Carlsbad Pedestrian Accident Attorney
Legal Representation for Injured Pedestrians
Like so many beach communities, Carlsbad, California is a walker's paradise situated amongst a number of major traffic corridors. With roughly 31 different parks to choose from and 7 miles of gorgeous coastline to amble along, there is something for everyone to peruse and plenty of ways to get there. Running the length of the county, Carlsbad State Beach is one of the most popular destinations in all of San Diego and has plenty of access points for both motorists and pedestrians alike. While situated directly off of Palomar Airport Rd. to the south is Veteran's Park with its incredible view of The Crossings Golf Course and the Flower Fields.
Unfortunately, this co-existence between pedestrian and motorist can lead to some harrowing, if not deadly, encounters. According to a 2011 report submitted by the California Highway Patrol, over 13,000 pedestrians were injured or killed in California; that same year 33 walkers were injured in Carlsbad, including one fatality. Tragically, there have been a number of reported pedestrian accidents lately, some involving more than one victim. These types of accidents are avoidable and not without serious consequence for both victim and responsible party.
If you or someone you love has been severely injured or killed by a careless motorist, there may be grounds to pursue legal action. Reach out to the skilled Carlsbad personal injury attorneys at the Jurewitz Law Group to discuss your options in a free and confidential consultation. Our knowledgeable personal injury team will be able to answer all of your questions and help you pursue the best possible outcome for both you and your family. Contact us today at our Carlsbad office by calling (760) 585-4640.
Types of Injuries Associated With Pedestrian Accidents
Over the years the Jurewitz Law Group has defended many pedestrians who were victims of negligent driving. The reasons are as senseless as the injuries they produce. Whether the result of drunk, speeding, distracted or reckless driving, these types of accidents can be avoided entirely with some applied common sense and adherence to the law. All too often though, this is not the case and the ramifications are disastrous. The following are some of the more common injuries found in such lawsuits:
Head, Neck, Spine Trauma - When struck by a moving automobile while walking, there is very little time to react let alone protect oneself. Unlike riding a motorcycle or bicycle where a helmet is mandatory, the average walker is exposed to the full momentum of a reckless vehicle. As such, the injuries sustained are often catastrophic. The brain is susceptible to concussion or severe injury while the delicate nerve structure of the spine can be permanently damaged, leading to paralysis. The immediate and long term medical care for such injuries can be astronomical and absolutely warrants litigation for compensation.
Bone Fractures & Breaks - The human body is comprised of over 200 bones, all of which are quite delicate when placed against the force of a moving vehicle. As one of the most common types of injury sustained in a pedestrian accident, it can also be the most intensive. Regardless of the severity, whether it is compounded or splintered, bones take a great deal of time to heal. In some cases, the bone will need to be reset a number of times, which can be an arduous and painful experience. The amount of suffering involved can be represented in the non-economic damages awarded in a lawsuit against the at-fault party.
Carlsbad Pedestrian Injury FAQs
After a pedestrian accident in Carlsbad, is there anyone else I can sue other than the driver who hit me?
I may have been partially at fault for the accident because I was crossing the street outside of a designated pedestrian walkway. Can I still recover damages?
The driver and his/her insurance company are blaming me for the accident. How can I defend my claim?
Pedestrian accidents often leave great devastation in their wake, along with many questions. As someone who has suffered considerable losses due to a negligent driver, you are probably asking yourself, who can I turn to for help? The compassionate Carlsbad pedestrian injury lawyers at the Jurewitz Law Group are here to provide you with quality legal representation. We will help you get through this dark period of your life and secure you a more stable future. For more information, call us today at (760) 585-4640.
A: Drivers must stop and yield the right-of-way to pedestrians who are crossing in marked or unmarked crosswalks at intersections. They must also take care to check for pedestrians and other vehicles when pulling out of parking lots and driveways. They must never drive on sidewalks designated for pedestrians. They must allow older, younger, and disabled pedestrians ample time to cross the road. Overall, they should exercise due caution in all situations.
A: Yes. Both drivers and pedestrians are expected to exercise ordinary care. However, motorists bear the greater burden of care since vehicles are capable of harming or even killing pedestrians. Not only must they follow the rules of the road, but they must also yield the right of way to pedestrians when appropriate and exercise extra caution when they are nearby. Drivers who cause a pedestrian accident due to speeding, drunk driving, or some other bad motorist behavior may be held liable for damages in civil court.
Q: After a pedestrian accident in Carlsbad, is there anyone else I can sue other than the driver who hit me?
A: Possibly, if there were other parties that caused or contributed to the accident. For example, if the involved vehicle had a defective part or underwent inadequate repairs, the vehicle manufacturer or the car shop, respectively, may be asked to respond to any claim you make.
Q: I may have been partially at fault for the accident because I was crossing the street outside of a designated pedestrian walkway. Can I still recover damages?
A: Even if you were partially at fault, you may still be entitled to damages, though they will likely be reduced by an amount directly proportional to your amount of fault. For instance, if the jury were to award you $10,000 but placed 25 percent of the blame on you, your recovery would be reduced accordingly and you would receive $7,500 ($10,000 - 25 percent).
A: According to California Code of Civil Procedure Section 335.1, the statute of limitations for "an action for ... injury to, or for the death of, an individual caused by the wrongful act or neglect of another" (this includes pedestrian accidents) is two years from the date of the incident. If you do not file your lawsuit within this period, you will forfeit your right to pursue damages in this case.
Q: The driver and his/her insurance company are blaming me for the accident. How can I defend my claim?
A: This is why it is almost always a good idea to hire an experienced Carlsbad injury attorney after a pedestrian accident. If the opposing insurance company disputes your claim, you'll need all the help you can get. An attorney can conduct an investigation of the circumstances surrounding the accident, gather material evidence and witness testimony, and consult with accident reconstruction experts and other relevant professionals to strengthen the foundation of your claim.
If you have any questions regarding your accident injury case, schedule an appointment with the Jurewitz Law Group by calling (760) 585-4640 or submitting an online contact form. We can conduct a free, comprehensive case review at our office, over the phone, via Skype, or even at your own home.
Your Right, Our Fight - Contact our Carlsbad Pedestrian Accident Lawyers
The Carlsbad car accident attorneys at the Jurewitz Law Group are strongly committed to the rights of personal injury victims and their families. We are passionate litigators, who believe that only through personal representation and fierce litigation do we provide the kind of service our clients deserve. We will pursue the guilty party to the fullest extent of the law and secure the compensation you deserve. Contact us today at (760) 585-4640 to discuss your options in a free consultation.
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Call the Jurewitz Law Group at (760) 585-4640 and begin your path to recovery with a no-cost consultation today.