San Jose is viewed as a relatively walkable city in the bay area, with many neighborhoods that offer easy pedestrian access to popular destinations and favorite amenities. Yet San Jose is also a bustling suburban area with motor vehicle drivers who can be guilty of dangerous behaviors that endanger the lives of the city’s pedestrians.
If you get hit by a car while walking or jogging in San Jose, it is easier to heal and recover when you have the compensation you need. The San Jose pedestrian accident attorneys at Jacoby & Meyers are passionate about helping accident victims seek justice, hold at-fault parties accountable and get back to the lives they love. Contact us today for a free consultation.
Why Choose Our San Jose Pedestrian Accident Attorney?
- Our injury lawyers in San Jose have been representing clients since 1972 with a 99 percent case success rate. Our team of lawyers, case managers and assistants make us successful in the courtroom and beyond.
- Our more than $2 billion won in settlements includes a $9.24 million outcome and another $6.7 million in two auto vs. pedestrian cases.
- We offer compassion to the most vulnerable. There are no fees unless we win. We work for you, meaning we will not collect a fee unless we win your pedestrian accident case.
How Can a Pedestrian Accident Lawyer in San Jose Help?
Pedestrian accident cases in California can involve complex legal issues. Determining who is liable, or legally responsible, can be difficult – especially if there is a liability dispute or multiple parties are involved.
In addition, if you suffered significant injuries, you may need assistance collecting fair compensation from the car insurance companie. The driver’s insurance provider may use many tactics to avoid paying you what you deserve.
An experienced pedestrian accident attorney in San Jose can give you the representation you need during insurance negotiations. Your lawyer will take over communications with insurance adjusters to protect your best interests and fight for the settlement you deserve. The right lawyer can improve the outcome of your case and give you peace of mind.
Negligence and Pedestrian-Vehicle Collisions in San Jose
The legal theory of negligence is the center point of most pedestrian accident claims in San Jose. In personal injury law, “negligence” is the failure to act with a reasonable or ordinary level of care. When someone’s negligence results in injury to others, the injured parties have the right to file civil claims in pursuit of financial compensation.
Types of negligence that are often behind pedestrian- motor vehicle accidents in San Jose include:
- Driving while distracted
- Cell phone use while driving
- Drowsy or fatigued drivers
- Speeding
- Failing to yield at crosswalks and intersections
- Ignoring pedestrian rights-of-way
- Speeding in school zones
- Illegally passing a school bus
- Running red lights and stop signs
- Ignoring traffic signs and rules
- Driving under the influence of drugs or alcohol
- Inexperienced drivers
- Reckless driving
- Not obeying traffic signals
While driver error is the number one cause of pedestrian accidents, other factors can also play a role. If a sidewalk was defective, for instance, forcing pedestrians to walk in the road, the City of San Jose could be held responsible for failing to provide safe walkways. An analysis of your accident can be done to determine cause and fault with the help of a San Jose car accident attorney.
Common Pedestrian Accident Injuries
When a motor vehicle strikes a pedestrian, the outcome for the latter can be catastrophic. The human body cannot withstand the forces exerted upon it when hit by a large and heavy motor vehicle. As a result, the pedestrian could suffer many serious injuries:
- Compound bone fractures
- Soft-tissue injuries
- Skull fractures and traumatic brain injuries
- Neck and back injuries
- Spinal cord injuries
- Permanent paralysis (paraplegia or quadriplegia)
- Internal injuries and organ damage
- Crush injuries
- Severe lacerations or road rash
- Scarring and disfigurement
- Amputations
- Fatal injuries
In addition, getting hit by a car can cause significant emotional harm, including post-traumatic stress disorder, new fears or phobias, chronic anxiety, and depression. In California, it is possible for the victim of a pedestrian accident to recover compensation for any injuries suffered in the collision.
Who Pays for a San Jose Pedestrian Accident?
In California, an injured pedestrian can qualify for compensation from the driver’s car insurance provider if fault or negligence can be established. Most of these cases involve violated traffic laws, which can place liability on the vehicle driver.
You or your pedestrian accident attorney will need to provide evidence supporting your case to qualify for compensation, such as a police accident report, eyewitness statements, photographs from the crash scene and the driver’s cell phone records. If your attorney can successfully prove fault, you can receive financial compensation for your related losses from the driver.
What Is the Average Settlement for a San Jose Pedestrian Accident Claim?
An ” average” settlement is not something that should be used to estimate the value of a pedestrian accident case in San Jose. Each case is unique, with settlement value ranging significantly from case to case.
Rather than relying on an average while negotiating a settlement with an insurance company, discuss your case with an attorney at Jacoby & Meyers for an accurate understanding of how much your pedestrian accident case is worth. We will negotiate on your behalf to recover fair compensation for all of your losses, including:
- Past and future medical bills
- Lost wages and capacity to earn a living in the future
- Short-term or long-term disability
- Pain and suffering
- Emotional or psychological damage
- Out-of-pocket costs
- The death of a loved one
If the driver is guilty of an especially negligent or wrongful act, such as drunk driving, you may also be eligible for an additional payment in punitive damages. The negotiators and litigators at Jacoby & Meyers can help you get the most out of your pedestrian accident claim using proven legal tactics.
Contact Jacoby & Meyers for a Free Consultation With a Pedestrian Accident Lawyer in San Jose
At Jacoby & Meyers, we understand how dramatically getting hit by a car can affect your life, well-being and future. We are dedicated to directing accident victims through the process of recovering, both physically and financially. We will stand by your side, from making sure you get the appropriate treatment for your health to fighting for justice against a negligent driver on your behalf.
If you or a loved one is a victim of a recent pedestrian accident, don’t hesitate to contact our injury attorneys for a free case evaluation. We can provide personalized legal advice to help you protect your rights as you move forward with the claims process. Contact us at (408) 341-6883 to request a free consultation.
Our San Jose office address is Plaza West, 3031 Tisch Way #110, San Jose, CA 95128. We offer extremely flexible appointments with availability 24 hours a day, seven days a week.