Have you been injured as a pedestrian in Encinitas, California? Call Petrov Personal Injury Lawyers at (619) 344-0360 to discuss your legal rights. If your accident happened because someone else was negligent, you may be entitled to compensation for your medical expenses, loss of income, and other damages. Our experienced Encinitas pedestrian accident lawyers can help you maximize your recovery.
For more than a decade, Petrov Personal Injury Lawyers has helped injured pedestrians and devastated families fight back after life-changing traffic accidents. As award-winning California litigators with over 20 years of experience, we offer clients the edge needed to take on powerful insurance companies and win meaningful results.
We’ve won more than $40 million for our clients. Now, we’re ready to fight for you after your pedestrian accident, too. Contact our law office serving Encinitas, CA, to schedule a free consultation with our Encinitas pedestrian accident attorney.
How Petrov Personal Injury Lawyers Can Help If You’ve Been in a Pedestrian Accident in Encinitas, CA
Getting hit by a car in Encinitas, CA can change your life forever. You shouldn’t be expected to deal with the consequences alone. Someone was careless and caused you to get hurt. They must be held accountable.
Focus on recovering from your catastrophic injuries and let our Encinitas personal injury lawyers launch an aggressive pursuit of compensation for you.
When you turn to Petrov Personal Injury Lawyers for help after a pedestrian accident, you can count on us to:
- Coordinate a thorough investigation into your pedestrian accident
- Obtain the accident report, medical records, witness statements, red light, and dash cam recordings, photographs of the scene, injuries, damaged property, and other evidence
- Consult expert witnesses who can provide support as we build your case
- Anticipate and defend against claims of comparative negligence
- Prepare and file all claims and documents with the insurance company and/or local court
- Aggressively pursue a top-dollar settlement during negotiations
- Explain the benefits and drawbacks of accepting any settlement offers you receive
- Argue your pedestrian accident lawsuit at trial in San Diego County, if necessary
At Petrov Personal Injury Lawyers, we’re highly skilled negotiators who will do everything in our power to get you a meaningful settlement. However, we won’t hesitate to bring your case to a jury if the insurance company doesn’t take your case seriously or offer a meaningful settlement. We’ll go to great lengths to help you navigate this difficult time and get the money you need and deserve.
We work on a contingency fee basis, so there’s no cost to ask for our help unless we win your pedestrian accident case. Call our Encinitas car accident attorneys to get started with a free consultation today.
Encinitas Pedestrian Accident Statistics
With a Walk Score of 43, Encinitas is not a particularly walkable city. Unfortunately, several pedestrians are still injured and killed in local traffic accidents every year.
According to data from the California Office of Traffic Safety (OTS), there were a total of 10 pedestrian accidents in Encinitas in 2022. At least 9 people were injured, and another 3 were killed in these crashes.
What Are the Leading Causes of Pedestrian Accidents?
Some of the most commonly reported causes of pedestrian accidents in Encinitas, CA, include:
- Distracted driving
- Drunk driving
- Fatigued driving
- Speeding
- Failing to yield the right of way
- Running red lights and stop signs
- Rolling stops
- Illegal turns
- Failing to look for pedestrians in intersections and at marked crosswalks
- Damaged sidewalks
- Roadways without sidewalks
Typically, pedestrians are involved in motor vehicle accidents when someone is negligent. Negligence means that someone acts unreasonably under the circumstances, which, in turn, causes another person’s injury or death.
Our pedestrian accident lawyers in Encinitas will dig into the details of your case to determine exactly why and how it happened. Determining the cause will allow us to determine liability and begin to construct a compelling legal claim on your behalf.
Who’s Liable for an Encinitas Pedestrian Accident?
Under California law, anyone who contributes to a pedestrian accident can be liable for resulting damages.
Once our attorneys have carefully analyzed your case, we might determine that one or more of the following parties are responsible for damages:
- Driver of a passenger vehicle
- Truck driver
- Bus driver
- Transit company
- Motorcyclist
- Bicyclist
- Another pedestrian
- Property owner
- Government agency
- Employer of a negligent party
Once liability is clear, we will be tenacious in our pursuit of compensation from everyone who contributed to your pedestrian accident. Seeking damages from all liable parties is important as we seek to maximize your recovery.
How Much Is My Pedestrian Accident Case Worth?
Many factors can potentially impact the amount of money you can recover through a pedestrian injury claim, including:
- What types of injuries did you suffer?
- How severe are your injuries?
- Will you require long-term medical care or treatment?
- Will you suffer from a permanent disability?
- Can you still work?
- Has your earning capacity changed since the accident?
- Are you being blamed for the pedestrian accident?
- What steps did you take to mitigate your damages?
- How old are you?
- How has your quality of life changed?
The best way to know what your case might be worth is by discussing the details of your case with an experienced personal injury attorney near you in Encinitas. Call Petrov Personal Injury Lawyers to set up your free case evaluation today.
Can Comparative Fault Affect My California Pedestrian Accident Settlement?
California is one of several states to adopt a system of pure comparative negligence. Under the law, sharing any degree of responsibility for a pedestrian accident will adversely affect your damages.
Your settlement or jury award will be reduced proportionately to fault. Let’s say you’re seriously injured in an Encinitas pedestrian accident. Your case is worth $100,000. However, you’re assigned 10 percent of the blame for the accident. As a result, your maximum financial recovery will be $90,000.
Don’t be surprised when the negligent party and/or insurance company attempts to blame you for the accident. These tactics, left unchallenged, can shift liability and limit how much money you’re ultimately awarded.
Our pedestrian accident lawyers in Encinitas will be ready for these types of allegations. We’ll defend you at every turn, working hard to minimize their impact on your case.
What Damages Can Be Awarded to an Injured Pedestrian in Encinitas?
As an injured pedestrian in California, you can file a legal claim to recover compensatory damages from a liable party and/or insurance company.
Compensatory damages include money to cover monetary costs related to your accident (economic damages) and harder-to-value life changes you experience as a victim (non-economic damages).
Petrov Personal Injury Lawyers will aggressively seek all damages to which you’re entitled under California state law, which can include:
- Current and future medical bills
- Disability
- Lost wages
- Rehabilitation
- Property damage
- Nursing care
- Funeral expenses if a pedestrian accident is fatal
- Pain and suffering
- Emotional distress
- Post-traumatic stress disorder (PTSD)
- Loss of consortium
- Loss of enjoyment of life
- Embarrassment
- Disfigurement
Punitive damages can also be awarded in certain situations. California gives juries the discretion to award punitive damages when there is clear and convincing evidence that a defendant acted intentionally or with reckless disregard for a plaintiff’s safety.
Common Pedestrian Accident Injuries
Pedestrians don’t have the protection offered by a large steel frame, seatbelts, airbags, a helmet, or other safety gear. As a result, they’re much more likely than others to be catastrophically injured or killed in an accident.
Some of the most commonly reported pedestrian injuries include:
- Concussion
- Traumatic brain injury
- Back injury
- Neck injury
- Spinal cord injury
- Soft tissue damage
- Nerve damage
- Amputation
- Eye injury
- Crush injury
- Broken bones
- Burn injury
- Catastrophic injury
- Wrongful death
Report your accident and get to the closest emergency room immediately after you’re hit by a car in Encinitas. Prompt care is critical for limiting the scope of your injuries and preventing potential complications. Seeking care is also a great way to generate evidence showing the link between the accident and your injuries.
What is the Statute of Limitations for California Pedestrian Accident Cases?
You’ll have two years from the date of your Encinitas pedestrian accident to file a legal claim for damages.
If you’ve lost a family member in a fatal pedestrian accident, you’ll have two years from their death to pursue damages in a wrongful death action.
You must file your claim before the statute of limitations expires. Once the deadline passes, you’ll give up the right to seek compensation.
Schedule a Free Consultation With a Trusted Encinitas Pedestrian Accident Lawyer
Did you suffer injuries in a pedestrian accident in Encinitas, California? Do not struggle with the aftermath alone. Call Petrov Personal Injury Lawyers and discover how we can help you stand up to the insurance company and fight for the compensation you deserve.
Our Encinitas pedestrian accident lawyers have over 20 years of experience. We’ve won in excess of $40 million through passionate legal representation. Put us in your corner today.
Your first consultation is free. Call our law office to get started today.
