San Jose is a magnificent city filled with myriad attractions waiting to be explored. While driving can be convenient, it doesn’t truly capture the essence of the city’s beauty. A leisurely stroll is a must to fully appreciate what San Jose has to offer.
Walking offers a distinctive perspective of this vibrant urban landscape, allowing you to immerse yourself in its charm and character. Not only does it provide a more intimate connection with the city, but it also promotes a healthier lifestyle compared to relying solely on vehicles.
Walking, however, comes with its own set of risks. Distracted drivers may not see you at a crosswalk, or drivers under the influence may drive up a curb. Animals cause accidents, and all sorts of unexpected things happen on the roadways near tourist spots.
Sometimes, pedestrians are hit through no fault of their own but must face the consequences alone. An experienced San Jose pedestrian accident attorney can help.
Table of Contents
- Do I Have a Pedestrian Accident Claim?
- What Can a San Jose Pedestrian Accident Lawyer Provide for Me?
- Most Common Types of Pedestrian Accidents in San Jose
- How Common Are Pedestrian Accidents in California?
- Call Us After a Pedestrian Accident in San Jose
Why Choose Our San Jose Pedestrian Accident Attorneys?
Wilshire Law Firm is a prominent presence in San Jose, renowned for our exceptional track record in managing cases related to pedestrian accidents. With 15 years of unwavering dedication to California’s accident laws, our experienced team prioritizes our clients’ well-being above all else.
We believe in aligning our interests with yours, so we operate on a contingency fee basis. You won’t incur any charges until we successfully secure your compensation, ensuring our commitment to your case remains resolute, regardless of your financial circumstances.
Our commitment to accessibility extends to our initial consultation as well. We offer a complimentary, commitment-free consultation to evaluate your pedestrian accident case, where we’ll explain your legal options and allow you to familiarize yourself with our team without any pressure to engage our services.
Wilshire Law Firm has won many awards. It’s a proud reflection of our allegiance to achieving legal excellence:
- Best Law Firm Awards: Recognized among the “Best Law Firms” by U.S. News & World Report and Best Lawyers®, highlighting our legal proficiency and commitment to client satisfaction.
- Recognized Legal Professionals: The National Association of Distinguished Counsel, among other respected organizations, acknowledges our attorneys as the Nation’s Top One Percent.
- Track Record of Success: Our record of garnering significant settlements and verdicts demonstrates our capability to handle complex accident cases effectively, including the $38.5 million motor vehicle accident settlement we recently recovered against a big insurance company refusing to compensate fairly.
Our San Jose office is located at 4340 Stevens Creek Boulevard, Suite 287, San Jose, CA 95129, for ease of access:
- Proximity to Key Areas: Our office is well-positioned in a popular city area near John Mise Park and Harker Academy.
- Client Accessibility: Situated in the bustling core of San Jose, our office is close to myriad clients’ errands and interests, strategically situated for convenience.
Choosing Wilshire Law Firm’s San Jose pedestrian injury lawyers means you’re teaming up with a firm deeply dedicated to your needs.
If you’ve been involved in a pedestrian accident, contact us for a free consultation to explore how we can assist you in achieving the compensation and justice you deserve.
Do I Have a Pedestrian Accident Claim?
A successful pedestrian accident claim in San Jose is based on negligence. A plaintiff must establish the four essential elements of negligence – the basic components in proving that the defendant is legally responsible.
The four elements of negligence are:
- Duty of Care: To establish a legal claim, the plaintiff must demonstrate that the defendant was obliged to apply reasonable caution and prevent harm. This duty applies universally to all individuals who operate vehicles or engage in activities with the capacity to harm pedestrians.
- Breach of Duty: Plaintiffs must prove that the defendant failed to uphold their duty of care towards the pedestrian. This entails showing that the defendant’s actions, or lack thereof, departed from the expected level of caution given the circumstances. For instance, a breach is when a driver neglects to yield at a crosswalk or violates traffic regulations.
- Causation: Establishing a direct connection between the defendant’s breach of duty and the pedestrian’s injuries is crucial. The plaintiff must demonstrate that the defendant’s conduct significantly contributed to the accident and subsequently harmed the pedestrian.
- Damages: The plaintiff must have incurred verifiable losses due to the defendant’s breach of duty. This damage could encompass medical expenses, pain and suffering, lost income, and other quantifiable forms of harm.
What Damages Are Available for Pedestrian Accident Victims?
In a pedestrian accident claim, victims may be entitled to various types of damages to compensate for their losses due to the incident. The available damages are grouped into economic and non-economic damages.
Here are common damages you may pursue in a San Jose pedestrian accident claim:
- Medical Expenses: Victims can seek compensation for necessary medical expenses from the pedestrian accident, including hospital bills, surgeries, medication, rehabilitation, and other medical treatments.
- Lost Earnings: If injured pedestrians can’t work due to injuries sustained in the accident, they may be entitled to compensation for lost wages. This includes both current and future income losses.
- Pain and Suffering: Non-economic damages include physical pain, emotional distress, and a diminished quality of life, and may be awarded to compensate for the intangible hardships experienced by the victim.
- Property Damage: Compensation may be sought for the repair or replacement of personal property damaged in the accident, such as clothing, electronic devices, or other belongings.
- Disability and Disfigurement: If the pedestrian sustains long-term disabilities or disfigurement due to the accident, they may be entitled to compensation for the lasting impact on their life.
- Loss of Consortium: Spouses or family members may be able to seek compensation for the loss of companionship, support, and services resulting from the injuries suffered by the pedestrian.
Each pedestrian accident case is unique, and the recoverable damages depend on the circumstances of the incident.
An experienced personal injury attorney can assess the full extent of damages applicable to your case and pursue the compensation you deserve.
What Can a San Jose Pedestrian Accident Lawyer Provide for Me?
If you’ve been hit by a car as a pedestrian, a lawyer can provide valuable assistance and support in several ways:
- Legal Consultation: A lawyer can offer an initial consultation to assess the details of your case. They listen to your accident account, review evidence, and help you understand your legal rights and options.
- Investigation: A lawyer can conduct a thorough investigation into the accident. This may involve gathering witness statements, obtaining accident reports, collecting surveillance footage, and consulting with accident reconstruction professionals to establish liability.
- Liability Determination: Your attorney will work to establish who was at fault in the accident. They will assess whether the car’s driver or any other party involved was negligent or acted recklessly, leading to the collision.
- Negotiations With Insurance Companies: Lawyers can handle communication and negotiations with insurance companies on your behalf. They will work to ensure that you receive fair compensation for your injuries, medical expenses, pain and suffering, lost wages, and other damages.
- Legal Representation: If negotiations with insurance companies are unsuccessful, your lawyer can file a personal injury lawsuit on your behalf and represent you in court. They will build a strong case, present evidence, and argue in your favor to seek the compensation you deserve.
- Medical Documentation: Lawyers can assist in gathering and organizing medical records, bills, and other documentation related to your injuries. This helps establish the extent of your injuries and the associated costs.
- Compensation Maximization: Experienced personal injury attorneys understand how to assess the full extent of your damages and ensure that you seek maximum compensation, including future medical expenses, ongoing rehabilitation, and long-term care if necessary.
- Peace of Mind: Legal professionals can guide you through the complex legal process, allowing you to focus on your recovery while they handle the legal aspects of your case.
- Contingency Fee Structure: Many personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case. This arrangement can provide access to legal representation even if you can’t afford upfront legal fees.
- Advocacy for Your Rights: A lawyer’s primary role is to advocate for your rights and best interests throughout the legal process, ensuring that you are treated fairly and receive the compensation you deserve for your injuries and losses.
Talk with an experienced personal injury attorney concentrating on pedestrian accidents to understand how they can assist with your case. They can provide personalized guidance tailored to your unique circumstances and help you navigate the legal process effectively.
Most Common Types of Pedestrian Accidents in San Jose
Pedestrian accidents can occur in various ways, often involving a collision between a pedestrian and a motor vehicle or other objects.
Here are different types of pedestrian accidents:
- Vehicle-Pedestrian Collisions: Pedestrians get hit while crossing the road at marked crosswalks, intersections, or hit-and-run cases where the driver leaves the scene. They can also happen when vehicles back out of driveways or parking spots and when a vehicle makes a right turn without giving way to pedestrians in a crosswalk.
- Distracted Driving: When drivers are distracted by using phones, eating, or engaging in other activities, they may not notice pedestrians, leading to accidents.
- Drunk or Impaired Driving: Alcohol or drug impairment can impair a driver’s judgment and reaction time, increasing the risk of hitting pedestrians.
- Speeding: Excessive speeding reduces a driver’s ability to stop in time to avoid hitting a pedestrian.
- Running Red Lights or Stop Signs: When drivers disregard traffic signals and signs, they may collide with pedestrians legally crossing the road.
- Reckless or Aggressive Driving: Aggressive behaviors such as tailgating, road rage, and weaving between lanes can endanger pedestrians.
- Pedestrian Struck by Cyclists: Pedestrians can also be hit by bicycles, particularly in urban areas with heavy bicycle traffic.
- Parking Lot Accidents: Pedestrians may be struck by vehicles in parking lots, especially when drivers are backing out of parking spaces or not paying attention.
- Sidewalk Accidents: Pedestrians can be injured if vehicles veer onto sidewalks due to accidents or reckless driving.
- Construction Zone Accidents: Construction zones can create pedestrian hazards, including falling objects and poorly marked walkways.
- Poor Road Conditions: Potholes, uneven pavement, and inadequate signage can lead to accidents where pedestrians trip or fall.
- Weather-Related Accidents: Adverse weather conditions such as rain, snow, or fog can reduce visibility and increase the risk of pedestrian accidents.
- Non-Vehicle-Related Accidents: Pedestrian accidents can also occur due to hazards like loose or damaged sidewalks, falling objects, or negligent property maintenance.
Each pedestrian accident can result in different injuries and liability considerations.
Seeking legal advice from a personal injury attorney can help victims of pedestrian accidents understand their rights and pursue compensation for their injuries and losses.
How Common Are Pedestrian Accidents in California?
Being the most heavily populated state in the nation, California naturally leads the pack when it comes to the unfortunate statistic of pedestrian fatalities.
In one recent year, motor vehicles struck and killed 504 pedestrians, according to the Governor’s Highway Safety Association—a 70 over the last 10 years.
The state’s pedestrian fatality rate was 1.29 deaths per 100,000 people, higher than the national rate of 1.04. Research blames the increased number of vehicles.
Cars hit hundreds of pedestrians in San Jose every year.
Call Us After a Pedestrian Accident in San Jose
If you or someone you know has been injured in a pedestrian accident in San Jose, it is time to seek legal guidance.
Our skilled San Jose personal injury attorneys can help you start the legal process, from filing a claim to negotiating with insurance companies and, if necessary, representing your interests in court. We are committed to ensuring our clients receive the legal representation they deserve in such an emotionally tumultuous time.
Our San Jose Location
Wilshire Law Firm
4340 Stevens Creek Blvd UNIT 287
San Jose, CA 95129
Tel: (408) 560-4642