Report Shows Increase in San Diego Pedestrian Accident Fatalities

A report published late last year by Circulate San Diego highlights an increase in San Diego pedestrian accident deaths, despite improvements to road safety. The City of San Diego adopted Vision Zero in 2015, which is a commitment to eliminate non-motorist traffic deaths by 2025. Pedestrian deaths have actually increased in the last decade since then, according to the report released last November. The city has taken steps to increase road safety in the last ten years since Vision Zero was adopted, but San Diego pedestrian accidents regularly occur due to a variety of other factors. The report speculates that deadly crashes are on the rise because of “faster cars coupled with smartphones and visibility issues that come with driving at night”. The city issued a statement agreeing with the sentiment that additional improvements are necessary and emphasized that making San Diego streets safer remains a top priority moving forward.

San Diego pedestrian accidents are often caused by some form of negligence. Pedestrians are already afforded less protection on the roads due to the lack of barriers surrounding them, unlike vehicle drivers. While pedestrians have a responsibility to follow California law when walking in public, drivers need to be aware of their surroundings and act with care when pedestrians are present. Sustaining an injury in a San Diego pedestrian accident is stressful and impacts several areas of your life, from financial stability to lost wages and future recovery needs.

At Gershen Law, we offer compassionate and experienced legal help when navigating the aftermath of your accident. Call us today at (619) 731-0227 to schedule a free consultation. Nobody should walk this road alone, let us help you get back on your feet and take back control of your life after a San Diego pedestrian accident.

What To Do After a Pedestrian Accident in San Diego, CA

Being hit by a vehicle as a pedestrian is one of the most frightening and life-altering experiences anyone can endure. In the moments following a collision, it is easy to feel overwhelmed by shock, pain, and confusion. Knowing what to do after a pedestrian accident in San Diego can make all the difference in protecting your health, your legal rights, and your ability to recover fair compensation. Taking the right steps ensures that you can focus on healing while preserving crucial evidence that supports your future claim. At Gershen Law, we are committed to helping you navigate the journey in the aftermath of your San Diego pedestrian accident. Our attorneys are with you every step of the way, from start to finish, so you can focus on your recovery. 

Seek Immediate Medical Attention

Your first priority after a pedestrian accident should always be your health and safety. Even if your injuries seem minor, you should still seek medical attention right away. Many serious injuries, such as internal bleeding or concussions, do not present symptoms immediately. Getting evaluated by a doctor not only ensures that hidden injuries are detected early but also establishes medical documentation that will be critical if you decide to pursue a claim later on.

Follow Through With Treatment and Appointments

After receiving initial medical care, it’s important to follow your doctor’s instructions and attend every follow-up appointment. Skipping treatments or ignoring medical advice can harm both your recovery and your case. Insurance companies often review medical records for consistency, and failure to comply with prescribed care can lead to reduced compensation. Consistent treatment demonstrates the seriousness of your injuries and strengthens your claim.

Keep Detailed Records of Medical Expenses

All receipts, invoices, and medical statements related to your pedestrian accident should be kept in a safe place. These documents show the extent of your financial losses, from emergency room visits to rehabilitation costs. Having this information ready makes it easier for your attorney to calculate total damages and demand full reimbursement from the responsible party.

Report the Accident to Law Enforcement

After ensuring your safety and seeking medical care, the next step is to report the incident to the proper authorities. Contacting law enforcement creates an official record of the event and ensures that the crash details are documented accurately. The responding officer will gather witness statements, examine the scene, and prepare a police report that can later serve as valuable evidence.

Obtain a Copy of the Police Report

Once the report has been filed, make sure to obtain a copy for your records. The police report will often include details about the driver’s information, the cause of the crash, and any citations issued. This document provides a factual basis for your attorney to reference when building your pedestrian injury case and helps identify who may be held liable for your injuries.

Verify the Accuracy of the Report

Occasionally, small errors may appear in a police report. These can include incorrect locations, times, or even misidentified parties. If you notice any inaccuracies, notify your attorney so that they can address them early in the claims process. Correcting errors promptly ensures that your case proceeds based on the most accurate information available.

Gather Evidence at the Scene if Possible

If your injuries allow, collecting evidence at the scene can greatly strengthen your claim. Photographs and videos can tell the story of what happened far better than memory alone. Take photos of the surrounding area, crosswalks, traffic signals, and any visible injuries or damage to personal belongings. This evidence can help demonstrate how the driver’s actions or unsafe road conditions contributed to the crash.

Identify Witnesses and Exchange Information

If bystanders witnessed the accident, ask for their names and contact information. Independent witnesses can provide objective statements that support your version of events. You should also exchange contact and insurance information with the driver involved, but avoid discussing fault or making any statements that could be interpreted as admitting responsibility.

Keep a Personal Record of What Happened

Writing down your recollection of the accident while it’s still fresh in your mind can be incredibly helpful later. Include the date, time, location, weather conditions, and anything you remember about how the crash occurred. These details may fade over time, but keeping a written account preserves your perspective and gives your attorney important insights into the sequence of events.

Notify Your Insurance Company

Even though you were a pedestrian, your own insurance policy may offer coverage for medical expenses or lost wages through personal injury protection or uninsured motorist benefits. Contacting your insurer promptly allows you to explore all potential sources of recovery. When speaking with any insurance representative, provide basic facts about the accident but avoid offering opinions or recorded statements until you have spoken with an attorney.

Be Cautious When Dealing With Insurance Adjusters

Insurance adjusters often sound sympathetic, but their goal is to minimize the amount their company pays out. They may pressure you to settle quickly before the full extent of your injuries is known. Politely decline any settlement offers until you fully understand your medical prognosis and the true value of your case. An experienced pedestrian accident lawyer can handle these conversations to protect your interests.

Review All Settlement Offers Carefully

Any settlement offer you receive should be reviewed with a lawyer before acceptance. Once you sign a release, you forfeit your right to pursue additional compensation, even if new injuries surface later. Taking the time to have an attorney evaluate the offer ensures that your decision is based on the complete picture, not just immediate financial relief.

Contact a San Diego Pedestrian Accident Attorney

The process of pursuing a claim after a pedestrian accident can be complicated and time-sensitive. Having an attorney on your side early in the process ensures that important evidence is preserved, deadlines are met, and your rights are fully protected. A lawyer who specializes in pedestrian injury cases can help determine who is at fault, calculate your total damages, and represent you in negotiations or litigation.

Why Legal Guidance Makes a Difference

Pedestrian accident claims often involve multiple parties, from negligent drivers to city agencies responsible for maintaining safe crosswalks. An attorney understands how to navigate these complex issues and identify every potential source of compensation. They can also gather expert testimony, reconstruct the scene, and negotiate aggressively with insurance companies to ensure you receive the justice you deserve.

Taking the First Step Toward Recovery

Reaching out to a San Diego pedestrian accident attorney as soon as possible allows you to focus on healing while they handle the legal side of your case. Early legal involvement provides peace of mind and ensures that nothing is overlooked. With strong representation, you can move forward knowing that every aspect of your recovery, financial, physical, and emotional, is being protected.

Damages Available After a San Diego Pedestrian Accident

A pedestrian accident often leaves victims facing extensive medical bills, long recovery periods, and financial uncertainty. In many cases, the physical pain is only part of the struggle. The emotional and financial toll can linger for months or even years after the crash. Victims who were injured because of another person’s negligence have the right to pursue compensation for their losses through a personal injury claim. Understanding the different types of damages available after a San Diego pedestrian accident can help you know what to expect and what your case may be worth.

Economic Damages in San Diego Pedestrian Accident Cases

Economic damages are the measurable financial losses that result directly from a pedestrian accident. These damages represent the tangible costs that can be proven through bills, receipts, and financial records. They form the foundation of most personal injury claims and often include medical expenses, lost income, and future financial losses.

Medical Expenses and Future Treatment Costs

Medical bills are often one of the most significant expenses following a pedestrian injury. These can include emergency room visits, surgeries, diagnostic tests, and hospital stays. Many victims also require rehabilitation, medication, and specialized care long after the initial incident. The cost of future medical care, such as ongoing physical therapy or pain management, is also taken into account when calculating total compensation.

How Medical Documentation Supports Your Claim

Keeping detailed records of all medical treatment is vital to proving the extent of your injuries. Every invoice, doctor’s note, and prescription can serve as evidence of the financial impact the accident has had on your life. Insurance companies often challenge medical expenses, which makes accurate documentation essential to recovering full compensation.

Lost Wages and Reduced Earning Capacity

Pedestrian accident victims often miss time from work while recovering from their injuries. This loss of income can create additional financial strain, especially when medical bills are piling up. If your injuries prevent you from returning to your previous job or earning the same income, you may also be entitled to compensation for reduced earning potential.

Demonstrating Income Loss in a Pedestrian Injury Claim

To prove lost wages, victims typically need to provide pay stubs, employment records, and tax returns that show consistent earnings before the accident. In cases involving permanent injuries, experts may calculate projected lifetime losses to account for a diminished ability to work. By presenting clear financial evidence, your attorney can ensure these damages are fully included in your claim.

Non-Economic Damages After a Pedestrian Injury

Non-economic damages compensate victims for the emotional and psychological effects of an accident. While these losses are not tied to receipts or specific amounts, they are just as real as physical injuries. The law recognizes that pain, suffering, and emotional distress have lasting consequences on a person’s quality of life.

Pain and Suffering After a Pedestrian Accident

Injuries caused by pedestrian crashes often result in significant pain that can affect daily life and physical abilities. These damages account for both the immediate pain and any chronic discomfort that develops during recovery. The intensity, duration, and long-term impact of pain are all considered when calculating compensation.

Loss of Enjoyment of Life

When an injury prevents a victim from engaging in activities they once loved, the law allows for compensation related to the loss of enjoyment of life. Whether it’s being unable to take a walk, play with children, or participate in hobbies, these changes have a serious emotional effect. Non-economic damages help restore a sense of fairness by recognizing how deeply injuries can change a person’s life.

Emotional Distress and Mental Health Effects

Pedestrian accidents can cause anxiety, depression, or post-traumatic stress that lasts long after physical wounds have healed. Many victims struggle with fear of crossing streets or reliving the incident in their minds. Emotional distress damages acknowledge these psychological challenges and aim to provide support for therapy or counseling that helps victims regain a sense of normalcy.

How Emotional Injuries Affect Recovery

Mental health issues can slow physical recovery and interfere with daily responsibilities. Victims who seek professional help and document their struggles show that their emotional pain is both real and significant. This evidence strengthens a claim for non-economic damages by connecting mental health challenges directly to the trauma of the accident.

Punitive Damages in Serious San Diego Pedestrian Accident Cases

In certain situations, the court may award punitive damages in addition to economic and non-economic compensation. These damages are designed to punish defendants who acted with extreme recklessness or intentional misconduct. Punitive damages are not awarded in every case, but when they are, they serve as a reminder that negligent behavior has serious consequences.

When Punitive Damages May Apply

Punitive damages are typically considered when the responsible party’s actions were especially dangerous, such as driving under the influence or intentionally violating traffic laws. These cases demonstrate a disregard for the safety of others, and the law allows courts to impose additional penalties to discourage similar behavior.

The Role of Evidence in Proving Gross Negligence

To recover punitive damages, your attorney must present strong evidence showing that the defendant’s behavior went beyond ordinary negligence. Testimony, surveillance footage, and official reports can all help establish a pattern of reckless conduct. The stronger the proof, the greater the likelihood that a court will consider imposing punitive damages.

Calculating Total Damages After a Pedestrian Accident

Determining the full value of a pedestrian accident claim involves careful review of all economic and non-economic losses. Because every case is unique, the final settlement amount will depend on factors such as the severity of injuries, the length of recovery, and the impact on future earning ability.

How Attorneys Estimate the Value of a Claim

An experienced San Diego pedestrian accident lawyer will analyze medical records, employment documents, and expert opinions to calculate total damages. They will also consider how the injury has changed your daily life and ability to earn a living. With this information, they can present a strong case to insurers or the court that accurately reflects your losses.

Why Early Legal Guidance Matters

Consulting with an attorney soon after your accident ensures that no detail is overlooked in calculating damages. Early involvement allows your lawyer to collect evidence, evaluate long-term needs, and negotiate effectively for fair compensation. Taking this step early in the process can make a significant difference in the outcome of your case.

How a Lawyer Helps Your Case

After a pedestrian accident, most people find themselves facing overwhelming questions about medical bills, insurance coverage, and how to hold the responsible party accountable. The process can be confusing and stressful, especially while you are still recovering from your injuries. Having a lawyer on your side provides direction, protection, and peace of mind. An experienced San Diego pedestrian accident attorney knows how to handle every detail of your case, from investigating the crash to negotiating with insurance companies and, if necessary, taking your claim to court.

Understanding the Role of a Pedestrian Accident Attorney

A pedestrian accident lawyer does much more than file paperwork or communicate with insurers. Their primary role is to protect your legal rights and make sure you receive the full compensation you deserve. They know how to build strong claims, gather evidence, and develop legal strategies that reflect the specific facts of your case.

Evaluating Your Case and Identifying Liable Parties

The first step an attorney takes is to evaluate your situation to determine whether you have a valid personal injury claim. They review the police report, witness statements, and medical records to identify who is responsible for your injuries. In some cases, more than one party may share liability, such as a negligent driver and a property owner who failed to maintain safe conditions. By identifying all potential defendants, your attorney ensures that no avenue for recovery is left unexplored.

Determining Fault Based on Evidence

To establish fault, your lawyer will look for evidence that demonstrates how the driver or another party acted negligently. This may include proving that the driver failed to yield at a crosswalk, ignored traffic signals, or was distracted at the time of the collision. The evidence gathered during this stage forms the foundation of your claim and directly influences the amount of compensation you may receive.

Investigating the Accident and Gathering Evidence

A thorough investigation is crucial to proving negligence in a pedestrian accident claim. Attorneys have access to resources and tools that allow them to gather evidence quickly and efficiently. This includes reviewing photographs, interviewing witnesses, and working with experts who can reconstruct the events leading up to the crash.

Collecting Medical Records and Injury Documentation

Medical documentation is one of the most important components of your case. Your attorney will collect records from hospitals, clinics, and specialists to demonstrate the full extent of your injuries. These records help establish a direct connection between the accident and your physical condition, which is critical when negotiating with insurance companies or presenting your case in court.

Using Expert Testimony to Strengthen Your Claim

In complex cases, attorneys often work with medical and accident reconstruction experts to strengthen the evidence. Expert opinions help explain technical information in a way that judges and juries can understand. Their testimony can clarify the cause of the accident, the severity of injuries, and the expected long-term effects, giving your case additional credibility.

Communicating With Insurance Companies

Dealing with insurance companies after a pedestrian accident can be challenging. Adjusters are trained to protect the company’s interests and minimize payouts. A lawyer takes over these communications so you do not have to worry about saying something that could harm your case.

Negotiating Fair Compensation

Insurance companies often start with low settlement offers in hopes that injured victims will accept less than they deserve. An attorney knows how to counter these tactics with strong evidence and persuasive negotiation. They will ensure that any settlement reflects the full scope of your damages, including medical bills, lost income, and emotional suffering.

Protecting You From Bad Faith Practices

Some insurers delay claims or deny them without valid reasons. These actions are known as bad faith practices and can further complicate your recovery. A pedestrian accident lawyer recognizes these tactics and takes action to hold insurance companies accountable, ensuring that your claim receives the attention and fairness it deserves.

Preparing Your Case for Trial

While many pedestrian accident claims settle outside of court, some cases require litigation to achieve a fair result. If negotiations do not lead to a satisfactory settlement, your attorney will be ready to take your case before a judge and jury.

Building a Strong Legal Argument

In preparation for trial, your lawyer will organize evidence, prepare witnesses, and develop arguments that clearly explain how the defendant’s negligence caused your injuries. Every detail matters, from how the scene is described to how the evidence is presented. A well-prepared case increases the likelihood of success whether in settlement discussions or in the courtroom.

Presenting Your Case Before the Court

When a case goes to trial, your attorney represents you at every stage of the proceedings. They will present evidence, question witnesses, and make legal arguments on your behalf. Their goal is to ensure that the court fully understands the impact of the accident on your life and awards compensation that reflects your losses.

Handling Post-Trial Motions and Appeals

If necessary, your lawyer can also handle post-trial motions or appeals. These steps may be required if the outcome of the trial does not accurately reflect the evidence or if legal errors occurred during the process. Having experienced representation ensures that your rights remain protected even after the trial ends.

Providing Guidance and Emotional Support

Beyond the legal aspects, having an attorney provides a sense of reassurance during a difficult time. Recovering from a pedestrian accident often involves both physical and emotional challenges, and a supportive lawyer can make the process easier to manage.

Keeping You Informed Every Step of the Way

Your attorney will explain each stage of your case, from filing the claim to potential settlement discussions. This communication helps you stay informed and confident in the decisions being made on your behalf. Knowing what to expect helps reduce stress and allows you to focus on recovery.

Offering Compassionate Representation

An experienced San Diego pedestrian accident lawyer understands that every client’s situation is unique. They take the time to listen to your concerns, answer your questions, and provide guidance tailored to your needs. Having someone who truly cares about your outcome can make a significant difference in how you experience the legal process.

Why Legal Representation Is Essential After a Pedestrian Accident

The legal process following a pedestrian accident can be complex, time-sensitive, and emotionally draining. Without professional guidance, it is easy to make mistakes that could weaken your case or reduce your potential compensation. A lawyer ensures that every detail is handled correctly, deadlines are met, and your interests are protected from start to finish.

Achieving Fair Results Through Skilled Advocacy

A pedestrian accident attorney has the knowledge and experience needed to navigate California’s personal injury laws. Their advocacy helps level the playing field against powerful insurance companies and defense attorneys. By trusting a skilled lawyer with your case, you increase your chances of securing the financial recovery you need to rebuild your life.

Taking Control of Your Future

Hiring a lawyer allows you to focus on healing while your legal team handles the details of your case. This partnership not only relieves stress but also ensures that your rights are fully represented at every stage. Taking action with professional help gives you the best opportunity to move forward after a pedestrian accident with confidence and stability.

Contact a San Diego Pedestrian Accident Lawyer Today

If you were injured in a pedestrian accident in San Diego, you don’t have to face the aftermath alone. Recovering from serious injuries while trying to deal with insurance companies and medical bills can feel overwhelming, but experienced legal guidance can make a difference. Taking action early helps protect your rights, preserve important evidence, and set the foundation for full compensation.

At Gershen Law, we understand the challenges that come after a pedestrian accident. Our team works tirelessly to hold negligent drivers accountable and to help you rebuild your life. We focus on every detail of your case, from investigating the crash to pursuing the financial recovery you deserve.

Call (619) 731-0227 today or reach us through our online contact form to schedule your free consultation. Let us help you move forward with confidence and take back control of your future.