Pedestrian accidents can drastically alter the lives of victims and their families. Physical injuries sustained can include broken bones, traumatic brain injuries, and spinal cord injuries, which can lead to long-term or permanent disabilities. Victims may also face significant financial burden from extensive medical treatments, rehabilitation, and healthcare services.
At Kashou Law, APC, we are committed to providing compassionate and effective legal representation. Based in San Diego and led by Justin S. Kashou, our team combines legal knowledge with a personalized approach. Justin’s experience at a prominent insurance defense firm gives him unique insights into the tactics insurance companies use. We handle all aspects of your San Diego personal injury case, from negotiating with insurance companies to representing you in court if necessary. Our goal is to alleviate your stress and help you focus on recovery. Choosing Kashou Law, APC means you’ll receive dedicated attention and a client-centered approach. Contact us today to discuss your pedestrian accident case and learn how we can help you secure the justice and compensation you deserve.
Why You Need Legal Support After a San Diego Pedestrian Accident
After a San Diego pedestrian accident, you need to secure legal representation that will support you throughout your claim. Justin S. Kashou will guide you through the legal process. He’ll first start by understanding your scenario by providing a free consultation. During that consultation, he’ll be able to provide you with the pros and cons of your case, as well as walking through the possible legal strategies you can take to meet your goals.
If you decide to engage Kashou Law Firm to represent you, we’ll dive right away in determining the relevant laws that apply to your pedestrian accident claim and the different factors, such as the timing of the accident or the type of vehicle, that are relevant to your claim. We’ll gather the evidence (accident reports, testimony) to provide you with sound legal ground to stand on. After we have gathered all the information, we can provide you with a realistic valuation based on the strength of your claim. We leave no stone unturned – all potential damages (medical expenses, lost wages, rehab costs, etc.) are factored into our determination. Justin S. Kashou will use all of this prepared information to fight against insurance companies and get the compensation you deserve.
Common Types of Injuries in Serious San Diego Pedestrian Accidents
San Diego pedestrian accidents can have a wide range of injuries. Some of the more serious injuries that we commonly see include the following:
- Traumatic Brain Injuries (TBI): A violent blow or jolt to the head, or when an object penetrates the skull. This type of injury often constitutes a San Diego brain injury claim.
- Spinal Cord Injuries: Damage to the spinal cord that can result in loss of function, sensation, or even complete paralysis.
- Fractures and Broken Bones: Broken legs, arms, ribs, and pelvis that may require surgery and can lead to long-term disability.
- Internal Injuries: Damage to internal organs, such as the liver, spleen, lungs, and kidneys, often caused by blunt force trauma.
- Lacerations and Abrasions: Deep cuts and scrapes that occur when a pedestrian is struck by a vehicle or thrown to the ground.
- Soft Tissue Injuries: Damage to muscles, ligaments, and tendons, including sprains and strains.
- Pelvic Injuries: Fractures or damage to the pelvic region. Severe injuries can lead to mobility issues and extensive rehab.
- Facial Injuries: Injuries to the face, including broken bones, dental injuries, and eye injuries.
In some cases, the pedestrian accident can be fatal. In this unfortunate situation, our compassionate San Diego wrongful death lawyer can fight on behalf of your loved one and earn justice in the form of compensation.
Frequent Vehicle Types in San Diego Pedestrian Accidents
San Diego pedestrian accidents can involve various types of vehicles. The type of vehicle can affect the severity of the accident and the subsequent factors for a viable claim. For example, passenger cars (sedans, coupes, etc.) have lower front profiles, which can result in leg and hip injuries for pedestrians upon impact. SUVs have a higher front profile which can lead to more severe injuries, such as head, chest, and abdominal trauma.
The more severe accidents are caused by commercial trucks and buses. These vehicles can cause catastrophic injuries or fatalities due to their sheer size and weight. Pedestrians struck by these larger vehicles often suffer severe crush injuries, extensive trauma, head injuries, and broken bones. In this case, our San Diego truck accident attorney can advocate for you to obtain damages.
Smaller vehicles, such as motorcycles, scooters, and e-bikes, can still cause severe injuries due to their speed. Pedestrians can suffer from lacerations, fractures, and road rash, particularly when they are operated on sidewalks or in pedestrian-heavy areas.
Impact of Street Design in San Diego Pedestrian Accidents
In San Diego, specific areas have unique design features that pose a higher likelihood of significant pedestrian accidents. Busy intersections like those in Gaslamp Quarter often lack sufficient crosswalk markings. In addition, there is typically heavy traffic flow and a higher likelihood of inebriated drivers and pedestrians. Popular areas like Pacific Beach and Ocean Beach sometimes have narrow or crowded sidewalks, forcing pedestrians to walk on the streets, especially during busy times.
Neighborhood areas like North Park and Hillcrest have high levels of pedestrians and may face more speeding drivers. Low lit areas, such as City Heights and Barrio Logan, can make it difficult for drivers to see pedestrians at night and increase the risk of accidents. Lastly, places with numerous bus stops, such as El Cajon Boulevard, may have an increased likelihood of bus accidents.
Factors Affecting San Diego Pedestrian Accidents
San Diego pedestrian accidents can be affected by a variety of factors. The extent of the injury can heavily affect the potential compensation for a victim as well as the likelihood of success, especially if the injury affects the victim’s daily life. Injuries that are permanent and more severe (such as permanent disabilities) will typically have a higher valuation. A victim who sees a clinician right away to get proper documentation of the injuries and treatment will have stronger support when asserting the claim.
A major factor that affects potential compensation is contributory negligence. Contributory negligence is a legal concept in which a victim’s own negligence reduces the amount of compensation received. The principle of contributory negligence is backed up under California Code of Civil Procedure §1714:
“(a) Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. The design, distribution, or marketing of firearms and ammunition is not exempt from the duty to use ordinary care and skill that is required by this section. The extent of liability in these cases is defined by the Title on Compensatory Relief.”
An example in a San Diego pedestrian accident would be a pedestrian who was outside the crosswalk or jaywalking at the time of the accident. If the jury finds the pedestrian partially at fault, say thirty percent (30%) as an example, then the victim’s totally recovery would be reduced proportionally.
Right of Way at Crosswalks for San Diego Pedestrian Accidents
In San Diego, there are laws that outline the rights and responsibilities of both drivers and pedestrians at crosswalks to ensure safety and prevent accidents. California Vehicle Code § 21950 provides the following:
“§ 21950 – Yielding right-of-way to pedestrian in crosswalk; no stop absent immediate danger(a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.(b) This section does not relieve a pedestrian from the duty of using due care for their safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.(c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.(e)(1) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, shall not stop a pedestrian for a violation of this section unless a reasonably careful person would realize there is an immediate danger of a collision with a moving vehicle or other device moving exclusively by human power.(2) This subdivision does not relieve a pedestrian from the duty of using due care for their safety.(3) This subdivision does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within the roadway.”
What this means is that drivers must yield the right-of-way to pedestrians crossing the roadway within any marked or unmarked crosswalk at an intersection. If a pedestrian is already in the crosswalk or steps into it when the vehicle is approaching, the driver must slow down or stop to allow the pedestrian to cross safely. Drivers are required to exercise all due care and reduce speed to safeguard the safety of pedestrians. This includes being vigilant and prepared to stop when approaching crosswalks, especially in areas with high pedestrian traffic, such as school zones or busy urban intersections.
Pedestrians must not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. This means pedestrians should ensure that it is safe to step into the crosswalk and that oncoming vehicles have adequate time to yield. If a driver fails to yield to a pedestrian in a crosswalk and an accident occurs, the driver can be held liable for the injuries and damages caused. Conversely, if a pedestrian steps into traffic suddenly and an accident happens, the pedestrian’s actions can be considered contributory negligence, potentially reducing their compensation.
School Zone Laws in San Diego Pedestrian Accidents
San Diego has implemented specific regulations for school zones aimed at enhancing pedestrian safety for children traveling to and from school. According to California Vehicle Code § 22352:
“The prima facie limits are as follows and shall be applicable unless changed as authorized in this code and, if so changed, only when signs have been erected giving notice thereof: (a) Fifteen miles per hour: (1) When traversing a railway grade crossing, if during the last 100 feet of the approach to the crossing the driver does not have a clear and unobstructed view of the crossing and of any traffic on the railway for a distance of 400 feet in both directions along the railway. This subdivision does not apply in the case of any railway grade crossing where a human flagperson is on duty or a clearly visible electrical or mechanical railway crossing signal device is installed but does not then indicate the immediate approach of a railway train or car. (2) When traversing any intersection of highways if during the last 100 feet of the driver’s approach to the intersection the driver does not have a clear and unobstructed view of the intersection and of any traffic upon all of the highways entering the intersection for a distance of 100 feet along all those highways, except at an intersection protected by stop signs or yield right-of-way signs or controlled by official traffic control signals. (3) On any alley. (b) Twenty-five miles per hour: (1) On any highway, in any business or residence district unless a different speed is determined by local authority or the Department of Transportation under procedures set forth in this code. (2) When approaching or passing a school building or the grounds thereof, contiguous to a highway and posted with a standard “SCHOOL” warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching or passing any school grounds which are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a standard “SCHOOL” warning sign. For purposes of this subparagraph, standard “SCHOOL” warning signs may be placed at any distance up to 500 feet away from school grounds. (3) When passing a senior center or other facility primarily used by senior citizens, contiguous to a street other than a state highway and posted with a standard “SENIOR” warning sign. A local authority may erect a sign pursuant to this paragraph when the local agency makes a determination that the proposed signing should be implemented. A local authority may request grant funding from the Active Transportation Program pursuant to Chapter 8 (commencing with Section 2380) of Division 3 of the Streets and Highways Code, or any other grant funding available to it, and use that grant funding to pay for the erection of those signs, or may utilize any other funds available to it to pay for the erection of those signs, including, but not limited to, donations from private sources.”
These laws state that within designated school zones, speed limits are significantly reduced during school hours to enhance safety. Typically, the speed limit is lowered to 25 miles per hour, and in some areas, it can be reduced to as low as 15 miles per hour when children are present. These reduced speed limits help to decrease the risk of accidents by allowing drivers more time to react to unexpected movements by children.
San Diego also has specific laws in addition to typical California requirements. Under the San Diego municipal code, violations of speed limits and other traffic regulations within school zones carry increased penalties. These heightened fines and penalties serve as a deterrent to reckless driving and emphasize the importance of adhering to traffic laws in these sensitive areas.
Kashou Law Is The Go-To for a San Diego Pedestrian Accident Claim
When choosing representation for your San Diego pedestrian accident claim, Kashou Law stands out. We believe in providing personalized attention to every client. Unlike larger firms where cases may be handed off to junior associates, Justin personally oversees each case. With roots in the San Diego community, Justin S. Kashou has connections and a stellar reputation amongst the legal professionals in San Diego.
Contact Our San Diego Pedestrian Accident Lawyer Today
If you or a loved one has been injured in a San Diego pedestrian accident, Kashou Law is here to provide the dedicated and compassionate legal support you need. Justin S. Kashou is committed to guiding you through every step of the legal process. Don’t face this challenging time alone. Contact our accident lawyer in San Diego today for a free consultation. Let us help you understand your rights, explore your options, and take the first step toward recovery and justice. Call us at (619) 963-2030 to begin your path to recovery.