San Diego is a particularly dangerous city for pedestrians, according to a study performed by Transportation for America. Pedestrian deaths account for 22 percent of the city’s total traffic deaths, whereas the national average is 12 percent. There are some large intersections in the city where it is nearly impossible to cross safely. With so many injuries and deaths, it is no surprise that pedestrian safety has become a major public policy and urban planning issue in San Diego.
Some pedestrian accidents are obviously the fault of the driver who hit them. Others can be a bit cloudy. For instance, can you be compensated for a pedestrian accident when you crossed outside the crosswalk? Just because you were outside a crosswalk does not mean you cannot file a lawsuit to recover for damages you suffered in the accident. California has a comparative negligence system. This means a judge or jury assigns a percentage of fault to each party and damages are awarded accordingly. Therefore, a plaintiff can still gain compensation from a negligent defendant, even if the plaintiff is considered somewhat negligent.
For example, you may have been crossing the street outside a crosswalk, but perhaps the driver of the automobile that struck you was inattentive because of using an electronic device or driving under the influence of alcohol or drugs.
If you have been injured, or if a loved one has been killed, after being struck by a vehicle, an experienced San Diego personal injury attorney can provide a free consultation to evaluate your case and fight to obtain compensation for your injuries.
By Kevin Quinn
Posted in Personal Injury