Despite the fact that pedestrians always have the right of way in San Jose, pedestrian accidents, many of which are caused by negligent drivers, are common. If you or a loved one has been injured in a pedestrian accident, you may be entitled to significant compensation.
At J&Y Law, we believe that no one should be forced to suffer because of negligent drivers. Our pedestrian accident attorneys are dedicated to protecting our clients and keeping the streets of San Jose safe for everyone. We leverage our legal knowledge and negotiating skills to make sure our clients are treated fairly. When you consult J&Y, you can rest assured that we will always stand by you.
Common Causes of Pedestrian Accidents in San Jose
Most pedestrian accidents are the result of driver errors such as:
- Distracted driving
- Failure to yield
- Failure to obey traffic signals
- Speeding
- Driving under the influence
At J&Y Law, we have a proven tracking record of holding negligent drivers accountable and helping our clients obtain just compensation, inside or outside of the courtroom.
Common Pedestrian Accident Injuries
Pedestrian accidents in San Jose can result in all types of injuries, such as
- Abrasions, cuts, and bruises
- Fractures
- Head and neck injuries
- Traumatic brain injuries
- Loss of limb
- Wrongful death
Victims of pedestrian accidents face a long road to recovery marked by physical, emotional and financial obstacles. At J&Y, we will be there every step of the way, making sure you obtain the medical care that you need and the compensation you deserve.
The Grim Statistics of Pedestrian Accidents
Accidents between pedestrians and motor vehicles can occur in a variety of settings. In fact, the National Highway Traffic Safety Administration (NHTSA), has reported that:
- 90 percent of pedestrians are killed in single-car accidents
- 76 percent of pedestrian accidents occur in urban areas
- 72 percent of pedestrian fatalities occur at non-intersections
- 74 percent of pedestrian accidents occur in the dark
- 48 percent of pedestrian accidents involve alcohol use by the driver or the pedestrian
- 19 percent of pedestrian fatalities are caused by hit and run drivers
- California leads the nation in pedestrian accident fatalities
Given these statistics, it is important for pedestrians to exercise reasonable care for their own safety by obeying traffic signals, using marked crosswalks, using sidewalks when one is provided or, if there is no sidewalk, walking on the shoulder, facing traffic.
Proving Negligence in a Pedestrian Accident
Some of the factors involved in determining negligence in a pedestrian accident include:
- Whether the pedestrian was in a crosswalk
- Whether the pedestrian was walking along the side of the road
- The color of the traffic light for the driver
- The rate of speed at which the vehicle was traveling
- Visibility issues — sun glare, rain, or fog
- The time of day — dawn, daytime, dusk, or night
By conducting a thorough investigation, we can show that the driver was responsible for causing the pedestrian accident that resulted in your injuries. If you contributed to the pedestrian accident in any way, however, such as by failing to obey traffic signals, the amount of any compensation awarded to you will be reduced under the state’s rules of comparative negligence.
This is why it is so important to work with the pedestrian accident attorneys at J&Y. We know how to hold negligent drivers liable and will fight for your rights. In some cases, we collaborate with credentialed accident reconstruction specialists to collect evidence that demonstrates the driver’s fault and the full extent of his or her liability.
What to Do After a Pedestrian Accident in San Jose
After a pedestrian accident in San Jose, the first thing to do is immediately call the police and seek medical treatment. J&Y will rely on the police report to ascertain the facts of your accident. In addition, exchange contact and insurance information with the at-fault driver, and take pictures of the accident scene, the vehicle, traffic signs, and your injuries. If you are capable of performing these tasks, ask someone for assistance.
If you receive ongoing medical care, it is critically important to follow your doctor’s recommendations for treatment and rehabilitation. Moreover, the medical records will serve as important evidence, showing the nature and extent of your injuries.
How much is my pedestrian accident claim worth?
Although each case is unique, you may be entitled to compensation that includes economic and noneconomic damages. The former cover lost wages, medical expenses, property damage, and similar losses, while the latter will compensate you for pain and suffering, physical disabilities and loss of enjoyment of life. If the driver’s conduct was reckless or malicious, such as driving under the influence, punitive damages may also be awarded. Such damages are designed to punish the responsible party’s misconduct as well as to deter others from engaging in similar behavior.
Contact Our San Jose Pedestrian Accident Attorney
If you or a loved one has been injured in a pedestrian accident in San Jose, call J&Y Law today. Our legal team will offer you knowledge, compassion, and aggressive legal representation. We have a well-earned reputation for achieving successful outcomes in pedestrian accident claims. While we prefer to reach negotiated settlements in personal injury cases, we are fully prepared to litigate any matter. At J&Y, we handle all pedestrian accident cases on a contingency basis, which means you will not pay any attorneys fees until we win your case. Please contact our office today to set up a free consultation.