San Diego Pedestrian Accident Lawyer Fighting For The Injured
If a driver’s carelessness caused your injuries as a pedestrian, you have the right to seek compensation for your medical bills, lost income and suffering. However, securing a fair recovery means going up against insurance companies, who may prioritize protecting their profits over your well-being.
In situations like these, it’s crucial to have a seasoned advocate on your side. I am Brian Burchett, a pedestrian accident attorney with more than 30 years of experience. I once argued cases from the insurance company’s perspective, giving me unique insight into how they operate. Now, I use that knowledge to stand up for victims of negligence.
Who Is Responsible In A Pedestrian Accident?
Understanding liability in pedestrian accidents is important when you’re considering legal action. Driver negligence typically includes:
- Distracted driving or texting
- Failing to yield the right-of-way in a crosswalk
- Speeding in residential areas or school zones
- Driving under the influence of alcohol or drugs
- Making improper turns without checking for pedestrians
Take note that while drivers generally have a high duty of care to watch for people on foot, they are not automatically at fault for every collision. For example, a pedestrian could be held partially responsible if they suddenly enter the street outside of a crosswalk or walk against a “don’t walk” signal.
As part of the claims process, an insurance adjuster’s investigation will include an assessment of all contributing factors, which may assign fault to you and affect the final settlement amount. As your pedestrian accident attorney, I will conduct a thorough investigation into your accident. Not only will this uncover the facts needed to establish the driver’s responsibility, but it can also help counter any unfair claims of fault against you.
Pursuing The Compensation You Need To Recover
The cost of an injury can be expensive. As your pedestrian accident attorney, I will work to identify all sources of compensation to help you get your life back on track. This includes pursuing both economic and non-economic damages, such as:
- Medical bills coverage: Covering all health care costs, from your initial emergency treatment to any ongoing physical therapy and future medical needs
- Lost wages and earning capacity: Compensation for the paychecks you have already missed, as well as future income you may lose if your injuries affect your career
- Pain and suffering: This acknowledges the physical pain, emotional distress and mental anguish you may have endured due to the accident and any resulting catastrophic injuries
- Loss of enjoyment of life: Compensation for the impact your injuries had on your ability to engage in hobbies, recreational activities and daily life
- Property damage: Covers the cost to repair or replace personal items that were damaged in the collision, such as a phone, laptop or eyeglasses.
California law also follows a “pure comparative fault” system, in which an injured pedestrian can still seek compensation even if they were partially to blame for the accident. However, courts may reduce their total compensation by their percentage of fault.
For example, if you were jaywalking when the accident occurred, but the driver was also speeding, a court might find you 10% at fault. If your total damages were $100,000, you could still recover $90,000. As your lawyer, I will assess every detail of your case to determine a full and fair value for your claim.
What If The Driver Fled The Scene?
A hit-and-run accident is a frightening experience that can leave you feeling helpless. If the driver who hit you fled the scene, you can still seek compensation. Your first step should be to seek immediate medical attention for your injuries, even if they seem minor. Next, it’s important to call the police and file a report as soon as possible. This creates an official record of the incident, which can be critical when you need to file a claim with insurance.
As your pedestrian accident lawyer, I can help you explore your options for recovery. In most cases, the primary source of compensation in a hit-and-run is your own auto insurance policy. You can also use your Uninsured Motorist (UM) coverage, if available, to pay for your medical expenses and other losses, just as the at-fault driver’s insurance would have. I can help you review your policy and manage the entire insurance claim process for you.
Let’s Talk About Your Path Forward: Call The Burchett Law Firm, PC, Today
You don’t have to seek accountability or face insurance companies alone. As your pedestrian accident attorney, my goal in our first conversation is simple: to listen, to answer your questions and to walk you through your legal options.
This initial consultation is completely free. If you decide to move forward, you will have me by your side throughout the entire case, and you will never pay a fee unless I secure the compensation you deserve. To schedule an appointment, you can call my office at 619-450-2436 or send me a message through my website.