San Diego Pedestrian Accident Lawyer
A pedestrian accident can change your life in an instant. One careless driver can leave you facing serious injuries, mounting medical bills, lost income, and an uncertain future. Because pedestrians have little protection in a collision, these accidents often result in catastrophic injuries that require extensive medical treatment and rehabilitation.
If you were injured because of a negligent driver, James S. Iagmin can help you pursue the compensation you deserve. Since 1997, he has represented catastrophically injured clients throughout Southern California and recovered tens of millions of dollars through settlements and verdicts.
Why Choose Us at James S. Iagmin?
Not every personal injury law firm is equipped to handle catastrophic pedestrian accident cases. Serious injuries often require extensive investigation, expert testimony, accident reconstruction, and long-term medical evaluations to fully understand how the injuries will affect a person’s future. Clients choose our firm because:
- We have represented catastrophically injured plaintiffs throughout California since 1997.
- James S. Iagmin has recovered tens of millions of dollars through settlements and jury verdicts for injured clients.
- Our firm prepares every case as though it may ultimately be decided by a jury, giving us leverage during settlement negotiations.
- James S. Iagmin has been recognized as a Top 100 Trial Lawyer, selected as a Super Lawyer, and has received multiple Outstanding Trial Lawyer awards.
What Compensation Can Injured Victims Recover?
A pedestrian accident affects far more than your immediate medical bills. Many victims are unable to work for weeks or months while recovering, and some are left with permanent disabilities that change the course of their lives.
California law allows injured pedestrians to pursue compensation for both their financial losses and the personal impact their injuries have caused.
Depending on the circumstances, compensation may include:
- Current and future medical expenses
- Emergency transportation and hospital care
- Physical therapy and rehabilitation
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability
- Scarring and disfigurement
- Loss of enjoyment of life
In the most tragic cases involving a fatal pedestrian accident, surviving family members may also have the right to pursue a wrongful death claim.
Calculating damages is rarely as simple as adding medical bills together. A catastrophic injury can require future surgeries, lifelong therapy, assistive devices, home modifications, and ongoing medical care. Those future expenses deserve the same careful consideration as the losses you’ve already experienced.
Insurance companies often focus on resolving claims quickly and for as little money as possible. An early settlement may seem appealing while medical bills are piling up, but accepting an offer before understanding the full extent of your injuries can leave you responsible for expenses that arise months or years later.
Our firm works closely with physicians, life-care planners, economists, and other experts when necessary to understand both the immediate and long-term effects of a serious pedestrian injury. That allows us to pursue compensation that reflects the true value of the claim rather than simply accepting the first offer made by an insurance company.
Who Can Be Held Liable for a Pedestrian Accident?
Although the driver who struck the pedestrian is often responsible for the accident, they are not always the only party who may be liable. Depending on how the collision occurred, multiple individuals or entities could share responsibility.
Potentially liable parties include:
- Negligent drivers who were distracted, speeding, impaired, or failed to yield the right-of-way.
- Employers if the at-fault driver was acting within the scope of their employment at the time of the crash.
- Government agencies responsible for dangerous roadway conditions, defective traffic signals, or poorly designed intersections.
- Vehicle manufacturers if a defective brake system, steering component, or other vehicle defect contributed to the collision.
- Property owners if hazardous conditions created an unreasonable risk for pedestrians.
Determining liability requires a careful investigation. California follows a pure comparative negligence system, meaning more than one party may share fault for an accident. Even if an injured pedestrian is found partially responsible, they may still be entitled to recover compensation, although their recovery may be reduced by their percentage of fault.
Our firm conducts a thorough investigation to identify every potentially responsible party and pursue all available sources of compensation.
What Evidence Do I Need to Prove My San Diego Pedestrian Accident Claim?
Strong evidence is often the difference between a disputed claim and a successful recovery. While every case is different, gathering evidence as early as possible helps preserve important details before they disappear.
Evidence commonly used in pedestrian accident claims includes:
- Police accident reports
- Photographs of the accident scene, vehicles, and injuries
- Surveillance or traffic camera footage
- Witness statements
- Medical records documenting your injuries
- Cell phone records if distracted driving is suspected
- Vehicle damage reports
- Accident reconstruction analysis when liability is disputed
Medical records are particularly important because they help establish the connection between the accident and your injuries. Following your physician’s treatment recommendations and attending scheduled appointments also creates a clear record of your recovery.
In some cases, surveillance footage from nearby businesses or traffic cameras may capture the collision. However, this evidence is not always preserved for very long. Prompt action can help ensure valuable evidence is obtained before it is lost or deleted.
If an insurance company disputes liability, additional evidence such as expert testimony or accident reconstruction may be necessary to demonstrate exactly how the collision occurred.
How Long Do I Have To File for a Pedestrian Accident Claim in California?
California law generally gives injured pedestrians two years from the date of the accident to file a personal injury lawsuit. Missing this deadline could prevent you from recovering compensation, regardless of how strong your claim may be.
However, there are important exceptions. If a government entity may be responsible because of a dangerous roadway condition or another public hazard, a government claim generally must be filed much sooner than a traditional personal injury lawsuit. Other circumstances may also affect the applicable filing deadline.
While two years may seem like plenty of time, building a strong pedestrian accident claim often begins long before a lawsuit is filed. Witness memories fade, surveillance footage may be erased, and physical evidence can disappear if it is not preserved.
Speaking with an attorney soon after an accident allows important evidence to be gathered while it is still available and helps ensure all applicable deadlines are met.
Call a San Diego Pedestrian Accident Lawyer Today
James S. Iagmin has spent more than 25 years representing individuals who have suffered catastrophic injuries because of another person’s negligence. He understands the physical, emotional, and financial hardships these accidents create, and he is committed to helping clients pursue the compensation they deserve.
If you or someone you love has been injured in a pedestrian accident, contact James S. Iagmin today to schedule a free consultation. We’ll review your case, answer your questions, and explain your legal options so you can make informed decisions about your future.