A significant part of our law practice involves representing Southern Californians who have suffered injuries as pedestrians in traffic accidents. Our recent case results involving injuries to pedestrians in traffic accidents include a $4.5 million settlement for a client who sustained a brain injury, and a $1.7 million jury verdict for a client who suffered a back injury.

Of course, we cannot guarantee that a client will recover compensation in any particular case. However, we can promise to commit our firm’s talents and resources to make sure our clients receive skilled, personalized legal representation aimed at serving their interests above all others.

FREQUENT FACTORS IN SOLANA BEACH PEDESTRIAN ACCIDENTS

According to the Centers for Disease Control and Prevention (CDC), a pedestrian dies in a traffic accident in the U.S. every 88 minutes. Per trip, pedestrians are 1.5 times more likely to die in a traffic-related crash than the occupants of any passenger vehicle.

California has seen a sharp increase in pedestrian accidents in recent years, with nearly 900 people killed and 14,000 injured each year by vehicles while walking. In fact, California has more pedestrian deaths than any other state in the nation, and a pedestrian fatality rate 25 percent higher than the national average.

Solana Beach pedestrian accidents frequently result from:

• Speeding: Speeding shrinks a driver’s window of opportunity to perceive a hazard and step on the brakes while increasing the amount of distance that the vehicle needs to come to a safe stop to avoid harming a Solana Beach pedestrian. Higher vehicle speeds increase the risk not only of having a collision with a pedestrian or other vehicle, but also the severity of the injuries sustained in the crash.
• Alcohol impairment: Many pedestrian accidents involve an alcohol-impaired driver. Alcohol use impairs the skills needed for safe driving. Some of those deficits include the ability to track a moving object, the response time needed to come to a safe stop, and the ability to perceive and respond to a pedestrian entering or walking along the road.
• Distractions: Drivers are prone to distractions such as texting or other cell phone use, talking to another person, or looking at something other than the road. Distractions take a driver’s focus away from safe driving and increase the risk of the driver not noticing a pedestrian entering the roadway.
• The type of vehicle: Studies have concluded that there is a correlation between the popularity of SUVs and the increase in pedestrian deaths. In fact, pedestrians struck by SUVs are two to three times more likely to die from their injuries than those who are struck by sedan-type vehicles. The increased risk is partially due to the higher front end and blunt nose of the SUV that causes the point of impact on the pedestrian to be higher on the body—in the head and chest area—rather than on the legs, where injuries—although severe—are less likely to be fatal. SUVs and pickup trucks account for a third of all pedestrian accidents and more than 40 percent of all pedestrian deaths.

The most common time for a pedestrian accident to occur is at night, when darkness makes it even more difficult for a driver to see someone walking on the roadway. Additionally, pedestrian accidents are more common in urban areas where there tends to be more motorized and foot traffic and more obstacles such as parked cars that can prevent a driver from seeing a pedestrian.

No matter how a Solana Beach pedestrian accident occurs, the team at Gomez Trial Attorneys has the experience to help the victim obtain compensation.

COMMON PEDESTRIAN ACCIDENT INJURIES

Solana Beach pedestrians risk suffering severe injuries in a traffic accident. An impact with a vehicle, a roadside object, or the road surface itself can inflict trauma that ends or permanently alters a victim’s life.

Some common Solana Beach pedestrian accident injuries include:

• Injuries to the lower extremities. For adults and larger children, the point of impact in a collision with a sedan-style vehicle is generally in the hip or leg area. Lower extremity injuries include broken bones in the legs, ankles, feet, pelvis, or hips as well as trauma to the ligaments and muscles, abrasions, and lacerations.
• Injuries to the head and face. This type of injury used to be primarily a result of the pedestrian being thrown onto the hood or against the windshield as a result of the force of the collision. However, the popularity of SUVs has caused the head and face to be among the point of initial impact in many accidents, particularly those that involve children or smaller adults. Traumatic brain injuries are among the most serious injuries an individual can suffer, leading to permanent disabilities or even death.
• Spinal cord injuries. The force of the collision can cause damage to the spinal column, including the spinal cord. Spinal cord injuries often result in loss of function and sensation (also known as paralysis) in areas below the site of the injury.
• Upper extremity injuries. As with injuries to the head and face, many upper extremity injuries are due to the point of impact in an accident involving a vehicle with a higher front end. This type of injury generally involves the chest, abdomen, and internal organs. Injuries to the arms and wrists are often a result of the body’s natural instinct to catch itself with the arms when falling.

At Gomez Trial Attorneys, we help Solana Beach pedestrian accident victims recover compensation for any kind of injury they have suffered.

NOT ALL PEDESTRIAN ACCIDENTS INVOLVE MOTOR VEHICLES

Although most Solana Beach pedestrian accidents involve a car or truck striking a pedestrian, that is not always the case.

Pedestrians can also suffer serious injuries on Solana Beach streets in:

• Slip/trip and fall accidents: Pedestrians can lose their footing because of the poor condition of sidewalks, crosswalks, and parking lots. Falling on a hard surface can inflict many of the severe injuries listed above.
• Bicycle accidents: Bicyclists in Solana Beach have an obligation to observe traffic laws in much the same way as motorists. Pedestrians can suffer severe injuries in a collision with a bicycle.

The team at Gomez Trial Attorneys has experience representing pedestrians who suffered injuries in all types of Solana Beach accidents and incidents.

COMPENSATION FOR SOLANA BEACH PEDESTRIAN ACCIDENT INJURIES

If you sustained injuries in a Solana Beach pedestrian accident caused by someone else’s careless, reckless, or intentional conduct, then you may have the right to recover substantial compensation through legal action. Every Solana Beach pedestrian accident has unique circumstances that determine the victim’s rights to receive money damages.

However, generally speaking, a pedestrian accident victim has legal rights to receive compensation from anyone who:

• Owed the victim a duty of care not to put the victim in unreasonable danger of harm;
• Breached the duty of care through an unreasonably dangerous decision or actions that put the victim in harm’s way; and
• Through those decisions or actions, caused the victim injuries and losses.

In a legal action against a person, company, or government agency that meets those criteria, the victim can often recover economic and non-economic damages.

Economic damages are out-of-pocket expenses that a victim incurs as a result of an injury, such as:

• Medical costs related to the injury, including emergency treatment at the scene of the accident, diagnostic testing, hospitalization, physician and surgical services, prescription medication, physical therapy, rehabilitation, and medical equipment like crutches, wheelchairs, and other assistive devices.
• Non-medical costs related to living with or adapting to the injury, such as the cost of household services that the victim hires to help with daily activities while recuperating.
• Past and future lost income and earning capacity caused by the injury, such as when a victim misses work while recuperating, or loses the ability to work because of a debilitating injury.

Non-economic damages account for the impact an injury has on a victim’s life, such as:

• Physical pain and suffering
• Emotional distress
• Diminished quality of life because of an injury
• Harm to personal relationships caused by an injury

There is no guarantee that a Solana Beach pedestrian accident victim will recover compensation through legal action. Every case has its particular strengths and weaknesses that influence its outcome. However, the most reliable way to give yourself the best chance of obtaining maximum compensation for injuries you suffered as a pedestrian is to hire skilled, experienced legal counsel—like the team at Gomez Trial Attorneys—to represent you as soon as possible after the accident.

DID THIS HAPPEN TO YOU IN SOLANA BEACH?

Solana Beach residents, workers, and visitors who suffer injuries in pedestrian accidents sometimes wonder if their injuries are their fault. At Gomez Trial Attorneys, we believe that no one should ever suffer injuries as a pedestrian, and that when injuries do happen, it is virtually never the pedestrian victim’s fault.

If any of the following scenarios apply to the pedestrian accident in Solana Beach that injured you or a loved one, then chances are high that you have rights to receive substantial compensation:

• The driver who hit you was engaged in dangerous driving behaviors such as speeding, texting, or alcohol use. These behaviors increase your risk of colliding with pedestrians or others on the road.
• The accident happened in a circumstance where the driver should have seen the pedestrian, or should have been taking extra care to keep an eye out for pedestrians, such as when driving between dusk and dawn, with the sun in the driver’s eyes, or in bad weather, as these conditions can make the pedestrian harder to see.
• If the accident involved a driver who drove through a crosswalk or intersection without appearing to slow down or to pay mind to the high likelihood that a pedestrian would be entering the roadway.
• If the vehicle involved failed to stop before entering a crosswalk, which can serve as a signal to other motorists approaching from behind and alongside the need to slow down for crossing pedestrians.
• If a vehicle struck you while backing up, which is a time when drivers must exercise extreme caution not to run into pedestrians.
• If the accident involved a vehicle passing a school bus, which is a driving situation in which all drivers should exercise extreme caution.

When Solana Beach pedestrian accident victims reach out to Gomez Trial Attorneys, we aim to reassure them that what happened to them was not their fault. Cars are not supposed to hit pedestrians, ever. Pedestrians have a right to expect that areas designated as safe for them around a road are, in fact, safe. In our experience, pedestrian accidents virtually always happen because someone other than the pedestrian made a dangerous choice that put the pedestrian in harm’s way.

SOLANA BEACH PEDESTRIAN ACCIDENT FAQ

Walking in Solana Beach is an environmentally friendly way to get around town and a great form of exercise. However, in Solana Beach and throughout California, pedestrians are at more risk of being injured in a traffic-related accident than ever before. According to the state’s Office of Traffic Safety, more than 800 pedestrians die each year in traffic-related incidents, and another 14,000 suffer injuries. More pedestrians die in California annually than in any other state in the nation. California’s pedestrian fatality rate is 25 percent above the national average.

If you suffered injuries or lost a loved one in a Solana Beach pedestrian accident, no doubt you have lots of questions about your legal rights. Below we answer some common questions our Solana Beach clients ask about pedestrian accidents. For answers to specific questions about a Solana Beach pedestrian accident that injured you or a loved one, contact us today for a free case evaluation.

CAN I SUE SOMEONE FOR MY PEDESTRIAN ACCIDENT INJURIES?

You probably can. If you were injured in a pedestrian accident caused by someone else’s careless, reckless, or intentionally-dangerous actions, then chances are you have legal rights to obtain compensation by taking legal action (or suing).

To get you money damages in a lawsuit, your lawyer usually must have evidence to prove that:

• Someone (an individual, a company, or a government agency) owed you a duty of care not to act in a way that put you in unreasonable danger;
• The party who owed you a duty of care breached it through unreasonably dangerous decisions or actions that put you in harm’s way; and
• The breach caused you to suffer an injury or other loss.

One of the most important jobs of a pedestrian accident injury lawyer is to examine the facts and circumstances of how a client suffered an injury so we can identify all of the parties that could meet the criteria above and face legal liability for damages.

Parties liable for causing a pedestrian accident in Solana Beach may include:

• Motorists and cyclists whose vehicle or bike strikes a pedestrian;
• Employers of motorists who strike a pedestrian with a work vehicle;
• Local and state government agencies responsible for designing, constructing, and maintaining safe road facilities for pedestrians; and
• Automotive manufacturers if their defective products lead to a vehicle losing control and striking a pedestrian.

These are just a few examples. Speak with an experienced Solana Beach pedestrian crash injury attorney as soon as possible to learn about your legal rights to seek compensation from at-fault parties.

ARE PEDESTRIAN ACCIDENTS ALWAYS SOMEONE ELSE’S FAULT?

Not always, but usually.

California law imposes responsibilities on pedestrians to take basic steps to protect themselves when walking along or across a street. However, motorists and others also must take care to keep pedestrians safe from harm. No motorist, for example, ever has the right to ignore a pedestrian in the roadway or to drive aggressively near a pedestrian.

Never let the fact that you might have done more to keep yourself safe as a pedestrian keep you from consulting with an experienced pedestrian accident injury attorney in Solana Beach. As a pedestrian, you have every right to expect that other road users will do their part to keep you safe.

WHAT DAMAGES CAN I RECOVER THROUGH A SOLANA BEACH PEDESTRIAN ACCIDENT LAWSUIT?

Every Solana Beach pedestrian accident case involves unique facts and circumstances that determine the types and amounts of damages an injured pedestrian might recover as compensation.

However, as a general proposition, California law allows for the recovery of both economic and non-economic damages in a Solana Beach pedestrian accident lawsuit.

Economic damages refer to the out-of-pocket expenses a victim incurs, such as:

• Medical expenses related to the injury, including emergency care, hospitalization, diagnostic testing, physician and surgical services, prescription medication, physical therapy, and rehabilitation;
• Non-medical expenses related to living with an injury, such as the cost of hiring someone to help with daily activities; and
• Past and future lost income resulting from missing work while recuperating, or suffering a disabling injury that prevents returning to work;

Non-economic damages refer to the impact that an injury has on a victim’s life, such as:

• Physical pain and suffering;
• Emotional distress;
• Harm to personal relationships; and
• Loss of enjoyment of life.

An experienced pedestrian accident injury attorney can evaluate your claim to determine your eligibility for compensation after suffering injuries in a Solana Beach pedestrian accident.

I WAS INJURED IN A HIT-AND-RUN PEDESTRIAN ACCIDENT. DO I STILL HAVE A CASE EVEN THOUGH THE DRIVER HASN’T BEEN FOUND?

Possibly. Talk to an experienced Solana Beach pedestrian accident injury lawyer.

Victims of hit-and-run pedestrian accidents may have the ability to claim compensation from their own insurance policies. They may also have the right to seek compensation from at-fault parties other than the hit-and-run driver.

Do not let the fact that you suffered pedestrian accident injuries in a Solana Beach hit-and-run keep you from consulting with an experienced lawyer about your rights to compensation.

LAWSUITS TAKE TIME AND MY MEDICAL BILLS ARE DUE NOW. CAN YOU HELP?

An experienced lawyer can often help Solana Beach pedestrian accident victims work with people they owe money to while the legal process takes its course. Tell your lawyer about any financial considerations that have impacted your life in the aftermath of your pedestrian accident.

MY LOVED ONE DIED FROM PEDESTRIAN ACCIDENT INJURIES. CAN I SUE?

Possibly, depending upon your relationship with the deceased. In California, surviving spouses and family members of victims of fatal pedestrian accidents may have the right to take legal action seeking damages for the victim’s wrongful death.

The damages that you may have the right to recover can include:

• The cost of funeral and burial or cremation;
• Loss of companionship; and
• Loss of the deceased’s income, in cases where the deceased is an adult.

Speak with an experienced lawyer right away if you have lost a loved one in a tragic Solana Beach pedestrian accident.

I WAS INJURED IN A PEDESTRIAN ACCIDENT MORE THAN TWO YEARS AGO. CAN I STILL FILE A LAWSUIT?

Possibly, but speak with an experienced lawyer right away. Typically, the statute of limitations in California for a Solana Beach pedestrian accident lawsuit is two years, which means after the victim must take legal action within that time period or risk losing the right to sue.

However, various factors can extend that time period, such as when:

• The injured party suffered mental or physical incapacitation due to the injury.
• The injured party was under the age of 18 when the accident occurred.
• The injured party did not know they were injured until some time after the accident.

Do not wait to speak with our Solana Beach pedestrian accident lawyers. You may have valuable legal rights, but you could lose them if you wait to take action.

WHAT IS THE AVERAGE COMPENSATION FOR A PEDESTRIAN ACCIDENT?

There is no average compensation for Solana Beach pedestrian accident injuries, because every case is unique.

Factors affecting the amount of compensation a victim might receive include:

• The amount of insurance that the at-fault party carries. Insurance policies are how most Solana Beach pedestrian accident claims are paid. The more insurance the at-fault party (or parties) carries, the greater the amount of money potentially available to the victim as compensation.
• Your age at the time of the accident. The age of the victim can affect calculations of lost wages and lost earning potential, which in turn affect the amount of money a victim may receive as damages.
• Your overall health at the time of the accident compared to your health now. Victims who were in good health when the accident happened can often claim higher amounts of damages than victims who were in poor health, although there are plenty of exceptions to this rule.
• Your personal circumstances and priorities. Every pedestrian who suffers injuries in a Solana Beach traffic accident has a unique story and life circumstances that influence the victim’s needs and goals for taking legal action. Talk to your lawyer about any particular priorities you have, so that your lawyer can take them into account in crafting a legal strategy that serves your interests.

HOW LONG WILL IT TAKE TO GET MONEY FOR MY INJURIES?

Of course, there is no guarantee that you will receive money for your injuries. However, the timeline for a successful case depends on the unique facts and circumstances of your accident and injuries. We have represented clients in matters that lasted just a month or two. We have also handled cases that lasted a year or more.

The factors that can affect the timeline for your claim are mostly beyond your control. They include:

• The amount of money at stake;
• The degree of dispute over liability and damages;
• The number of parties in your case; and
• The personalities and working styles of the parties and their representatives.

One factor you can control is when you speak with an experienced attorney about your Solana Beach pedestrian accident injuries. The sooner you have a lawyer on your side, the sooner you can get started on resolving your claim.

IS THE SETTLEMENT I RECEIVED FOR MY PEDESTRIAN ACCIDENT TAXABLE?

According to the Internal Revenue Service, settlements and awards received through a personal injury claim are not considered income and are not taxable. However, if your award contained punitive damages—a type of damage not related to your expenses or impacts, but obtained solely to punish the defendant for particularly reckless behavior—that portion of the award is subject to tax. Additionally, if you claimed a deduction for your accident-related medical expenses, you would likely have to return the deducted amount on your taxes in the year of your settlement or award.

Always speak with an experienced attorney about any tax concerns you have.

WHY DO I NEED AN ATTORNEY TO REPRESENT ME IN MY PEDESTRIAN ACCIDENT CASE?

An attorney with experience in pedestrian accident cases gives you the advantage of a thorough understanding of the laws that impact your rights, and of the damages that you should receive. The specific actions that a lawyer takes on your behalf will vary based on the unique facts of your case.

However, those services can often include:

• Conducting a detailed evaluation of your case to uncover every dollar of damages that you should receive;
• Investigating a case to identify all parties who may have a legal liability to you for your damages;
• Planning a legal strategy for obtaining compensation for you that meets your individual needs and priorities;
• Executing that strategy to obtain you maximum compensation;
• Negotiating with the at-fault party’s insurance representatives and defense attorneys to try to achieve a fair and reasonable settlement of your claims;
• Working with a network of trusted experts—including medical professionals and accident reconstruction specialists—who may provide testimony and analysis to strengthen your case.
• Advocating for you in court proceedings in front of a judge or jury; and
• Ensuring that you actually collect any settlement or jury award.

Do not make the mistake of thinking you can represent yourself in a Solana Beach pedestrian accident injury claim. In our experience, that is a costly and damaging error.

HOW MUCH DO YOUR SOLANA BEACH PEDESTRIAN ACCIDENT LAWYERS COST?

The first meeting with an experienced Solana Beach pedestrian accident injury lawyer is always free. If you and the lawyer agree to work together, then the lawyer will also virtually always agree to represent you on contingency. You do not pay the lawyer any money up-front, and the lawyer does not bill you by the hour. Instead, you and the lawyer agree that the lawyer will get to keep a percentage of the money the lawyer’s efforts secure for you. In other words, your lawyer does not get paid unless you get paid.

If a Solana Beach pedestrian accident left you or a loved one struggling with serious injuries, you have rights. Contact a skilled pedestrian accident injury lawyer at Gomez Trial Attorneys today for a free, confidential, no-obligation case evaluation.

EXPERIENCED SOLANA BEACH PEDESTRIAN ACCIDENT LAWYERS

Let the experienced Solana Beach pedestrian accident lawyers at Gomez Trial Attorneys help you to understand your legal options after you suffer injuries in a Solana Beach pedestrian accident.

For a free case evaluation, contact us online or by calling (619) 237-3490.

Gomez Trial Attorneys
603 N. Highway 101
Solana Beach, CA 92075
Phone: (858) 400-4333