Carlsbad's Personal Injury Attorney

When you have been hit by a car walking down the street, it is very likely that you have sustained some type of injury. If you were walking in a crosswalk, or the driver was distracted, it is more than possible that the driver is at fault for your injuries. You may be at fault if you darted between two cars, or you were crossing the street illegally. Even pedestrians who are partially at fault may be able to get compensation for their injuries sustained when hit by a motor vehicle.

As the injured party hit by a car, try to stay calm as you wait for help to arrive. Once you have been treated, you will probably have to talk with the police to file a report as to how the accident happened. Describe the incident as you remember it, including the time of day, what the driver looked like, and anything that comes to mind. If you believe the driver was impaired, make sure that you let the authorities know your concern.

If you suffered injuries in a motor vehicle accident and the at fault party is uninsured, your own uninsured motorist (UM) coverage will kick in. UM coverage is not included in all policies in California, so this only applies if you exercised your option to purchase this additional coverage with your policy.

If the at fault party has minimal coverage, your own underinsured motorist (UIM) coverage will kick in to make you whole. This applies to any case, whether you are in a vehicle, riding a bike, or even just a pedestrian.

Both of these scenarios are best pursued with legal representation. Even though your own insurance will be covering you, their interest will still be adverse to yours. They will review your claim with the same scrutiny as any other adverse party, including the at-fault party.

All drivers and bicyclists on the road must follow basic safety precautions. All parties must use caution, and be free from distractions whether operating a motor vehicle or riding a bike down the street. When one party is not paying attention, or they are distracted because they are listening to music or using a cell phone, that party will be considered negligent. If found negligent after an accident has occurred, the negligent party can be financially responsible for the injuries sustained by the injured party.

If you were a bicyclist hit by a distracted driver in California, you have the right to sue for your injuries. You have two years to file a personal injury lawsuit, and you should begin by making a claim to the responsible party’s insurance company before the two years is up. While filing an insurance claim is not the same as filing a personal injury lawsuit, if you get nowhere with the at fault person’s auto insurance, you can still file a personal injury lawsuit if it is within the two year time period.

A wrongful death claim can be brought by the decedent’s next of kin, typically a spouse or children, and happens when a motor-vehicle accident or other forms of negligent behaviors are the cause of the victim's untimely death. An example of this is a DUI defendant driver causing the death of another driver in a car crash. These cases require an aggressive and competent attorney to fight for your rights as well as punitive damage recovery. It is also equally as important to have an attorney who has compassion for human life and the level of grief the surviving family members who remain must face.  We will never treat your case like it is just a number.