Vivian Torres Foldenauer Law Group
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Automobile accidents kill approximately 5,000 pedestrians in the United States each year. More than 15 times as many pedestrians sustain severe injuries. In addition, tens of thousands of non-vehicular pedestrian accidents occur, annually. Poor property maintenance, sidewalk or parking lot defects and/or construction and other debris on walkways often cause or contribute to these accidents.

Immediately following an accident which results in a serious injury, there are a number of steps that MUST be taken to ensure your interests are adequately represented and protected. Our injury attorneys can advise you on the evidence preservation process and help ensure that you receive the best medical care and treatment available.

The Primary Causes of Pedestrian Injuries and Accidents

Typically, the primary cause of serious accidents involving a motor vehicle and a pedestrian are caused by negligent or reckless operators who are not paying attention or become distracted while driving. This of course can be due to a number of factors. For instance, although illegal in California, many drivers still continue to use their cellular phones to talk or send text messages while driving. Many drivers also find it hard to see during certain times of day which causes them to operate their vehicle in an impaired state.

Foldenauer Law Group handles the following types of pedestrian accident cases:

  • Pedestrian Hit By Car Accidents
  • Negligent Driving Accidents Involving Pedestrians
  • Distracted By Cell Phone Accidents Involving Pedestrians
  • Pedestrian Sidewalk Accidents
  • Pedestrian Cross-Walk Accidents
  • Pedestrian Parking Lot Accidents
  • Pedestrian Construction Accidents
  • Common Pedestrian Accident Injuries
Pedestrian accidents can cause a multitude of serious injuries. Some of the most common injuries resulting from a pedestrian accident involving a motor vehicle include the following:
  • Brain or Head Injuries
  • Broken Bones
  • Disfigurement
  • Paralysis
  • Amputations
  • Injury to The Spinal Cord
  • Internal Organ Damage
  • Back Injuries

Pedestrian Accident Liability

The outcome of each pedestrian injury case will depend upon a careful analysis of the facts as they relate to each of these essential elements. When a pedestrian injury does occur, there may be more than one party with legal responsibility for the accident. Depending on the circumstances of the accident, individuals with potential liability can include:
  • The driver of a vehicle that strikes a pedestrian
  • The owner of the vehicle that strikes a pedestrian
  • The party responsible for repairing and maintaining the vehicle that strikes a pedestrian
  • The party who designed the vehicle or a component part of the vehicle that strikes a pedestrian
  • The party responsible for maintaining the sidewalk, cross-walk, roadway, parking lot, signal lights, where the accident occurred, which may include private property owners or governmental entities
The early involvement of Foldenauer Law Group’s accident attorneys, who have extensive experience helping injured pedestrians, is the best way to assess and protect any potential legal claim you may have.

A Motor Vehicle Operator’s Duty of Care

Generally, anyone that operates a motor vehicle is required to exercise “reasonable care under the circumstances.” Any failure to use reasonable care can be considered negligent conduct. The most common factors contributing to driver negligence are:
  • An Inattentive or Preoccupied Vehicle Operator
  • A Vehicle Operator’s Failure to Observe Posted Speed Limits
  • A Vehicle Operator’s Failure to Yield the Right of Way at Marked Crosswalks
  • Disobeying Traffic Signs or Signals
  • Failing to Signal while Making a Turn
  • Disregarding Weather or Traffic Conditions
  • Operating a Motor Vehicle Under the Influence of Drugs or Alcohol
  • Failing to Exercise a Special Duty of Care to Children

A Pedestrian’s Duty of Care

A pedestrian must also endeavor to exercise reasonable care for his or her own safety. The level of reasonable care required of the pedestrian must be in proportion to the danger that is to be avoided and the consequences that may be reasonably anticipated. Contributory negligence may be plead against a pedestrian if he or she fails to exercise the required level care for his or her own safety and directly contributes to the cause of the injuries incurred.

The most common factors contributing to pedestrian negligence are:

  • Pedestrians Who Ignore intersection Signals
  • Pedestrians Who Enter a Stream of Traffic and Disrupt Its Flow
  • Pedestrians Who Fail Utilize Marked Crosswalks
Time is of the essence in pedestrian accident cases. Accident scenes can change and the memories of the parties involved may quickly fade. Therefore, you should engage an attorney with extensive expertise and success handling pedestrian accident cases as soon as possible to maximize the results of your San Diego pedestrian accident claim. Foldenauer Law Group’s injury attorneys have the track record and specialized experience necessary to investigate and successfully prosecute accident claims.


If you or someone you know has suffered a serious pedestrian injury as a result of another’s negligence or wrongdoing, or a family member has suffered an accidental death, please call us today at (619) 564-8877. We will provide a free in-person consultation, listen to all of your questions and concerns, assist in obtaining needed medical treatment and care, and develop a winning strategy to maximize recovery and compensation. There are no up-front fees or costs. We do not charge until we win your case. We look forward to earning your trust and the honor of being your attorneys.

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