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Our San Jose pedestrian accident lawyers are dedicated to protecting your legal rights and best interests. Attorney Jeff Car Accident Lawyer is available to serve the Santa Clara County community and provide exceptional legal representation to injured victims. Learn how our award-winning legal team can maximize your pedestrian accident claim. Schedule a free consultation by calling us at (409) 449-6897 or online.
Table of Contents
How a San Jose Pedestrian Accident Lawyer Benefits Your Case
How Is Fault Determined in a Pedestrian Accident?
Who Is Liable in a California Pedestrian Accident?
Compensation in a Pedestrian Accident Case
When Should I File a Pedestrian Accident Claim?
What to Do After a San Jose Pedestrian Accident
Why Pedestrian Accident Victims Need a Lawyer
Given the substantial discrepancy in mass, pedestrians frequently sustain serious injuries when struck by any type of motor vehicle. Due to the significant medical costs to treat such injuries, insurance providers often try to persuade victims into settling for far less than what they are rightfully entitled to. This is why professional legal guidance is so crucial. Here are additional areas an experienced pedestrian accident lawyer can assist with:
California’s complex comparative fault laws: Even if pedestrians are accused of jaywalking or crossing outside a crosswalk, they may still recover damages. However, insurance companies will attempt to shift as much blame as possible onto the victim. Our law firm specializes in maximizing case value and protecting clients from such unfair insurance tactics.
Obtaining difficult evidence: Obtaining surveillance video, traffic signal data, and witness accounts is crucial and needs to be done immediately. However, this can be challenging when recovering from pedestrian injuries. Partnering with a dedicated law firm ensures that all essential evidence to establish fault and damages is gathered and preserved.
Dealing with aggressive insurance companies: Insurance adjusters prioritize their company’s profits, often pressuring accident victims into low settlements, even when their client is clearly at fault. Our skilled pedestrian accident attorneys protect injured victims from such tactics. We manage all communications and negotiations with the opposing insurance company, allowing victims to concentrate on their recovery without added stress.
How California Laws Affect Pedestrian Accident Cases
Pedestrians are entitled to the right of way within both marked and unmarked crosswalks at intersections, and drivers are legally obligated to yield, reduce speed, and exercise caution around them. Key relevant traffic laws include:
- CVC §21950: Drivers must yield to pedestrians in crosswalks
- CVC §21954: Even outside of crosswalks, drivers must exercise caution
- CVC §22350: California’s “Basic Speed Law” requires drivers to travel at a safe speed for conditions, including heavy pedestrian traffic
- CVC §23123: Distracted driving, like handheld cellphone use, is prohibited and often a cause of pedestrian accidents.
Understanding these laws is crucial for determining liability and building a strong case. This involves a comprehensive analysis of relevant statutes, precedents, and regulatory frameworks that govern pedestrian accidents specifically.Â
How Is Fault Determined in a San Jose Pedestrian Accident?
Determining fault is not always a straightforward process and requires proving the other party’s “negligence.” To establish negligence in a San Jose personal injury claim, the following four key elements of negligence must be demonstrated:
- Duty of Care: The defendant had a legal obligation to act responsibly. For instance, drivers are required to obey traffic signals and laws.
- Breach of Duty of Care: The defendant failed to uphold this duty, such as by speeding, running a red light, or not yielding to a pedestrian.
- Causation: The defendant’s actions directly caused the pedestrian accident that led to the plaintiff’s injuries.
- Damages: The plaintiff suffered economic and non-economic damages as a result of the accident, such as medical expenses, lost wages, and pain and suffering.
Comparative Negligence Laws in California
Under California’s “pure comparative negligence” law, a plaintiff can still obtain compensation even if partially responsible for the accident, but the assigned percentage of fault will reduce the recoverable damages. For example, if a plaintiff is found 25% responsible for an accident, 75% of damages can be recovered.
Common Liable Parties in Pedestrian Accident Cases
To ensure maximum recovery, our law firm investigates all avenues to identify all potential at-fault parties. Pedestrian accident liability can extend to:
- Negligent drivers: Speeding, distracted, or impaired individuals disregarding traffic signals
- Employers: Delivery, trucking, or rideshare drivers who are working
- Rideshare companies (Uber/Lyft): Uber or Lyft if their drivers are logged into the app
- Commercial carriers: Bus, delivery van, or freight vehicle operators
- Property owners/businesses: Premise liability or workers’ compensation claims for dangerous and hazardous conditions
- Government entities: Poor roadway design, broken traffic lights/signals, inadequate lighting, or lack of crosswalks
Medical and rehabilitation costs can be substantial, and loss of wages can create significant financial hardship. This is why careless motorists must be held accountable. Our San Jose pedestrian accident attorneys help injured victims by negotiating with the insurance company, gathering critical evidence, pursuing a fair settlement, and filing a personal injury lawsuit if necessary.
Recoverable Damages in a Pedestrian Accident Case
The compensation sought by personal injury victims is directly tied to the expenses incurred and damages suffered in each case. This may include:
- Current medical expenses: ER treatment, hospital stays, surgery, pain management
- Future medical bills: Ongoing physical therapy, assistive living, medications
- Loss of enjoyment of life: Physical or emotional inability to enjoy hobbies
- Lost wages: Missed work and reduced earning capacity
- Medical bills: ER, surgery, rehab, medications, long-term care
- Pain and suffering: Physical pain, mental anguish, emotional distress
- Permanent disability and disfigurement: Permanent or long-term impairments
- Wrongful death damages: Compensation to surviving family members
Wrongful Death Pedestrian Accidents
Pedestrian accidents sometimes result in the loss of a loved one. The families of individuals who do not survive may file a wrongful death lawsuit to obtain full and fair compensation for losses such as:
- Funeral and burial costs
- Loss of financial support
- Loss of love, companionship, and guidance
- Emotional suffering
When to File a Pedestrian Accident Lawsuit
Given the time-sensitive nature of filing a personal injury lawsuit, it is always best to consult a San Jose pedestrian accident attorney as soon as possible.
- General Personal Injury Claims: Plaintiffs typically have two years from the date of the injury to file a lawsuit in California.
- Claims Against Government Entities: For accidents involving government agencies, like the City of San Jose or Caltrans, a claim must be filed within six months of the injury date.
- Minors: Special rules may allow for extended deadlines until the injured party turns 18.
Attorney Jeff Car Accident Lawyer’s legal team is ready to evaluate your case, confirm all relevant deadlines, and guide you through the legal process efficiently and on schedule.
Common Causes of Pedestrian Accidents in San Jose, CA
All road users can lower their risk of getting involved in a traffic accident by engaging in reasonably safe behavior. However, many pedestrian accidents are often a result of negligent driving. Common examples include the following.
- Alcohol and drug impairment: Drunk driving or driving under the influence of prescribed or illegal drugs
- Distracted driving: Phones, GPS, talking to passengers, or engaging in any activity that diverts attention away from driving
- Failure to yield: Failing to stop at crosswalks to let pedestrians cross, particularly common near schools and intersections
- Left-hand turns: Focusing attention on oncoming traffic and overlooking pedestrians at crosswalks
- Poor visibility: Not being cautious at nighttime, in bad weather, or in poorly lit roadways
- Reckless driving from commercial vehicles: Delivery trucks, Uber/Lyft drivers, and buses rushing to meet delivery schedules or drop-off destinations
- Right-hand turns: Turning at red lights or green lights into crosswalks before checking it’s clear
- Speeding: Exceeding the speed limit and increasing the risk of a collision
- Road design and maintenance: Neglecting upkeep, lack of crosswalks, missing signage, and broken traffic lights.
Dangerous Intersections and Locations for Pedestrian Accidents in San Jose, CA
San Jose, one of California’s largest cities and a significant economic center in the Bay Area, regularly experiences high foot traffic due to tourists and residents traveling throughout the area. Consequently, the city has also experienced an increase in motor vehicle accidents.
Pedestrian accidents occur for various reasons and are typically concentrated in particular high-traffic areas throughout San Jose, such as:
- Hwy. 101
- Hwy. 87
- Lawrence Expy.
- Curtner Ave.
- McLaughlin Ave.
- N. Jackson Ave.
- Senter Rd.
- Tully Rd.
- White Rd.
- Monterey Rd. and Curtner Ave.
- Curtner Ave. and Hwy. 87
- Story Rd. and Keyes St.
- Capitol Expy. and Senter Rd.
- East Santa Clara St. and 11th St.
Our San Jose law firm knows these corridors well and investigates whether city planning failure, poor infrastructure, or a negligent driver contributed to the accident.
Common Pedestrian Injuries After an Accident
From 2019 to 2023, San Jose experienced nearly 25,000 traffic-related accidents, resulting in 281 fatalities and over 1,000 severe injuries, according to city crash data.
pedestrian accident statistics
Additionally, over 32,000 people are killed and approximately 2 million are injured in motor vehicle crashes each year, according to the CDC. Common pedestrian injuries include, but are not limited to:
- Amputations: Required for catastrophic injuries or in severe accidents
- Broken Bones: Fractures to any part of the body, including the skull and face
- Fractures and Orthopedic Injuries: Broken legs, hips, arms, and ribs
- Internal Organ Damage: Bleeding, punctured lungs, or ruptured spleen
- Emotional Trauma: Post-traumatic stress disorder (PTSD) or anxiety
- Severe Lacerations and Road Rash: Leading to scarring and disfigurement
- Spinal Cord Injuries: Paralysis, herniated discs, paralysis, loss of mobility
- Traumatic Brain Injuries (TBI): Concussions, hematomas, long-term cognitive impairments
Being struck by a motor vehicle often results in significant injuries with long-term consequences, even at low speeds. We work with medical specialists to ensure your injuries are fully diagnosed and documented.
What to Do After a San Jose Pedestrian Accident
What to Do After a San Jose Pedestrian Accident
- Call 911 immediately. Report the crash and request a police report from the San Jose Police Department (SJPD) or California Highway Patrol (CHP).
- Get driver and witness information. Collect names, phone numbers, license plates, and insurance details.
- Document the scene. Take photos of crosswalks, traffic lights, skid marks, and injuries.
- Seek immediate medical attention. Even when feeling okay, seek an evaluation from a doctor and retain all medical records and medical bills.
- Do not speak with insurance companies. Decline making statements until speaking with an attorney for legal guidance. Attorney Jeff Car Accident Lawyer offers free consultations to all prospective clients.
Mistakes That Can Hurt Your Personal Injury Claim
- Talking to insurance adjusters without legal advice
- Posting about your injuries on social media
- Delaying medical treatment
- Accepting the first settlement offer
- Missing the statute of limitations
- Failing to consult with an experienced lawyer
While legal representation is not always necessary, consulting with a San Jose lawyer offers many benefits. This not only protects the personal injury claim from being jeopardized, but it also safeguards victims’ well-being.
Frequently Asked Questions About Pedestrian Accidents
Do I have a case if I was jaywalking or not in a crosswalk?
Yes. While you may be found partially responsible for causing the accident, you do have a case and may seek compensation. Even outside crosswalks, drivers must exercise reasonable care and watch for crossing pedestrians.
The legal principle of comparative negligence establishes that even if the injured party is partially responsible for an accident, they are still entitled to recover damages. However, the amount of recoverable compensation will be reduced by their assigned percentage of fault.
For instance, if a pedestrian is struck by a vehicle and deemed 20% at fault for jaywalking, 80% of the total damages can be recovered.
What if the driver fled the accident scene (hit-and-run)?
You still have options. To identify the hit-and-run driver, our investigation examines all available video evidence, including nearby buildings’ video surveillance, residential doorbell cameras, and any cellphone videos from witnesses.Â
Additionally, we will carefully assess the details of clients’ personal insurance policies to determine the extent of coverage.Â
Uninsured motorist (UM) and underinsured motorist (UIM) coverage may be applicable in this situation, providing a potential source of personal injury compensation for sustained damages and injuries, even if the at-fault driver is not found or lacks adequate insurance.Â
Can I sue the city for my pedestrian accident?
Yes. While most pedestrian accident cases settle out of court, legal action is possible if the incident involves a city or government vehicle or was caused by poorly maintained roadways or faulty infrastructure.Â
Pursuing a personal injury case involves gathering evidence such as police reports, witness statements, accident reconstruction analysis, and medical records.Â
It’s important to note that initiating the claims process immediately is crucial when filing a lawsuit against a government entity, as the statute of limitations is only six months. An experienced attorney can help navigate these complexities, ensuring you get the compensation you deserve.
Why Choose Our San Jose Pedestrian Accident Lawyers
Attorney Jeff Car Accident Lawyer can help you get the compensation you deserve. Our San Jose pedestrian accident attorneys are here to guide you through the complex legal process, providing the following benefits:
- Client-First Approach: Frequent case updates and assistance through the legal process
- Contingency Fee Arrangement: No upfront costs or accrued legal fees
- Local Knowledge: Familiarity with San Jose’s dangerous intersections and traffic patterns
- Maximize Compensation: Negotiating a full and fair settlement or achieving a court verdict
- Trial-Ready Reputation: Never settling for less and will take the case to trial
Our Award-Winning Approach to Pedestrian Accident Cases
Step 1: Free Case Evaluation
Our firm starts every client’s journey with an in-depth consultation, where we listen to your story, understanding both legal and personal impacts. Then, we carefully examine case specifics, analyzing damages and supporting evidence. This thorough case assessment presents all legal options, empowering you with knowledge to make the most informed decisions.
Step 2: Immediate Investigation
Our firm specializes in accident investigation to build a strong personal injury case, by collecting video evidence (surveillance, traffic, dashcam, cell phone), securing witness statements, and thoroughly examining accident scene evidence to establish fault and support your claim.
Step 3: Assistance in Seeking Medical Attention
Our firm connects you with the top medical specialists in Northern California to properly treat your injuries. We assess your needs, refer you to experts like orthopedic surgeons and neurologists, and assist in scheduling follow-up appointments. Our goal is to ensure you receive the best care for a smooth recovery.
Step 4: Aggressive Negotiation
Our firm builds a comprehensive demand package for each client. This package is not just a collection of documents; it’s a compelling narrative, supported by undeniable evidence proving the other party’s fault. Additionally, we demonstrate a clear and precise calculation of all incurred damages to obtain the maximum financial compensation.
Step 5: Litigation if Needed
Our dedicated legal team is fully prepared to take your case to trial if the at-fault party or their insurance company refuses to offer a fair and just settlement that adequately covers your medical expenses, lost income, pain and suffering, and other damages. Our goal is to ensure you receive full financial recovery for all your losses, even if it means presenting your case in the Santa Clara County Superior Court before a judge and jury.
Contact an Experienced Lawyer Today
If you or a loved one were struck by a vehicle in San Jose, you deserve justice. Our San Jose law firm represents victims throughout Santa Clara County, holding reckless drivers and other negligent parties accountable for the harm they cause.
Contact us today by phone or complete our online form to schedule a free consultation.
Serving Clients Across San Jose and Santa Clara County
We represent clients in:
- Downtown San Jose, Willow Glen, Evergreen, Rose Garden, Cambrian, Almaden Valley, Berryessa, Japantown, Little Portugal, Alum Rock
- Surrounding communities: Santa Clara, Sunnyvale, Cupertino, Los Gatos, Milpitas, Campbell, Mountain View, Palo Alto, Morgan Hill
Other Cases Our Personal Injury Law Firm Handles
After an accident, Jeff’s got you. Call or fill out our online case evaluation form. Our dedicated San Jose pedestrian accident attorneys are ready to fight for the maximum compensation you deserve.
Our experienced personal injury attorneys in San Jose, CA also specialize in the following practice areas:
- San Jose Bicycle Accidents
- San Jose Car Accidents
- San Jose Dog Bites
- San Jose Motorcycle Accidents
- San Jose Personal Injury Accidents
- San Jose Slip and Fall Accidents
- San Jose Truck Accidents
- San Jose Lyft and Uber Accidents
- San Jose Workers’ Compensation
- San Jose Wrongful Death Claims
Schedule a Free Consultation with Our California Law Firm
Our personal injury attorneys can help evaluate your pedestrian accident claim and pursue the maximum compensation on your behalf.Â
Address: 66 E. Santa Clara St. Suite 4, San Jose, CA 95113
Phone Number: (409) 449-6897
Attorney Jeff Car Accident Lawyer’s Other Locations
We have law offices throughout Southern and Northern California. Determine the viability of your case with our free case checker or schedule a free consultation to discuss your pedestrian accident case with one of our personal injury lawyers today.