San Jose Pedestrian Accident Lawyer

San Jose has created a safety plan aimed to establish and improve routes to ensure vulnerable road users, like pedestrians, can travel comfortably. This comes after the city saw traffic fatalities and severe pedestrian accidents happening within certain council districts, specifically with people walking or using mobility aids. While this approach shows promise, injuries and fatalities still occur due to reckless driving and hazardous intersections. Victims who have been harmed as a result of someone else’s negligence are entitled to file a pedestrian accident lawsuit to seek compensation.

If you or a loved one has been injured due to someone’s negligence or recklessness, you may be able to pursue compensation for your damages. At West Coast Trial Lawyers, our San Jose team has over 20 years of experience handling personal injury claims from the mild to the severe. We are a law firm that specializes in personal injury law and we pride ourselves on providing quality services that involve transparency and consistent results. With many successful cases and positive testimonials, we are dedicated to providing exceptional legal representation that meets and exceeds expectations.

We work on a contingency-fee basis, meaning that you owe us nothing until we settle your case. To schedule a FREE consultation, you can contact us by calling (213) 927-3700 or completing our easy online contact form.

What Is a Pedestrian Accident?

A pedestrian accident is when a person is struck by a vehicle or other moving objects. This typically happens in areas with high foot traffic such as intersections, crosswalks, and parking lots. Depending on the speed and force of the vehicle, pedestrians can potentially suffer a range of injuries from broken bones to even death. 

San Jose Pedestrian Laws

Certain pedestrian laws have been established to ensure that there are better safety measures for those who travel on foot. The following regulations ensure all parties, including pedestrians, drivers, and cyclists, cautiously interact with one another when sharing the road.

• CVC 21950 requires drivers to yield the right-of-way to pedestrians within marked or unmarked crosswalks. But, pedestrians cannot abruptly leave the curb, especially if they are walking in an oncoming vehicle’s path.
• CVC 21955 states that pedestrians must use a crosswalk if traffic control signal devices or police officers are present.
• Under CVC 21954, pedestrians outside crosswalks will need to yield the right-of-way to vehicles so near as to constitute an immediate hazard.
• CVC 21200 clarifies that cyclists must withhold the same duties and responsibilities as motor vehicle drivers, meaning that they have to yield to people who are using marked or unmarked crosswalks at intersections. Failing to comply with this law can increase the likelihood of bicycle accidents involving pedestrians.

Why Do Pedestrian Accidents Occur?

Despite the amount of laws and safety measures in place, most pedestrian accident cases can be caused by various factors, like: distracted driving, impaired driving, and broken traffic signals. Let’s examine each problem in the sections below.

Distracted Driving

As a driver, you are required to maintain focus of the road at all times. If you direct your attention to other things, like your cell phone or radio, you could put your safety at risk. Even if it is for a few seconds, any amount of attention given to something else will delay your reaction time to potential hazards. For instance, if you look away from the road to send a quick text, you will miss the pedestrian who is unexpectedly crossing. As a result, you will need to make a rapid response that could potentially harm you, the pedestrian, or the both of you.

Impaired Driving

Being under the influence can affect your ability to make good decisions and to stay alert of your surroundings. Alcohol or drug impairment can also obstruct your view of the road, making it more difficult for you to see traffic signals or pedestrians who are on a crosswalk. If a drunk driver hits a pedestrian then they will be liable for all damages they have sustained and be charged with serious penalties. 

Broken Traffic Signals

Broken traffic signals can create confusion and raise the likelihood of pedestrian accidents by affecting roadway movement. Inadequate or absent directions can make it challenging for drivers and pedestrians to understand when it is safe to proceed, leading to unintentional violations of right-of-way. This can become a greater problem in areas with high-traffic as lack of clear guidance can quickly result in accidents.

What Are the Most Common Injuries in Pedestrian Accidents?

Pedestrians are prone to sustain a number of severe injuries due to lack of protection in coming vehicles. Some common forms of bodily harm that may occur after such a collision include the following:

• Broken bones
• Cuts and bruises
• Head injuries
• Spinal cord injuries
• Internal injuries

What Happens if a Pedestrian Causes an Accident?

If a pedestrian causes an accident, they can be held liable for the damages the driver incurred. Pedestrians, like drivers, are required to comply with traffic rules, and if they go against it, they may be partially or fully at fault for contributing to the incident. In such cases, the driver can take legal action against the pedestrian for damages, like vehicle repairs or medical expenses.

But, in some situations, liability can be shared. For instance, if the pedestrian and the driver were acting negligently, accountability will be split based on degree of fault. Under California’s comparative negligence law, both sides will be evaluated to determine how much should be distributed, meaning each party’s compensation may be adjusted based on their percentage of fault.

What to Do After a Pedestrian Accident

Pedestrian accidents are unpredictable, and can be traumatizing to experience. Although it may be difficult to remain calm, try your best to focus on fulfilling the steps sectioned below.

Reach Out to Local Authorities

If any of the parties involved in the pedestrian accident have sustained injuries or damages, you should contact 911 for emergency assistance. The police will arrive at the scene and conduct a written report of the incident. Paramedics may also arrive to help those who need immediate medical attention.

Exchange Information

Exchange contact, insurance, and/or vehicle information with everyone involved that way, should anyone wish to file a personal injury claim with an experienced attorney they will be able to contact the necessary parties.

Seek Medical Attention

You should request a medical evaluation soon after the pedestrian accident. You may undergo one or more imaging tests depending on the nature of the accident. If any notable concerns are present, you may be recommended short- or long-term care to recover. Health visits and procedures will be documented, saved on file, and can be used to support any pedestrian accident claims. 

Gather Evidence

Be sure to collect the following evidence to help strengthen your pedestrian accident claim:

• Photos of your injury, damages, and the accident scene
• CCTV footage
• Witness statements
• A copy of the police report and your medical records

Consult with a San Jose Pedestrian Accident Lawyer

Consulting with an experienced pedestrian accident lawyer can help you protect your rights, especially if there is a dispute over liability. At West Coast Trial Lawyers, our knowledgeable San Jose team will assess the situation and identify who should be held accountable for the incident. In cases where both parties may be partially at fault, we can work to ensure your contribution is fairly evaluated and lessen financial responsibilities that are given to you.

By Gender, Who Is More Often to Get Killed As a Pedestrian in a Traffic Accident?

Males are more likely to be killed as a pedestrian in a traffic accident than females. In 2022, they accounted for about 71 percent of pedestrian fatalities. This could be due to a few reasons. Males, particularly younger ones, are more likely to engage in risky behavior compared to females. This includes crossing busy streets or being intoxicated while traveling on foot.

Females, on the other hand, feel less safe walking alone at night and will avoid going out in the late hours of the day, meaning that male pedestrians will be mostly seen during the evening. Strolling around the city after dark could reduce visibility, thus increasing the risk of a collision. The national nighttime fatality rate is about three times higher than the daytime rate, with 76 percent of fatal injuries being reported. This is primarily due to drivers having a harder time detecting pedestrians who are crossing or attempting to cross the road.

Wrongful Death in a Pedestrian Accident

A wrongful death is when a pedestrian is fatally struck by a negligent individual or entity. The deceased person’s family members or heirs may be given the right to sue to seek compensation for their losses. Under California Civil Code of Civil Procedure Section 377.60, eligible individuals include the following:

• Surviving spouse
• Biological or adopted children
• Parents
• Other financial dependents or individuals who are entitled to the decedent’s property under intestate succession laws

In a wrongful death case, you will need to gather evidence that demonstrates how:

• The defendant owed the victim a duty of care
• The defendant breached their duty of care
• The defendant’s reckless behavior directly caused the victim’s death
• You sustained losses as a result of your loved one’s passing

Statute of Limitations to Sue in San Jose Pedestrian Accidents

Pedestrian accident cases must be filed within two years from the date of when it occurred as per section 335.1 of California’s Code of Civil Procedure. But, if it involves a government entity, it must be submitted within six months. In such scenarios, it is important to act promptly because if you file a claim once the statute of limitations takes into effect, your claim will be immediately in court.  With that in mind, gather as much evidence as you can, and speak with an experienced personal injury attorney to learn what your legal rights and options are. Failing to fulfill these legal obligations will cause you to lose your opportunity to recover compensation.

What Damages Can I Recover From a San Jose Pedestrian Accident Claim?

In a pedestrian accident claim, you may be granted several types of damages depending on the circumstances involved, like:

• The severity of your injury
• Current and future medical expenses
• Lost wages and earning capacity
• Degree of fault

If you would like to know what you could be entitled to, you can use our personal injury settlement calculator by entering the expenses you incurred from the pedestrian accident to get an estimate. However in most cases, economic damages and non-economic damages are typically awarded to the injured party.

Economic Damages

Economic damages are tangible costs you endured as a result of the collision, such as hospital fees and lost income.

Non-Economic Damages

Non-economic damages are subjective, non-monetary losses, including:

• Emotional distress
• Loss of enjoyment of life
• Pain and suffering

Our San Jose Pedestrian Accident Lawyers Are Here to Help

As pedestrian accidents can inflict a number of lifelong injuries that can accrue high medical costs, accident victims are encouraged to file a claim and seek compensation for their damages,  At West Coast Trial Lawyers, we will guide you through the complex legal process to ensure you are granted fair compensation. With over 20 years of legal experience, our team of attorneys have handled a variety of pedestrian accident cases and are confident that we can get you compensation for your damages. We have recovered over $1.6 billion in financial compensation to our deserving clients and we will continue to do our duty to ensure they are properly represented in the California court system. Should you have any questions or concerns regarding your case, we are available 24/7 to go over them in full detail. 

To schedule a FREE consultation with an experienced pedestrian accident attorney, you can reach out to us by calling (213) 927-3700 or filling out our quick online contact form.