A Car Hit Me While Walking in San Diego: Can I Sue?

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San Diego drivers often rush to get to work and are distracted by their phones while driving. When a driver is negligent behind the wheel, they can accidently hit pedestrians in crosswalks, on sidewalks, or in other unexpected areas. It’s essential for drivers to remain aware of their surroundings at all times. If a car hit you while walking in San Diego, you can sue the at-fault party for your losses. 

A San Diego car accident attorney can assess the details of your accident and identify who’s responsible for hitting you. More often than not, a negligent driver will be liable for any losses you’ve suffered, but sometimes, a car manufacturer or a government entity may instead or also be at fault. Having evidence from your accident to support your case in court can make it easier to obtain the maximum settlement.

How Pedestrian Accidents Occur

Pedestrian accidents occasionally occur because a pedestrian is negligent and walks out into the road when they don’t have the right of way; however, more often than not, negligent drivers cause pedestrian accidents. Even if a pedestrian is in the road and they aren’t at a crosswalk, a vehicle driver should watch the road and be able to stop before injuring the pedestrian. 

Negligent drivers may not see the pedestrian in the road if they’re texting while driving, speeding, driving under the influence, failing to yield, improperly changing lanes, or disobeying other rules of the road, for example. A negligent driver may also hit a pedestrian if they crash because of an unavoidable roadway hazard, poor visibility, or a car malfunction. Some cases won’t qualify for a settlement, but others do.

Proving Fault in Your Pedestrian Accident Case

To prove fault in a pedestrian accident case, you must obtain evidence from your accident to support your claim in court. If a car hit you at an intersection, it may be possible to obtain photographs and video footage from a traffic camera at the intersection. You can also try to get witness statements from anyone else present at the scene of the accident.

Damages You Can Recover in Your Accident Claim

Once you can successfully prove fault against the driver or other at-fault party in your accident, you can work to recover compensation for both your financial and nonfinancial losses. Your financial losses may include medical expenses for injury treatment and lost wages for the time you’ve taken out of work, as a couple examples. Your nonfinancial losses may include things like scarring and disfigurement, emotional distress, and loss of consortium.

How an Attorney Can Help Increase Your Settlement

Speaking to an attorney can be key if you want to increase your personal injury settlement because they’ll negotiate on your behalf in court. No pedestrian deserves to suffer injuries because of a negligent driver or any other negligent party on the road. By obtaining a settlement, you can recover more quickly by getting the best possible treatment for your injuries.

As you focus on returning to normal life, your legal team can focus on maximizing your claim in court.

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