Premier Pedestrian Accident Attorneys in San Diego, California
When a driver strikes a pedestrian, the injuries that ensue can be devastating.
For many people across the state, walking is the favored method of transportation, and the state’s mild year-round weather makes this even more feasible. Pedestrians, however, are constantly at risk for being injured by a moving vehicle, which is especially true when a person walks on a busy street.
Recently, the California Office of Traffic Safety reported that there were a total of 893 pedestrian fatalities recorded in 2018. Sadly, pedestrian fatalities increased from 194 in 2017 to 195 in 2018 for people over the age of 65. Although state and local agencies are doing whatever possible to decrease the risk of injury for pedestrians, the probability of injury remains present.
Obtain the Support of an Attorney With More Than Three Decades of Legal Experience
Being struck by a vehicle can be a terrifying and extremely painful experience. When an accident happens, compensation can be achieved through a claim filed against the careless driver. Filing a claim, however, can demand extensive legal knowledge, and the support of a qualified attorney is necessary.
For over 30 years, Attorney Domingo Castillo has worked in the insurance claims industry. As a prior insurance claims adjuster and senior claims examiner, he has handled thousands of cases for insurance carriers like Allstate, Cigna and many more. With a professional portfolio that includes triumphantly bringing justice to more than 10,000 clients, the attorneys at Castillo & Associates are exceptional leaders in their respective field. Consider obtaining a free case evaluation with the firm today.
Comparative Negligence As It Relates to Pedestrian Accidents in California
If you were injured in a car accident, you may be wondering if you have a valid claim. In a majority of cases, the answer is yes, you will be able to file a lawsuit against the driver even if you are found to be partially at-fault for the accident. This is because California follows a less restrictive idea of comparative negligence, meaning fault can be apportioned between all those involved in the accident.
Comparative negligence can be presented in the form of pure comparative negligence or it can be presented as modified comparative negligence. Based on pure comparative negligence, a victim can collect a percentage of the reparations, even if he or she is found primarily responsible for the accident. Based on modified comparative fault, the victim will be barred from receiving compensation if he or she was found over 50 percent at fault in causing the accident. The State of California follows the theory of pure comparative negligence, and therefore does not cap victims from obtaining restitution if found to be more than 50 percent at fault.
Recoverable Damages
In the aftermath of a pedestrian accident, there are several different damages that may be sought, which may include:
- The cost of medical treatments,
- Time missed from work,
- Loss of earning capacity,
- Loss of benefits,
- Pain and suffering,
- Loss of quality of life,
- Emotional trauma,
- Permanent disability, and/or
- Embarrassment
Certain damages may be subject to the specifics of the individual case. For instance, only a plaintiff who was employed at the time of the accident can seek compensation for time missed from work. It should be noted that there are damages that may be difficult to place a numeric value on, such as pain and suffering. Although understandable, it is important to define the damages to obtain a full compensation. Seek the legal advice of a compassionate attorney who can help.
Obtain the Support of an Experienced Pedestrian Accident Attorney
If you or a loved one was involved in an accident while out for a walk, it is critically important to seek the legal guidance and support of an attorney who can ensure one’s right to a fair compensation is protected. As a victim, there are limitations you may encounter when filing a personal injury claim. For example, it may be difficult for you to obtain necessary evidence from the scene at the time of the accident, which is something a skilled attorney will know how to recover. Additionally, even when found partially at-fault, a proficient attorney will help amplify the amount of compensation attainable. After an accident, contact the support of a proficient pedestrian accident attorney as soon as possible.
The exceptionally experienced litigators at Castillo & Associates have triumphantly helped more than 10,000 accident victims obtain the financial compensation they needed in their recovery. Specializing in pedestrian accident cases, the firm has the skills needed to build a strong claim. They are serving clients in Chula Vista, National City, North County, San Marcos, Oceanside, Escondido, San Ysidro and even in Tijuana. Consider contacting the attorneys at Castillo & Associates today.
