of Pedestrian Accident Injuries
Pedestrians are highly vulnerable in accidents involving vehicles due to their lack of protection. While cars are surrounded by rigid exteriors, pedestrians are fully exposed to larger and heavier objects. Pedestrians lack the safety gear afforded to motorcyclists and bicyclists, making them particularly susceptible to injuries.
Pedestrian accidents in the United States have been alarming, with 6,000 pedestrian deaths and nearly 129,000 pedestrian-related emergency department treatments in just one year, according to reports from the Centers for Disease Control and Prevention (CDC).
Common injuries suffered by pedestrians in accidents include:
- Head injuries: Falls or impact to the head can lead to contusions, lacerations, concussions, or severe brain damage.
- Brain injuries: Traumatic brain injuries are a major concern for pedestrian accident victims, potentially resulting in comas, vegetative states, or brain death.
- Spinal injuries: Damage to the spinal cord or nerves can cause permanent changes in strength, sensation, and other bodily functions, ranging from numbness to paralysis.
- Neck and back injuries: The neck and back often bear the brunt of pedestrian accident injuries, requiring extensive rehabilitation and physical therapy.
- Chest contusions: Impact on the chest can cause bruises and damage to internal organs, leading to injuries such as pulmonary contusions, myocardial contusions, cracked ribs, or pneumothorax.
- Broken bones and fractures: The force of the accident can cause broken bones and fractures, ranging from minor breaks to those requiring invasive surgery.
- Cuts, bruises, strains, and sprains: Although less severe, these injuries can limit mobility and daily activities.
If you are a pedestrian who has been injured in an accident, seek immediate medical attention to ensure proper diagnosis and treatment. Prompt medical care is not only essential for your health but also for collecting compensation. Be diligent in documenting the medical treatment and expenses associated with your injuries.
Common Causes of San Diego Pedestrian Accidents
San Diego pedestrian accidents often result from human error, with various potential causes, including:
- Failure to yield
- Speeding
- Distracted driving
- Texting while driving
- Poor road conditions
- Bad weather
Regardless of the cause, if you have been injured, the driver may be at fault. Given the severity of your injuries, it is crucial to have a trusted lawyer by your side, ensuring you do not bear significant financial burdens for injuries that were not your fault.
San Diego Pedestrian Accident Lawyers Frequently Asked Questions
Pedestrian accidents in San Diego are becoming increasingly common and fatal. As the population grows and more people take to the streets, drivers must not ignore the safety of pedestrians. California law explicitly states that drivers must yield to pedestrians in specific situations. Failing to notice a pedestrian in time can have devastating consequences.
If you or a loved one has suffered injuries in a pedestrian accident in San Diego, it is crucial to have an experienced San Diego pedestrian accident attorney fighting for your rights. You may be entitled to compensation to alleviate the financial burden of medical bills. Contact a lawyer today to learn about your next steps.
Can I Settle Without a San Diego Pedestrian Accident Lawyer?
It is not advisable to settle without legal representation. Insurance companies often exploit victims’ desire to move on quickly and minimize their financial obligation. However, accepting a quick settlement offer can leave you in significant financial hardship.
After your pedestrian accident, the at-fault driver’s insurance company may pressure you to accept a low settlement offer, claiming it is their best and final offer. Remember, the insurance company’s priority is to save money, not to adequately compensate you. By accepting their initial settlement, you may waive your right to bring future claims related to the accident. Later, when the settlement funds have run dry, you could be left with medical expenses and lost income.
Protect your rights by working with an aggressive legal advocate who knows how to combat the tactics of insurance companies. At Gomez Trial Attorneys, our extensive experience has shown that victims often obtain significantly larger settlements or awards with the help of a skilled lawyer.
What Happens If the At-Fault Driver Did Not Have Insurance?
San Diego is unfortunately home to uninsured and underinsured drivers. If you find yourself in this situation, you may be able to file a claim with your own insurance company. However, your coverage may be insufficient or may not apply to pedestrian injuries.
In such cases, a San Diego pedestrian accident attorney can assist you. We will review your insurance policy and the policy of the at-fault driver to explore other avenues for compensation. Our goal is to ensure you do not bear the financial burden for injuries caused by someone else’s negligence.
Will I Need to Go to Court For My San Diego Pedestrian Accident Case?
While many people prefer to avoid courtroom proceedings, the majority of personal injury cases settle outside of court, offering a quicker resolution. However, if the insurance company refuses to offer a fair and reasonable settlement, we may recommend taking your case to trial. This provides you with a greater chance of receiving the full compensation you deserve. We understand your desire to conclude your case promptly, but we are equally committed to ensuring you recover from your injuries without financial hardship.
Contact the San Diego Pedestrian Accident Lawyers at Gomez Trial Attorneys Today
At Gomez Trial Attorneys, we are a comprehensive law firm equipped with the resources necessary to handle complex pedestrian accident cases. Our legal center includes an on-site audiovisual and graphics department, a jury and trial consultant, a full courtroom for mock trials and focus groups, a video conferencing center, and a jury deliberation area. These resources, combined with our experienced team, allow us to develop effective strategies tailored to each client’s case.
We understand that working with a lawyer can be intimidating, especially when you are already dealing with the physical, emotional, and financial consequences of your injuries. That’s why we offer a free case evaluation to discuss the strength and merits of your case. Contact our San Diego pedestrian accident attorneys today or visit Garrity Traina for your free case evaluation.
Remember, time is of the essence. To protect your rights, it is crucial to seek legal counsel promptly and initiate the claims process as soon as possible. Let us fight for the compensation you deserve while you focus on your recovery.