“Routine” Pedestrian Accident in Pacific Beach
The media treated a near-fatal pedestrian accident as if it was nothing. But to the victim and the victim’s family, the crash was devastating.
According to the San Diego Police Department, a 26-year-old man was driving a 2019 Toyota Corolla westbound in the 1500 block of Grand Avenue around 12:40 a.m. At that same time, a 23-year-old man was crossing on foot northbound at 1400 Grand Ave. and Haines Street. Police said the pedestrian ran into the path of the driver and was struck. He sustained a large laceration to his right groin area and was transported to a local hospital.
SDPD’s Traffic Division responded to the scene and will be handling the collision investigation.
Establishing Liability
There’s no such thing as minor surgery, and there’s no such thing as a minor pedestrian accident. Even if the victims are lucky enough to survive, these incidents leave deep, lasting physical and emotional wounds.
No one can turn back the clock and reverse prior events. But a Carlsbad pedestrian accident lawyer can do the next best thing, which is obtain the compensation these victims, and their families, need and deserve.
Compensation is available if a San Marcos personal injury lawyer proves negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.
Drivers who strike pedestrians are almost always negligent, whether or not the pedestrian was in the crosswalk with the light. The duty of care requires motorists to avoid accidents whenever possible. Furthermore, under the duty of care, they must anticipate everyday hazards, such as jaywalking pedestrians and large potholes, and be ready to avoid them.
If the victim was in a crosswalk with the light, California’s negligence per se presumption might apply, since these victims had the right-of-way. If tortfeasors (negligent drivers) violate safety laws and cause injuries, they could be liable for damages as a matter of law.
Trailing pedestrian crosswalk accidents are rather common. As the tortfeasor approaches, the crosswalk is empty, so the tortfeasor concentrates solely on vehicle traffic. Then, a victim rushes across the street to catch the light.
The police accident report, perhaps the most important bit of evidence in a negligence claim, is often biased or inaccurate in pedestrian accident claims. If the victim died or was incapacitated, the reporting officer only heard one side of the story. So, in these cases, a San Marcos personal injury lawyer often partners with an accident reconstruction professional or other such expert witness, so the jury accurately hears both sides of the story.
The Sudden Emergency Doctrine
This legal theory, if it applies, excuses negligent driving, making the victim ineligible for compensation. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. The sudden emergency doctrine has two basic prongs:
- Reasonable reaction to
- A sudden emergency.
The first element is usually present in a pedestrian accident claim. After such collisions, most tortfeasors do the right thing and pull over.
In contrast, the second element is rarely present in a pedestrian accident claim. A sudden emergency is a hood fly-up, cloud-to-ground lightning strike, or another completely unanticipated event. As mentioned, a jaywalking pedestrian is usually an everyday hazard.
Comparative fault, a watered-down form of sudden emergency, could apply in these cases. The jury could shift some of the blame for a pedestrian accident to a jaywalking victim.
California is a pure comparative fault state. Even if the tortfeasor was only 1 percent responsible for the wreck, the tortfeasor is liable for a proportionate share of damages.
Work With a Dedicated San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in San Marcos, contact the Pursley Law Firm. Attorneys can connect victims with doctors, even if they have no insurance or money.
Source:
fox5sandiego.com/traffic/pedestrian-struck-by-vehicle-in-pacific-beach-2/
