Oceanside Pedestrian Injury Lawyer

Oceanside is a popular place for pedestrians, including among residents who routinely walk in their own neighborhoods as well as among visitors who are in Southern California to enjoy the beach. Coast Highway through Oceanside can resemble the freeway sometimes.

Whether you are walking near the beach in Oceanside or somewhere east of I-5, you should not have to worry that you will be seriously injured or killed in a crash involving a motor vehicle. However, pedestrian accidents are somewhat common, unfortunately, and collisions with motor vehicles are often deadly. In most pedestrian accident cases, the driver of the vehicle is liable for harm, and you may be able to file a claim. An experienced Oceanside pedestrian accident lawyer can tell you more.

How often do pedestrian accidents happen, and where do they occur most often? According to data from the California Office of Traffic Safety and the Insurance Institute for Highway Safety, pedestrian fatalities have risen sharply over the last 10 years, and deadly collisions occur most frequently in urban areas. In 2021 alone, almost 7,400 pedestrians sustained fatal injuries in California pedestrian accidents and accounted for approximately 20% of all fatal traffic accidents reported in the state. In addition to those fatal injuries, approximately 14,000 pedestrians sustain nonfatal injuries in pedestrian accidents in California annually.

Pedestrian injuries and fatalities are extremely high in California in comparison with other states, and North County San Diego is no exception. Indeed, the California Office of Traffic Safety reports that pedestrians sustain fatal injuries at a rate that is about 25 times above the national average. What causes those serious injuries and deaths? Most often, the following are causal factors:

• Distracted driving, such as texting while driving or paying attention to something happening in the vehicle instead of the road;
• Aggressive driving, which can include running red lights or stop signs or failing to stop at crosswalks;
• Intoxicated driving, which can mean drunk driving, drugged driving, or a combination of the two; and
• Fatigued driving, which is especially dangerous for pedestrians after dark.

Sometimes pedestrians are contributorily negligent when a pedestrian collision occurs, often as a result of distracted walking, or underestimating the speed of oncoming traffic. Distracted walking can include texting while walking, listening to music while walking, or any other activity that distracts the pedestrian from safety signs and oncoming traffic.

But you should never assume that you will be partially liable for a pedestrian accident. Yet even if the negligent motorist can prove that you share some of the responsibility for the collision, California uses a “pure comparative fault” system that will still allow you to recover damages as long as you are not 100% at fault. With any lower share of fault, your damages award will be reduced by your portion of negligence.

If you want to file a lawsuit after a pedestrian accident, the California personal injury statute of limitations is two years for most cases. Accordingly, you will need to work with an attorney to file a lawsuit, or settle a claim, within two years from the date of your pedestrian injury.

Anyone who has been injured in a pedestrian accident should seek legal advice. One of the experienced Oceanside pedestrian accident lawyers at our firm have been representing North County individuals and families for more than 20 years and can assist you today. Contact Walton Law Firm to get your questions answered.