Gershen Law Office
Del Mar Pedestrian Accident Attorneys’

Experienced Del Mar Pedestrian Accident and Injury Attorneys Fighting for Maximum Compensation

FREE CONSULTATION—CALL (619) 492-5526

Walking the beautiful streets of Del Mar—whether heading to a local café, strolling along Camino Del Mar, or taking in the ocean views near Powerhouse Park—should be a safe and enjoyable experience. Unfortunately, Del Mar’s mix of tourist traffic, busy intersections, and narrow coastal roadways often puts pedestrians at significant risk of serious accidents. Even with marked crosswalks and pedestrian-friendly zones, locations like Del Mar Heights Road, Jimmy Durante Boulevard, and Camino Del Mar remain hotspots for dangerous encounters between walkers and vehicles.

elderly pedestrian man crossing!

According to data from the California Office of Traffic Safety, pedestrian injuries and fatalities are a growing concern across San Diego County, and Del Mar is no exception. Whether the incident involves a high-speed collision at a busy intersection or a careless driver backing out of a driveway in a quiet residential area, the consequences can be life-changing. Pedestrian accidents frequently result in catastrophic injuries—including traumatic brain injuries, spinal cord damage, and broken bones—that require extensive medical treatment and long-term care. To learn more about local pedestrian safety initiatives, visit the City of Del Mar’s Pedestrian & Bicycle Safety page.

At Michelle Gershen Law Firm, we proudly advocate for Del Mar’s pedestrian accident victims with relentless determination and compassionate legal support. Our experienced team leaves no detail unexamined, from reviewing traffic camera footage and securing expert testimony to negotiating assertively with insurance companies. We are dedicated to securing full and fair compensation for your medical expenses, lost wages, and pain and suffering—ensuring that negligent drivers are held fully accountable for their actions.

Why You Need a Skilled Del Mar Pedestrian Accident Attorney

Being struck by a vehicle is one of the most traumatic and overwhelming experiences a pedestrian can face. Victims often endure severe physical injuries, emotional distress, and financial burdens while struggling to recover. To make matters worse, negligent drivers and their insurance companies frequently try to minimize liability, pushing blame onto the pedestrian—even in clear-cut cases of driver fault.

Our Del Mar pedestrian accident attorneys are well-versed in countering these tactics. From the moment you hire us, we act swiftly to collect vital evidence, interview witnesses, and build a rock-solid case aimed at securing the maximum compensation you deserve. Whether your accident happened near a bustling spot like Seagrove Park or a residential street in Olde Del Mar, we bring deep local knowledge and proven legal strategies to every case. We don’t settle for quick payouts—we fight for results that fully reflect the true extent of your injuries and losses.

The Complexities of Pedestrian Accident Claims

Pedestrian accident cases are rarely straightforward and often involve multiple layers of legal complexity. From determining fault to navigating California’s comparative negligence rules, proving liability requires in-depth legal knowledge and a strategic approach. Insurance companies are quick to shift blame onto pedestrians, citing issues like jaywalking or crossing outside designated areas—even when the driver’s negligence is clear. In Del Mar, where pedestrian traffic mixes with heavy vehicle flow in tight coastal spaces, these challenges are magnified. Our attorneys have the expertise to handle intricate legal arguments, gather robust evidence such as surveillance footage and expert analysis, and combat insurer tactics head-on to secure the compensation you truly deserve.

Why Michelle Gershen Law is Del Mar’s Go-To Pedestrian Injury Firm

At Michelle Gershen Law, we pride ourselves on being more than just legal representatives—we are fierce advocates and trusted allies for Del Mar’s injured pedestrians. With decades of combined experience and deep knowledge of Del Mar’s unique traffic dynamics, we craft personalized legal strategies designed to win. Our client-focused approach means we handle every aspect of your case with care and precision, from initial investigation through settlement or trial. We are committed to transparent communication, aggressive negotiation, and relentless pursuit of justice—qualities that have earned us a reputation as Del Mar’s premier pedestrian accident law firm.

Leading Causes of Pedestrian Accidents in Del Mar

Pedestrian accidents in Del Mar are nearly always preventable and often stem from negligent or reckless driving behaviors. From scenic pathways along the beach to busy intersections near shopping districts, pedestrians face a range of hazards every day. Our experienced Del Mar pedestrian accident lawyers have identified common factors that frequently lead to these tragic incidents. By understanding these causes, we build powerful legal cases that hold negligent drivers accountable and maximize your compensation.

Distracted Driving Hazards

Del Mar’s coastal attractions and vibrant dining spots draw a mix of locals and tourists, increasing the risk of distracted driving in high-traffic areas. Drivers often divert their attention to check their phones, adjust GPS settings, or take in the scenic views along Camino Del Mar. This momentary loss of focus can have catastrophic consequences for pedestrians, especially near Del Mar Plaza or Powerhouse Park. Our legal team expertly uncovers evidence of driver distraction, using phone records, dashcam footage, and witness testimony to establish fault and strengthen your claim.

Speeding and Reckless Driving

Speeding is a chronic issue along key routes like Del Mar Heights Road and Via De La Valle. Drivers exceeding the speed limit drastically reduce their ability to react to pedestrians, even when crosswalks and signals are in place. High-speed pedestrian collisions often result in severe, life-altering injuries, including spinal damage and multiple fractures. We partner with accident reconstruction experts to analyze impact evidence and demonstrate how excessive speed played a critical role in your accident, holding reckless drivers fully accountable.

Failure to Yield to Pedestrians

California law requires drivers to yield to pedestrians in both marked and unmarked crosswalks, but many drivers fail to uphold this basic duty. This is especially dangerous at intersections near Del Mar’s bustling commercial zones, where pedestrian activity is high. Our legal team gathers critical evidence—including traffic light patterns and pedestrian signal data—to prove that the driver failed to yield, ensuring that your rights are protected and your case is as strong as possible.

Impaired Driving

Del Mar’s vibrant nightlife and coastal events increase the risk of alcohol- and drug-impaired driving, particularly on weekends and during festival seasons. Impaired drivers often exhibit slowed reaction times, poor judgment, and erratic behavior, significantly raising the chances of pedestrian collisions. We aggressively investigate DUI-related accidents, obtaining toxicology reports, police records, and surveillance footage to build airtight cases. When applicable, we may also pursue claims against establishments that overserved the driver under California’s dram shop laws.

Common Types of Pedestrian Accidents in Del Mar

Pedestrian accidents in Del Mar occur in various ways, each presenting unique legal challenges and complexities. From busy coastal intersections to quiet suburban streets, our experienced attorneys have handled a wide range of case types, giving us deep insight into the nuances of each. Below are the most frequent types of pedestrian accidents we manage in Del Mar, with tailored strategies to strengthen your case.

Crosswalk Accidents

Crosswalk accidents are a prevalent issue in Del Mar, especially along Camino Del Mar and intersections near Del Mar Village. Despite clear markings and signals, many drivers fail to yield, causing serious injuries to pedestrians legally crossing the street. Our team meticulously gathers surveillance footage, signal timing data, and eyewitness accounts to prove that you had the right-of-way and to hold negligent drivers fully responsible.

Parking Lot and Driveway Collisions

Del Mar’s popular shopping centers and beachfront parking areas see heavy pedestrian traffic, increasing the risk of parking lot accidents. Drivers often reverse out of parking spaces without properly checking their surroundings, putting pedestrians at serious risk. Our firm collects surveillance video, site diagrams, and witness testimony to build a compelling case that proves negligence and secures the compensation you deserve.

Sidewalk and Shoulder Impacts

Pedestrians have every right to feel safe while walking on sidewalks and shoulders, but distracted or impaired drivers sometimes veer off the road, causing catastrophic collisions. These incidents are particularly common along narrow, winding streets near the coastline. We work with civil engineers and accident reconstructionists to prove fault, whether the driver was negligent or the municipality failed to maintain a safe pedestrian environment.

Mid-Block Crossing Accidents

Del Mar’s spread-out layout and infrequent crosswalks often compel pedestrians to cross mid-block, increasing the likelihood of accidents. Insurance companies may attempt to blame the pedestrian, but California law still requires drivers to exercise due care. Our attorneys counter these claims with expert analysis and witness accounts, ensuring your rights are fully protected even in challenging cases.

Serious Pedestrian Injuries We Handle in Del Mar

Pedestrian accidents can result in devastating, life-altering injuries that affect victims physically, emotionally, and financially. At Michelle Gershen Law Firm, we have extensive experience representing clients who suffer a wide range of severe injuries caused by negligent drivers. Each case requires meticulous legal and medical coordination to ensure that every aspect of your harm is fully documented and compensated.

We collaborate with top medical experts, life-care planners, and rehabilitation specialists to build comprehensive claims that reflect both your immediate medical needs and long-term care requirements. Below are the most common and serious injuries we handle in Del Mar pedestrian accident cases, along with detailed insight into how we build successful legal strategies around them.

Traumatic Brain Injuries (TBI) From Pedestrian Accident

Traumatic brain injuries (TBIs) are among the most catastrophic consequences of pedestrian accidents. Whether caused by direct impact with a vehicle or from being thrown onto hard pavement, TBIs can range from mild concussions to severe brain bleeds and diffuse axonal injuries. In Del Mar, these injuries are especially prevalent at high-speed intersections like Camino Del Mar and Del Mar Heights Road, where drivers may fail to yield or react in time. TBIs often lead to long-term cognitive, emotional, and physical impairments, requiring extensive medical treatment and lifelong care. At Michelle Gershen Law, we work closely with neurologists, neuropsychologists, and life-care planners to ensure that your claim fully accounts for every aspect of your brain injury, from current medical bills to future rehabilitation and support services.

Spinal Cord Injuries and Paralysis

Spinal cord injuries can result in permanent disability, including paraplegia or quadriplegia, depending on the location and severity of the trauma. These injuries often occur in pedestrian accidents where the victim is hit at high speed, causing violent jolts or crushing impacts. Del Mar’s busy roads, such as Via De La Valle, are notorious for pedestrian crashes that result in spinal trauma. Victims face not only immediate hospitalization and surgery but also lifelong medical care, mobility challenges, and home modifications. Our firm partners with top spinal specialists and physical therapists to meticulously document your medical journey, ensuring your legal claim reflects both immediate needs and long-term financial impacts, including vocational retraining and psychological support.

Complex Fractures and Orthopedic Injuries

Bone fractures are common in pedestrian accidents, but many victims suffer complex, multi-site breaks that require surgical intervention, implants, and months of rehabilitation. These injuries are particularly common in collisions near Del Mar Village and other tourist-heavy areas where pedestrian density is high. Orthopedic injuries may involve compound fractures, shattered joints, or crushed bones, leading to chronic pain, limited mobility, and even permanent disability. At Michelle Gershen Law, we work with orthopedic surgeons and rehabilitation experts to track every phase of your treatment, from initial surgery to long-term physical therapy. We also factor in the potential for future surgeries or complications such as arthritis, ensuring your compensation covers every possible outcome.

Internal Organ Damage From Pedestrian Accident

Internal injuries—such as damage to the lungs, liver, kidneys, or spleen—are particularly dangerous because they may not present immediate symptoms but can quickly become life-threatening. Pedestrian accidents along fast-moving routes like Jimmy Durante Boulevard often result in blunt-force trauma that crushes or ruptures internal organs. Victims typically require emergency surgeries, intensive care, and prolonged hospital stays, with lasting health implications. Our legal team works with trauma surgeons and medical imaging specialists to ensure that every aspect of your internal injuries is fully documented and included in your claim. We seek damages that reflect not only immediate medical needs but also long-term health monitoring, disability considerations, and the potential for future medical complications.

Soft Tissue Injuries and Disfigurement

Soft tissue injuries—including torn ligaments, muscle damage, and deep lacerations—may seem less severe than fractures or spinal injuries, but they often result in long-term pain and permanent scarring. Disfigurement, especially facial or visible scars, can cause significant psychological and emotional distress. In Del Mar, pedestrian accidents in parking lots and residential areas frequently lead to these types of injuries. At Michelle Gershen Law, we take these cases seriously, working with plastic surgeons, dermatologists, and mental health professionals to document both the physical and emotional toll. We ensure that your compensation covers not only medical treatments such as scar revision surgeries and physical therapy but also counseling and other resources to help you cope with the lasting effects of disfigurement.

Full Compensation for Del Mar Pedestrian Accident Victims

Pedestrian accident victims often face overwhelming challenges—medical expenses, lost income, emotional trauma, and long-term disabilities. At Michelle Gershen Law Firm, we are relentless in our pursuit of full compensation that reflects the true extent of your suffering and financial losses. Whether your accident happened in a bustling tourist zone or a quiet residential street in Del Mar, we build detailed legal claims designed to secure every dollar you deserve.

Our team partners with medical experts, financial consultants, and life-care planners to ensure that no aspect of your damages is overlooked. Below, we break down the key categories of compensation we aggressively pursue on behalf of Del Mar pedestrian accident victims.

Medical Expenses

Medical bills often skyrocket following a pedestrian accident, especially when injuries require emergency care, surgeries, rehabilitation, and long-term medical monitoring. In Del Mar, victims may need to be transferred to specialized trauma centers in nearby San Diego for advanced treatment, further increasing costs. We seek compensation that covers every aspect of your medical journey, including hospital stays, diagnostic tests, physical therapy, prescription medications, and necessary medical devices such as wheelchairs or braces. We also work with healthcare providers to estimate the cost of future care—ensuring that your settlement or award provides financial security for both immediate and ongoing medical needs.

Lost Wages

A pedestrian accident can sideline you from work for weeks, months, or even permanently. Whether you work in Del Mar’s bustling tourism industry or in a remote position, any disruption to your income can have far-reaching consequences. Our legal team meticulously calculates your lost wages, taking into account missed paychecks, bonuses, commissions, and other employment benefits. For clients facing long-term or permanent disability, we collaborate with vocational experts to assess your diminished earning capacity and include future income losses in your claim. We make sure that your financial stability is fully protected now and in the years ahead.

Pain and Suffering

Injuries sustained in pedestrian accidents often bring intense physical pain, emotional distress, and psychological trauma. Victims may endure chronic pain, PTSD, anxiety, and depression—especially when injuries result in long-term disability or disfigurement. In Del Mar, where an active coastal lifestyle is a core part of daily life, losing the ability to walk comfortably, engage in outdoor activities, or spend time with family can be emotionally devastating. At Michelle Gershen Law, we seek robust compensation for both physical and emotional suffering, ensuring that your pain is acknowledged and fairly valued within your legal claim.

Disfigurement and Disability After Pedestrian Accident

When a pedestrian accident leads to permanent scarring, amputations, or life-altering disabilities, the impact extends far beyond medical costs. Victims often struggle with self-image, face social stigma, and require lifelong support and adaptations. Whether it’s visible facial scars from a parking lot collision or paralysis caused by a high-speed crash on Camino Del Mar, we document every aspect of your disfigurement or disability. We work with medical professionals and life-care planners to capture not only the immediate consequences but also the long-term adjustments you’ll need, from home modifications to assistive devices and ongoing psychological counseling.

Loss of Enjoyment of Life After Pedestrian Accident

Pedestrian accident victims often find their ability to participate in hobbies, family activities, and personal passions severely diminished. Whether you enjoyed morning jogs along the beach or simple activities like gardening, losing these cherished routines takes a heavy emotional toll. In Del Mar, where the outdoor lifestyle is a key part of residents’ well-being, this loss is particularly profound. Our legal team includes detailed evidence—such as personal statements, medical reports, and expert testimony—demonstrating how your quality of life has been affected. We ensure that this intangible, yet deeply felt, loss is properly valued and factored into your compensation package.

Punitive Damages After Pedestrian Accident

In cases involving egregious negligence—such as drivers who were intoxicated, recklessly speeding, or engaging in criminally negligent behavior—we aggressively pursue punitive damages. These additional financial penalties serve not only to punish the at-fault party but also to deter similar reckless behavior in the future. In Del Mar, where tourist traffic can lead to an uptick in DUI-related pedestrian accidents, seeking punitive damages is a critical tool for ensuring accountability. At Michelle Gershen Law, we build compelling cases that meet the high legal standards required for punitive awards, giving you the fullest possible measure of justice.

Contact Michelle Gershen Law – Del Mar’s Leading Pedestrian Accident Attorneys

A pedestrian accident can leave you facing physical pain, financial hardship, and emotional trauma. You shouldn’t have to navigate these challenges alone. At Michelle Gershen Law, we are committed to standing by your side with aggressive legal representation and compassionate guidance—ensuring negligent drivers and their insurers are held fully accountable.

We offer personalized legal strategies, deep knowledge of Del Mar’s unique traffic risks, and a proven track record of success in pedestrian accident cases. Our team fights tirelessly to secure the full compensation you deserve, so you can focus on healing and rebuilding your life.

Why Partner with Michelle Gershen Law?

Free, no-obligation consultation—get answers to your legal questions today.
No upfront costs—you pay nothing unless we win your case.
Complete case management—from investigation to courtroom representation.

📞 Call us now at (619) 492-5526 to schedule your FREE consultation.

🔗 Explore more about pedestrian safety at the National Highway Traffic Safety Administration (NHTSA) website.

Reviews for Michelle Gershen

Michelle Gershen is a wonderful lawyer. She helped me step by step with my neck injury from a motor vehicle accident. I would highly recommend hiring her if you are in need of a lawyer. If I could give more than five stars I would.

Jenna M.

Personal, professional, responsive! All Attorneys should be like Michelle! She got my case taken care of and helped me when I needed it most. I would highly recommend her to anyone!

Annette M.

She will fight long and hard for your best interest! Michelle is the 3rd attorney I have worked with, and what a relief it was to have landed in her care. She kept me informed every step of the way, was extremely confident, professional, and organized. She is truly exceptional at what she does and it felt like my friend was working for me.

Joseph P.

I was lucky enough to meet Michelle at my last job. I have always found her to be helpful, supportive, and very responsive. Everyone I have referred to Michelle has been extremely pleased with her professionalism and caring demeanor. As a sole practitioner, she has the ability to react quickly when needed, and she is always cost-conscious.

Amy G.

San Diego

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