Many pedestrians who are struck by cars think that they are not entitled to compensation because they were not in a crosswalk at the time. However, fault is not always black and white in car-pedestrian accidents.
Pedestrian Accident Lawyers in San Jose
At the law firm of Galine, Frye & Fitting, our San Jose pedestrian accident lawyers represent victims of car-pedestrian accidents in San Jose and throughout the Bay Area. If you have been seriously injured as a pedestrian, call us at 650.425.3267 or contact us online for a free case evaluation.
Liability in Car-Pedestrian Accidents
When a car-pedestrian accident results in injury, California law analyzes the comparative fault of each party. If you are partially at fault, you can still recover damages. However, your recovery will be reduced by any percentage of fault that is assigned to you. For example:
- If you were 10 percent at fault, you can recover 90 percent of your damages from the other party
- If you were 50 percent at fault, you can recover 50 percent of your damages from the other party
- If you were 90 percent at fault, you can recover 10 percent of your damages from the other party
In California, pedestrians have the right of way when crossing at corners or other crosswalks, even if the crosswalk is in the middle of the block, at a corner without traffic lights or whether the crosswalk was marked by painted lines. Even if you were injured outside of a crosswalk, the driver may be responsible if he or she was speeding, inattentive or not watching out for pedestrians.
Contact us today: Evidence is important to a pedestrian accident case. Our pedestrian accident attorneys in San Jose need to find witnesses while the accident is fresh in their minds. We also need to preserve photos of skid marks, damage to the vehicle and the surrounding scene.
Contact Our San Jose Pedestrian Accident Lawyers Today!
Call us night or day at 650.425.3267 or contact our San Jose pedestrian accident lawyers online to arrange a free initial consultation.