Pedestrian accidents are not always as straightforward as most people think. Walking through a crosswalk, jogging on the road, or riding on a bike path could just as easily become a complicated legal case requiring several factors to determine fault.
Driver inattention and outright negligence are often the main culprits of pedestrian accidents in San Jose or other parts of California. Motorists may also fail to yield to pedestrians where heavy buses, cars, and foot traffic intersect, leading to a vehicle and pedestrian collision.
Hiring a competent and experienced San Jose pedestrian accident lawyer can increase your chances of getting financial compensation and other damage recoveries following your accident.
OUR SAN JOSE PEDESTRIAN ACCIDENT LAW FIRM
Our San Jose personal injury lawyers are on a mission to provide our pedestrian accident clients with the best legal representation that large companies and insurance firms can access. We understand how daunting it can be for pedestrian accident victims to seek the justice they deserve from negligent road users. It becomes even more tasking to cover expenses and move forward after such a life-altering experience.
Our team at Galine, Frye, Fitting, and Frangos works around the clock to preserve all our client’s rights and has been doing so for the past 75 years. We take pride in the many victories we have achieved and clients we have helped with pedestrian accident cases. Trust us to provide you with the legal counsel you deserve in the pursuit of fair compensation.
NEGLIGENT DRIVERS PUT PEDESTRIANS AT RISK
All motorists are required by law to exercise care when operating motor vehicles on the road. This duty also extends to other road users, including pedestrians. Drivers who breach this legal obligation through reckless driving could cause devastating injuries and financial loss from pedestrian accidents.
It is not difficult to understand what a two-ton barreling machine could do to an unprotected unsuspecting pedestrian on the road. Motor vehicle damages often exceed scrapes and cuts. Instead, injuries such as broken bones, spinal cord injuries, and brain injuries are common.
Pedestrians injured by negligent motorists have the right to seek compensation for their injuries. Most pedestrian accidents detail the victim’s personal, social, financial, and career life. The medical and rehabilitative costs for treating advanced conditions can devastate the victim’s finances.
A San Jose pedestrian accident lawyer can compile evidence, negotiate with the negligent driver’s insurer, and pursue a fair settlement or, if necessary, litigate your claim in court.
How Do Negligent Drivers Cause Bicycle Accidents in San Jose?
San Jose’s $25 million investment in bicycle and pedestrian safety has involved building 400 miles of on-street bikeways. Additionally, the plan involves the broader use of protected bike lanes, with plastic or concrete barriers, to provide separation between bicyclists and motorized traffic. Unfortunately, despite this investment, funding is not available to completely change street designs at intersections where these accidents frequently occur, and it won’t make the traffic slow down either.
The 1,500 bicycle accidents in San Jose over five years make the city the most dangerous city in Santa Clara County for riders. Those 1,500 accidents involved more cyclist injuries, serious injuries, and deaths than the other top five cities combined. The most dangerous location for bicyclists in San Jose involves the downtown area, including the intersections of South Market and San Fernando Street, and East Santa Clara and South Fourth Street. Here is a look at how these accidents often occur.
Main Causes of Pedestrian Accidents in San Jose
Most San Jose pedestrian accidents result from drivers failing to yield to pedestrians on the road. You will find many instances where negligent drivers don’t yield the right of way or watch out for pedestrians at intersections, especially when turning onto other streets.
This segment highlights the main causes of pedestrian accidents in San Jose:
- Distracted driving: The leading cause of pedestrian accidents occurs when drivers are not focusing on the road. They may lose track of different conditions around them, including intersections and crosswalks, traffic lights, or pedestrians walking across or alongside the road.
- Driving under the influence: when drivers get behind the wheel while high or drunk, they become more Likely to lose control of their vehicles, putting other users on the road in danger.
- Illegal turns: Most drivers are always busy looking out for other cars that they sometimes disregard traffic rules and make illegal turns without noticing other road users, such as pedestrians.
- Reckless driving: Careless drivers who disregard traffic rules, such as beating the red light and ignoring traffic signs, are more likely to cause pedestrian accidents. Driving recklessly or speeding exposes everyone on the road to risk, especially pedestrians.
- Speeding: Most pedestrian accidents occur because of speeding, which gives the driver little to no time to maneuver or stop the vehicle accordingly.
Most pedestrian accidents are always preventable if both parties follow the laid-out traffic rules. However, if you or someone you know is involved in a San Jose pedestrian accident, collaborating with a seasoned pedestrian accident attorney will ensure you hold negligent, distracted, and reckless drivers accountable for their actions.
COMMON TYPES OF PEDESTRIAN ACCIDENTS IN SAN JOSE
Different situations can cause pedestrian accidents, most of which result from the driver’s negligence:
- Bicycle collision
- Bus collision
- Inadequate or malfunctioning road signage
- Motorcycle accident
- Intoxicated drivers
- Negligent or distracted driving
- Rideshare vehicle accident
- Train collision
As a pedestrian accident victim, you have every right to seek legal counsel and compensation for your personal injuries. Our San Jose pedestrian accident lawyer will make it a priority that you get proper compensation, and peace of mind knowing someone’s negligence on the road won’t jeopardize your financial health.
MOST COMMON INJURIES FROM PEDESTRIAN ACCIDENTS IN SAN JOSE
Many drivers aren’t always as watchful as they should be on the road, especially when it comes to pedestrians. Unfortunately, pedestrians are more disadvantaged when road accidents occur because they are not always protected like these inside the vehicles.
Motor crashes involving pedestrians can result in serious injuries that may include:
1. Back and Neck Injuries
Pedestrian accident victims in San Jose are at a higher risk of sustaining ruptured, herniated, or slipped discs. Some victims may suffer neck injuries that can cause disability or overwhelming pain.
2. Bone Fractions
Broken collar bones, rib breaks, skull fractures, and sprains or breaks to the knees, ankles, hips, wrists, arms, and pelvis may require therapy or surgery. Most of these injuries are often painful and debilitating and may hinder the victim from performing everyday tasks with ease.
3. Internal Injuries
Severe pedestrian accidents may also damage internal organs. Many pedestrian accident victims sustain lung punctures, ruptured spleens or livers, internal kidney damage, and other injuries that may require extensive medical treatment and surgery.
4. Limb Loss or Amputations
Losing a limb following a pedestrian accident can be particularly devastating to the victim. Such life-changing injuries often require a complete adjustment for the victims, who must learn to walk again or perform certain tasks because of their new limitations.
5. Spinal Cord Injuries (SCIs)
Many spinal cord injuries are complicated and extremely painful to treat. Often, pedestrians who sustain spinal cord injuries experience some degree of paralysis. Some road accident victims may remain permanently disabled, while others recover to some extent through surgery and therapy. Many spinal cord injuries are costly and require extensive medical treatment that can sometimes be life-long.
6. Traumatic Brain Injuries (TBIs)
Most traumatic brain injuries result in overwhelming pain and suffering and may even lead to permanent disabilities. Victims who suffer from TBIs must always go through extensive therapies and surgeries. They also spend months (even years) in recovery.
RECOVERABLE DAMAGES IN SAN JOSE PEDESTRIAN ACCIDENT CASES
Once your San Jose pedestrian accident lawyer has proof that the motorist of another party is liable for injuries, the next step is to establish the damages sustained because of the driver’s or other party’s liability. Recoverable damages are categorized into economic and non-economic damages.
ECONOMIC DAMAGES
These include the financial harm the victim of a pedestrian accident suffers, such as:
- Costs of activities the victim can no longer do himself or herself
- Lost earning capacity
- Lost income, starting with the accident and in the future
- Past and future medical treatment and care
- Replacement services (relating to daily living and household costs)
NON-ECONOMIC DAMAGES
These damages are more difficult to place a fixed value on.
They include:
- Loss of enjoyment of life
- Pain and suffering
- Mental and emotional distress
- Your spouse’s loss of consortium
STEPS TO TAKE AFTER A SAN JOSE PEDESTRIAN ACCIDENT
Whenever a pedestrian is hit while walking on the sidewalk or marked crosswalk, he or she has been involved in a pedestrian accident. Pedestrian accident victims should be mindful of the steps they take after an accident. This segment provides an overview of steps to take immediately after a pedestrian accident:
GET IMMEDIATE MEDICAL ATTENTION
If you sustained serious injuries, seek immediate medical attention from first responders. Make sure you prioritize these actions to address any injuries incurred following the accident right away.
CONTACT LAW ENFORCEMENT
Filing a police report immediately after getting medical attention is one of the critical pieces of evidence your San Jose pedestrian accident lawyer will use to establish your pedestrian accident claim. So, the earlier you can file a police report with the authorities, the better.
GATHER RELEVANT INFORMATION
This may include the vehicle’s license plate, model number, and color. When possible, you also need the name and state of the driver. Get the contact information of witnesses around the scene who might be willing to testify. Try to collect any audio and/or video recordings that captured the scene.
CONTACT A SAN JOSE PEDESTRIAN ACCIDENT ATTORNEY AT GALINE, FRYE, FITTING & FRANGOS
A San Jose pedestrian accident lawyer has the experience necessary for handling personal injury cases. From gathering critical pieces of evidence for the claim, negotiating with the driver’s insurance company, and arriving at a logical settlement with the at-fault party, a pedestrian accident attorney is an invaluable ally.
SAN JOSE PEDESTRIAN ACCIDENT FAQS
It is understandable to have a lot of questions following a pedestrian accident. Our San Jose pedestrian accident lawyers at Galine, Frye, Fitting & Frangos, LLP, are here to answer your pressing questions according to your unique situation.
1. DO PEDESTRIANS ALWAYS HAVE THE RIGHT OF WAY IN SAN JOSE?
Generally, pedestrians have the right of way on the road. However, there are some situations where pedestrians legally must yield to other road users. Under the California Vehicle Code §21950, pedestrians do not have the right of way at road sections other than marked or unmarked intersections or crosswalks. If a pedestrian crosses the road at places where there is no intersection, he or she must yield the right of way to oncoming traffic.
2. WHAT TYPES OF DAMAGES CAN I BE ENTITLED TO?
Pedestrians who pursue and win their accident claims may be entitled to compensation for a variety of damages, depending on the facts presented during the case proceedings.
These may include:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of earning capacity
- Emotional distress
- Loss of employment benefits
Your pedestrian injury lawyer will ensure the most appropriate and legal compensation for damages sought in your case.
3. HOW WILL I PROVE THE DRIVER’S FAULT?
In a San Jose pedestrian accident claim, the injured victim must prove the driver’s fault to receive compensation.
Proving the driver’s fault in the pedestrian accident may involve:
- Contacting the police
- Speaking to eyewitnesses
- Gathering evidence
- Obtaining a police report
- Hiring a San Jose pedestrian injury attorney
You may also need technical experts to testify on your behalf throughout the trial period. The right pedestrian accident attorney will help you handle the burden of proof as you focus on healing.
HOW OUR SAN JOSE PEDESTRIAN ACCIDENT ATTORNEYS CAN HELP YOU
If you or your loved one gets injured due to a negligent or distracted driver, contact Galine, Frye, Fitting & Frangos, LLP for legal assistance. We thoroughly investigate our clients’ accident cases and determine the best course of action for clients moving forward with injury claims.
If necessary, our lawyers consult with other professionals, including financial experts, life care planners, accident reconstruction specialists, and more, to gather critical information needed for a successful claim. We’re highly skilled at negotiating the best pedestrian accident claims deals with insurance companies that are notorious for using different tactics to build persuasive cases for damages.
Don’t let a negligent, speeding, reckless, or distracted driver derail your life without getting the justice you deserve. Contact Galine, Frye, Fitting & Frangos, LLP at (408) 317-7393 for your free consultation and learn more about how we can help you achieve justice.