San Diego Pedestrian Accident Lawyer

If you have been injured in a pedestrian accident — hit by a car, truck or other motor vehicle while not in or on a vehicle yourself — Harker Injury Law is prepared to take up your case. We’ll fight for the compensation you deserve for your injuries and losses. We’ll seek all the compensation you deserve, from all parties that may owe you, for your medical bills, lost income and more.

Contact Harker Injury Law today for a free discussion of how we can help you. Our cases are about people, not profits. We’ll fight to make your financial future right.

San Diego Among Most Dangerous for Pedestrian Accidents

The California Office for Traffic Safety said nearly 25 percent of all roadways deaths in the state were pedestrians killed on California roadways.

According to the San Diego Association of Governments (SANDAG), 68 pedestrians were killed in traffic crashes in San Diego County during 2023, accounting for nearly one-third of all traffic fatalities reported that year. In total, San Diego County recorded 217 traffic deaths in 2023, underscoring the ongoing dangers pedestrians face on local roads.

Statewide, California recorded 1,106 pedestrian fatalities in 2023, the highest total of any state in the nation. Although this represented a slight decrease from the previous year, pedestrian deaths remain significantly higher than they were a decade ago. California’s pedestrian fatality rate continues to exceed the national average, highlighting the importance of safer driving practices, improved roadway design, and increased awareness among motorists.

Many pedestrian collisions occur at intersections, crosswalks, and other high-traffic areas where drivers fail to yield, speed, drive distracted, or otherwise act negligently. Because pedestrians have little protection during a collision, these crashes often result in catastrophic injuries or fatalities.

The City found that five types of driver errors / traffic violation caused nearly half of pedestrian fatalities and serious injuries. They were:

• Driver’s failure to yield the right-of-way to pedestrian
• Driver’s failure to exercise due care for safety of pedestrian
• Unsafe backing and starting
• Improper turn
• Violation of traffic signals and signs

According to the City of San Diego report:

Compared to traffic collisions, pedestrian collisions are much more likely to result in severe injuries, pain and suffering, long-term disabilities, or death. In addition, pedestrian collisions result in substantial economic costs, including medical expenses, lost workplace productivity [and lost earnings by the accident victim], emergency response costs, and legal expenses, in addition to lost quality of life resulting from disabling injuries and fatalities.

The City’s audit also said:

1. Police issued too few citations for the number of drivers involved in pedestrian accidents.
2. Many intersections with the most frequent pedestrian collisions, injuries and fatalities were older and had not been modernized to improve pedestrian safety.
3. There were many steps the city could take to improve safety.

While City leaders work to combat the number of pedestrian accidents in San Diego, those who are injured or who lose loved ones to negligent drivers or other forms of negligence deserve assistance, as well.

Bronson Harker and Harker Injury Law provide that assistance in San Diego, as well as in the El Cajon, Escondido, and Riverside areas of Southern California. If someone else caused your or your loved one’s pedestrian accident, we can help you seek compensation for your medical bills, lost wages, pain and suffering, and more.

Investigating Pedestrian Accidents and Seeking Compensation

If you or a loved one has been badly injured in a pedestrian accident, you should get legal help from an experienced California pedestrian accident attorney as soon as possible. With a prompt response, Harker Injury Law can begin quickly to gather evidence necessary to pursue compensation for you.

To start, we will meet with you to review the circumstances of your accident, the extent of your injuries, and the potential for a claim to result in compensation for you. If you were not at fault for the accident, it’s possible the parties at-fault can be held accountable and compelled to compensate you.

If others were with you when your accident happened, we will get witness statements from them, as well as your statements. We will also seek out the driver that hit you and any other witnesses we can identify.

Increasingly, we can locate video camera footage of accidents that occur in urbanized areas, which can prove invaluable to an insurance claim.

We can also seek a variety of other evidence to demonstrate how or why the accident happened:

• The police report from your pedestrian accident, which may include a charge against the driver.
• Accident scene evidence (skid marks or lack thereof, victim drag marks, visibility issues, traffic control devices, etc.).
• The driver’s vehicle damage (dented hood, broken windshield, etc.), which illustrates speed at impact.
• Damage to your clothing, shoes, jewelry, personal belongings, etc., which may also illustrate speed and force of vehicle impact.
• Your medical records, which may show injuries, such as head and traumatic brain injuries; soft tissue injuries (contusions, abrasions, lacerations, degloving); torn knee ligaments; long-bone fractures (tibia, fibula and femur); hip, pelvis and/or rib fractures; and/or internal organ damage.
• Driver cell phone records, which may indicate distracted driving activity at the time of the crash.
• Social media accounts, in which negligent drivers sometimes incriminate themselves after causing accidents.

After identifying who should be held liable for your accident and injuries, we will continue our work to:

• Calculate your losses. We seek compensation for past, present and future losses suffered in pedestrian accidents. Independent medical professionals we regularly work with can analyze your medical records and recovery prognosis to project anticipated medical needs. We also calculate lost income, including losses if your injuries lead to diminished earnings. We will talk to you about recording your experiences as you go through medical treatment and recovery to show your pain and suffering, which is also compensable.
• Manage your insurance claim. We will take the burden of dealing with insurers off your shoulders so you may focus on recovery. We will identify all insurance coverage held by parties responsible for your accident, and file all possible claims for full compensation to you. If insurers fail to make full and prompt payment, we file personal injury lawsuits to demanding compensation, and ask the court to order payment.
• Negotiate aggressively, and go to court if necessary. We will push insurers to provide full payment of your claim. Most personal injury claims can be settled outside of court. If we cannot obtain an appropriate settlement, we will go to court ready to present a solid and persuasive case before the jury.
• Serve as your attentive legal representatives. With Bronson Harker as your attorney, you have 24/7 access to the Harker Injury Law team by text or phone call. Your legal team will make sure you are updated on the status of your case and that your questions and concerns are answered. We will make sure we are up to date, as well, on your medical treatment and recovery, and whether there is more we can do to assist you. We can also send “letters of representation” to your creditors to advise them that Harker Injury Law is pursuing a legal claim on your behalf, and that payment is pending.

Before you agree to anything proposed or presented by any insurance company after a pedestrian accident, contact Bronson Harker at Harker Injury Law in San Diego.

Insurance adjusters who contact you after an accident and injuries have no obligation to treat you fairly. Their only obligation is to their employer’s bottom line. They work to pay as little as possible for claims like yours.

Harker Injury Law will develop an insurance claim that accounts for all your losses.

Remember, it costs you nothing upfront to seek justice with Harker Injury Law by your side. We pay all investigative and legal costs up front in personal injury cases, and only accept payment as an agreed-upon portion of money we win for you.

We emphasize quality of service, not quantity of cases. We win when you win.

Compensation for Disabilities Suffered in a Pedestrian Accident

It is unavoidable that many pedestrians who are hit by cars and trucks are permanently disabled by their injuries. This makes it necessary to document accident victims’ future costs and losses to obtain full and fair compensation.

Ideally, a successful claim should leave you without debt or financial hardships in the future, regardless of the extent of your injuries.

Harker Injury Law turns to consultants to ensure claims we file for disabled clients provide a full accounting of the compensation our clients require.

We work with experts to develop life care plans, which document anticipated medical costs required by individuals with catastrophic injuries. A life care plan is customized to provide detailed accounting of multiple needs and their costs over the individual’s expected lifespan.

A life care plan may address current and future need for:

• Medical care, including tests, exams, treatment, reparative or cosmetic surgery
• Rehabilitation, such as physical, occupational and vocational therapy
• Psychological assessment and counseling
• Medication
• Consumable medical products
• Adaptive devices (walkers, wheelchairs, communication instruments, etc.), including maintenance and replacement schedules
• Prosthetics
• Orthotics
• Hired transportation assistance or adapted transportation (modified vehicle controls, van with lift, etc.), including maintenance and eventual replacement
• Home adaptations (ramps, wider doorways, lavatory renovations, hospital bed, etc.)
• Personal and medical assistance in home
• Institutional care, if necessary

Family members traumatized by witnessing a pedestrian accident or by a loved one’s catastrophic injuries may have compensable needs, as well. For example, the spouse or child of a disabled accident victim may suffer depression or other emotional issues and benefit from psychological counseling.

Disabling injuries also cause loss of income, which we can calculate with the help of financial consultants. Depending on the injured pedestrian’s education, training, and employment prior to the accident, lost income may be calculated according to the value of:

• Salary, including unrealized COLA and merit raises.
• Salary or wage increases that would have been realized due to anticipated promotion or other career advancement.
• Fringe benefits, including insurance, retirement plan contributions and other tax-deferred payments, stock options, etc., including unrealized growth of invested funds.

The New 2025 Protect California Drivers Act and Its Impact on Pedestrian Accidents

Senate Bill 1107, the Protect California Drivers Act, significantly impacts pedestrian accident cases by enhancing financial protections. Effective January 1, 2025, the bill raises California’s auto insurance minimums to $30,000 for bodily injury per person, $60,000 per accident, and $15,000 for property damage. These increases provide better coverage for medical expenses, lost wages, and other costs incurred by pedestrians injured in motor vehicle accidents.

With the higher minimums, accident victims are less likely to face out-of-pocket expenses due to underinsured drivers, reducing the financial strain on pedestrians. This shift aligns coverage with today’s medical and repair costs, creating a stronger safety net for vulnerable road users. However, the potential rise in uninsured drivers due to higher premiums underscores the importance of Uninsured/Underinsured Motorist (UM/UIM) coverage for pedestrians. Overall, the bill addresses long-standing gaps in protection, offering pedestrians greater legal and financial recourse in accidents, though affordability challenges for drivers remain a concern.

Harker Injury Law has the knowledge, experience and dedication required to go the extra mile on a pedestrian accident claim for you. We want you to have all the compensation available to you, and will fight for every dollar you deserve.

Harker Injury Law also has a track record of holding individuals and other entities accountable when their negligence has left our clients seriously injured. We never back down from negligent defendants and their insurers. We’ll fight for you.

Frequently Asked Questions About Pedestrian Accident Claims

What should I do after being hit by a vehicle?

Seek immediate medical attention, even if you believe your injuries are minor. Report the accident to law enforcement, gather contact information from witnesses if possible, and preserve any evidence related to the collision. Contacting an attorney early can help protect your rights.

Can I recover compensation if I was not in a crosswalk?

Possibly. California follows a comparative negligence system, which means you may still be able to recover compensation even if you were partially at fault for the accident. The specific facts of the case will determine how liability is allocated.

What damages can I recover in a pedestrian accident claim?

Depending on the circumstances, you may be entitled to compensation for medical expenses, future medical care, lost wages, diminished earning capacity, pain and suffering, emotional distress, and other accident-related losses.

How is fault determined in a pedestrian accident?

Fault is determined through an investigation that may include police reports, surveillance footage, witness statements, accident reconstruction analysis, traffic signal data, and other available evidence.

What if the driver fled the scene after hitting me?

You may still have options for compensation. Depending on the circumstances, recovery may be available through uninsured motorist coverage or other sources. An attorney can help identify all available avenues for compensation.

Are pedestrian accident injuries usually serious?

Yes. Because pedestrians lack the protection afforded to vehicle occupants, these accidents frequently result in severe injuries that require extensive medical treatment and long-term recovery.

How long do I have to file a pedestrian accident lawsuit in California?

In most cases, California law gives injury victims two years from the date of the accident to file a personal injury lawsuit. However, exceptions may apply, especially if a government entity is involved.

What if a dangerous roadway condition contributed to the accident?

Poor lighting, malfunctioning traffic signals, obstructed crosswalks, inadequate signage, or unsafe road design may contribute to pedestrian accidents. In some cases, a government entity or other responsible party may share liability.

Will my pedestrian accident case go to trial?

Many claims are resolved through settlement negotiations. However, if the insurance company refuses to offer fair compensation, Harker Injury Law is prepared to take your case to court and advocate aggressively on your behalf.

Why should I hire Harker Injury Law after a pedestrian accident?

Pedestrian accident cases often involve severe injuries and substantial damages. Harker Injury Law works tirelessly to investigate the collision, hold negligent parties accountable, and pursue the maximum compensation available. Call 760-INJURED today for a free consultation.

Contact Our San Diego Pedestrian Accident Lawyers

If you or a loved one has been seriously injured in a pedestrian accident – hit by a car, truck, motorcycle or another motor vehicle while walking, running, standing, etc., in or alongside a roadway — Harker Injury Law will fight to make things right financially for you and your family. We work with individuals and families injured by others’ negligence from throughout the San Diego, El Cajon, Escondido and Riverside areas of Southern California.

San Diego attorney Bronson Harker fights aggressively to go after the compensation each client needs to move forward after a catastrophic accident. The Harker Injury Law team has the resources and skill necessary to fight insurance companies that seek only to protect their own profit-margins. We know serious injury and its long-term effects. We will always put your best interests first.

We provide legal services on a contingency-fee basis. We’ll investigate your accident and pursue the maximum compensation available to you without charge unless and until we recover a payment to you.

Contact us now for a free initial legal consultation about pursuing compensation for you.