Oceanside Pedestrian Accidents

Oceanside is a coastal city in San Diego County. It is 42.2 square miles. As of 2010, its population was 167,086. The I-5 and several busy roads and highways run through the city, making vehicle-related injuries a common occurrence. One particularly devastating type of vehicle accident is when a moving car or truck collides with a pedestrian. The faster a vehicle is going, the more likely it is a pedestrian will suffer catastrophic or fatal injuries in that sort of accident. Sometimes even when a car is going relatively slowly, a pedestrian may be killed by the force of his or her head hitting the ground due to the collision. If you were injured or a loved one was killed by a car while walking, an experienced Oceanside pedestrian accident attorney at The Rubinstein Law Group may be able to help you pursue damages.

Sometimes pedestrians are clearly visible to drivers, and yet a pedestrian accident occurs. Other times, a driver may not see the pedestrian due to weather or nighttime driving. If you were injured or a loved one was killed in a pedestrian accident, you may have a basis to recover damages from an at-fault driver. In most cases, you will need to establish the driver's negligence by proving: (1) the driver owed you a duty of care, (2) the driver breached the duty of care, (3) causation, and (4) actual damages.

Often a driver's breach in the duty of care involves distracted driving. A driver is supposed to give his or her full attention to the road, but unfortunately, some drivers text, read, apply makeup, brush hair, talk on the phone, talk to passengers, eat, drink, adjust the radio, daydream, or rubberneck while driving. Sometimes a driver has been drunk driving and isn't alert to pedestrians. By the time a driver sees you, he may already be colliding with you. A skilled pedestrian accident lawyer serving Oceanside can evaluate whether you are likely to be able to meet the elements of a negligence claim in your case.

Even in cases where liability is clear, a driver may turn around and point a finger at you, arguing that you were comparatively negligent, or partially responsible for your injuries. California follows a system of pure comparative negligence. When a defendant raises comparative negligence, he'll need to establish the elements of negligence that you established. He may argue, for example, that you tried to cross against a red light and he didn't see you. Or he may argue that you darted out in the dark and he didn't see you in time to stop. The jury will evaluate the evidence and arguments and assign a percentage of fault to each party. The total damages awarded to you will be reduced by an amount equal to your percentage of fault. Because California follows the doctrine of pure comparative negligence, you can recover 1% of damages from the defendant even if you were 99% at fault for the accident.

The damages available in a negligence case may include both economic and noneconomic losses. After a pedestrian accident, these damages are likely to be large because there is no buffer between you and the impact of the collision. Economic losses are tangible, concrete losses, and may include medical bills, lost wages, out-of-pocket expenses, and replacement services. Noneconomic losses are intangible losses, and can include pain and suffering, mental anguish, loss of enjoyment, and loss of consortium. Which Oceanside pedestrian accident lawyer you choose can often make a significant difference in the amount of damages you recover.

An experienced attorney will be able to show a jury how much the quality of your life has changed since you were injured in a pedestrian accident. For example, if you're paralyzed from the waist down, it may be the case that you can no longer walk after a pedestrian accident. Not only that, but perhaps you can no longer play basketball or play with your children. A good attorney will be able to show all the intangible aspects of your life that have been adversely impacted by your accident.

If you were injured in a pedestrian accident in Oceanside, injury lawyer Zev Rubinstein can assess your case and help you determine the extent of damages you may be entitled to. For a free consultation, please call 760.804.2790 or contact us through our online form.