The Law Offices of Matthew J. Quinlan helps those hurt in pedestrian accidents in San Francisco. When you walk around the city, head injuries are a significant risk, either when a car is involved or if you slip and fall. Traumatic brain injuries (TBIs) can drastically impact your life, but you have legal options. Contact us for a free consultation to learn more about these options.

Why Would You Need a Lawyer?

While you don’t always need a lawyer for a pedestrian accident, TBIs and other head injuries often require specific legal help. Minor accidents may not need legal assistance, but severe head injuries usually do.

Our team can help you with:

• Determining fault
• Collecting medical records
• Looking into the accident and gathering evidence
• Working with TBI experts
• Negotiating with insurance companies
• Helping you through the legal process

We aim to make the process easier for you and provide the support you need to heal. A TBI is extremely challenging, especially when it comes to remembering facts and facing the ups and downs of the process. This is the main reason why you’d need a lawyer, and our team will be there for you.

Who’s Responsible When There’s a TBI With a Pedestrian Accident?

An extremely important part of your legal options is figuring out who’s responsible for the accident. This effectively sets the course of your claim because it tells you who it will be against, and more importantly, who will be legally responsible for paying for your damages.

In a typical pedestrian accident, responsibility depends heavily on what happened. Most of the time, a negligent driver is going to be responsible. Still, there’s a wide range of potentially liable parties depending on the circumstances:

• Drivers not directly involved
• Motorcyclists or bicyclists
• City or state government
• Construction crews or companies
• Other pedestrians
• Vehicle manufacturers
  
  

In rare cases, you might share some responsibility for the accident, such as:

• Crossing the street improperly
• Ignoring traffic signals
• Entering the street abruptly
  
  

Even if you are partly at fault, you can still file a claim for your injuries in California. The state follows a “comparative negligence” rule, which adjusts damages based on each party’s level of fault. This means your potential damages may be reduced if you are largely at fault. This becomes especially important in cases where you’re left with a TBI.

Understanding TBIs in a Pedestrian Accident

Brain injuries from pedestrian accidents can develop into traumatic brain injuries (TBIs), which are serious and have long-lasting effects. Diagnosing and treating brain injuries is complex and time-consuming, with significant implications for your health and well-being.

Common TBIs, according to the National Institute of Health (NIH), include:

• Concussions
• Brain swelling (edemas)
• Blood clots in the brain (hematomas)
• Brain hemorrhages
• Brain bruises
• Skull fractures
  
  

Regardless of the type of TBI, you’re facing a long road to recovery. At the very least, you’re going to have to deal with lifestyle changes that impact not just you, but those around you. Thus, it’s important to look at your potential legal damages and what you need to do.

What Are Your Damages After a TBI?

When dealing with a TBI, understanding your legal options is crucial. These options can help cover short-term medical bills and address the long-term implications of your injury.

Like any other claim, though, your options are pretty much the same. You can recover damages by either:

• Filing an insurance claim
• Filing a personal injury lawsuit
  
  

An insurance claim can give you quicker access to a settlement, but remember, it’s totally controlled by an insurance company. Their overall goal, even in cases of a TBI, is to payout as little as possible. So, opting for a lawsuit is more challenging and can take longer, but you can potentially recover more in damages because it’s an impartial process. Whichever option you choose, you can potentially recover the following damages:

• Medical expenses – This covers hospital stays, surgeries, therapies, and medical equipment you need, both now and in the future.
• Lost earnings – This covers for income lost from missed work, benefits, and potential future earnings affected by the TBI.
• Property damage – These cover the cost to repair or replace damaged belongings.
• Ongoing care – An important part of your damages is built around expenses you need long-term care needs and home modifications. You can also recover costs for transportation, medications, and medical equipment related to your TBI.
• Pain and suffering – This covers the physical pain and discomfort from the accident and the TBI.
• Emotional distress – These address the psychological effects, such as anxiety and depression.
• Loss of companionship and quality of life – These are meant to cover the impact of your TBI on relationships and daily activities.
  
  

These damages are crucial for your recovery, given the lifelong challenges often associated with TBIs. They affect both immediate and long-term aspects of your life, highlighting the importance of pursuing a claim for these damages. In California, you typically have two years from the accident date to file an injury claim.

How Can You Reduce the Risk of a Pedestrian Accident?

San Francisco is an incredibly busy place, with thousands of people trying to navigate around different areas of the city. This is especially true in certain areas, like Union Square, Chinatown, Golden Gate Park, or Nob Hill.

But in terms of pedestrian accidents, the causes are not all that different from any other type of accident. You’re vulnerable to distracted drivers, reckless drivers, poor sidewalks or road maintenance, and a host of other hazards. Still, your best chance at not experiencing a TBI or any other injury is to take steps to reduce the chances you’ll be in one of these accidents by:

• Stay alert and aware – Keep your attention on your surroundings. Avoid distractions like texting or using headphones while walking.
• Always use crosswalks – Always cross streets at designated crosswalks where drivers expect pedestrians.
• Be seen – Make sure drivers see you before crossing the street. This can help confirm that they are aware of your presence.
• Wear bright clothing – Always try to increase your visibility, especially at night or during bad weather. Bright or reflective clothing helps drivers see you from a distance.
• Follow signals – Follow pedestrian signals and traffic rules. Don’t cross the street until it’s your turn.
• Be conservative – If you have any question, assume that drivers may not see you. Be prepared to stop or move quickly if you need to.
• Don’t walk impaired – Impairment can reduce your awareness and reaction time, making accidents more likely.
• Use sidewalks – Use sidewalks whenever they are available. If there are no sidewalks, walk facing traffic so you can see oncoming vehicles.
• Be cautious at driveways and parking lots – Watch for vehicles entering or exiting. Drivers might not always see pedestrians when backing out or turning.
  
  

What makes this difficult is that, even with taking these steps, pedestrian accidents that leave you with a TBI can still happen. For as difficult and challenging as a pedestrian accident or a TBI can be, our team will be there with vital legal guidance and support.

Contact MJQ Law After a San Francisco Pedestrian Accident

Being in a pedestrian accident in San Francisco is unfortunately common, and is even more frustrating when it results in injuries like a TBI. These injuries have a profound impact on your life and the lives of those close to you. But you have legal options, and MJQ Law can help. If you or a loved one has suffered a TBI in a San Francisco pedestrian accident, contact us today for a free consultation.