San Jose Pedestrian Accident Lawyers

Have You Been Injured in an Accident as a Pedestrian in San Jose?

At Thompson Law, we recognize the significant dangers pedestrians face in San Jose. Unlike vehicle occupants who benefit from seat belts and airbags, pedestrians have no protection, making them susceptible to severe injuries. For instance, if a car hits a pedestrian, the individual might be thrown onto the road or against a stationary object, leading to serious harm.

If you’ve been involved in a pedestrian accident, it’s crucial to seek legal assistance promptly. Some injuries, such as traumatic brain injuries, internal organ damage, or spinal cord injuries, might not be immediately evident. Even conditions like whiplash or persistent pain can emerge hours or days later. Consulting a doctor is essential to identify and treat these injuries, but medical expenses can quickly add up. Costs may include surgeries, physical therapy, ongoing treatments, and medications, all of which can disrupt your daily life.

You don’t have to navigate this challenging time alone. Our experienced San Jose pedestrian accident lawyers are here to support you. We offer a FREE CONSULTATION and only charge fees if we secure compensation for your injuries. Let us advocate for the justice and compensation you deserve. Contact us today to begin the process.

Pedestrian Accident

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What Compensation Can I Recover For My Pedestrian Accident Injuries?

Pedestrian accidents can have serious financial and emotional consequences. If you’ve been injured, you may be able to recover compensation for:

Medical Expenses

This includes all costs related to your injury, such as hospital visits, physical therapy, surgeries, medication, and any future medical care you may need.

Lost Wages

If you had to miss work due to your injuries, you can recover compensation for lost wages. If your injuries affect your ability to work in the future, you may also be entitled to future lost earnings.

Pain and Suffering

Pain and suffering compensation covers the physical pain, emotional distress, and life changes caused by your injuries. If you now struggle with daily tasks, can no longer enjoy hobbies, or have ongoing anxiety, these damages may apply.

Since every case is different, speaking with an experienced attorney can help determine the full amount you may be entitled to. Contact our San Jose pedestrian accident lawyers for a FREE CONSULTATION to learn more.

Choose Thompson Law For Your Pedestrian Accident Claim in San Jose

Being involved in a pedestrian accident can lead to serious injuries and unexpected expenses. Medical bills can add up quickly, and you might find yourself unable to work during your recovery. Unfortunately, even if it’s clear that the driver was at fault, getting full compensation isn’t always straightforward. Insurance companies often try to reduce the amount they pay out and may use tactics like delaying your claim, offering a low settlement, or questioning the severity of your injuries.

For instance, an insurance adjuster might pressure you to accept a quick settlement that’s far less than what you need to cover your medical expenses and lost wages. Without someone on your side who knows the legal system, it’s easy to feel overwhelmed and make decisions that aren’t in your best interest.

This is where our experienced San Jose pedestrian accident lawyers come in. We understand how to deal with insurance companies and protect your rights. From gathering evidence and talking to witnesses to negotiating fair settlements, we’re here to handle the legal complexities so you can focus on healing.

You don’t have to face this battle alone. Let our legal team fight for the justice and compensation you deserve while you focus on your recovery. Contact us today for a FREE, NO-RISK CONSULTATION and take the first step toward securing your future.

 

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Pedestrian Rights in San Jose

In San Jose, pedestrians have specific protections under California law to ensure their safety on roads and sidewalks. According to California Vehicle Code Section 21950, drivers must yield to pedestrians crossing the street within any marked or unmarked crosswalk at intersections. This means that even if a crosswalk isn’t painted on the road, the area where streets intersect is considered a crosswalk, and drivers are required to stop for pedestrians there.

For example, if you’re walking across an intersection without painted lines, drivers still need to yield to you. However, as a pedestrian, you also have responsibilities. The law advises against stepping off the curb suddenly into the path of a vehicle that’s too close, as this can create a dangerous situation. It’s important to make sure it’s safe before crossing.

Additionally, pedestrians should use crosswalks when available and avoid crossing streets in areas marked as unsafe or where crossing is prohibited. Knowing and practicing these rights and responsibilities lets both pedestrians and drivers help make San Jose’s roads safer for everyone.

How Can Our San Jose Pedestrian Accident Lawyers Help?

After a pedestrian accident, life can change dramatically. Choosing the right San Jose pedestrian accident lawyer is a crucial step toward getting the financial support you need for medical bills, lost income, and other related expenses. Such accidents don’t just affect you; they also impact your family, who may need to adjust to new circumstances.

At Thompson Law, we recognize that returning to work might be difficult or even impossible after your injuries. Your daily routine may now include frequent doctor visits and therapy sessions. In some cases, you might reach a point where medical professionals determine you’ve recovered as much as possible, even if you’re not back to your pre-accident condition, which can be hard to accept.

With so much to manage, it’s essential to have an experienced San Jose pedestrian accident lawyer who understands your situation and is ready to support you throughout the process.

In San Jose, you generally have up to two years from the date of the accident to file a personal injury claim. Consulting with a pedestrian accident attorney at Thompson Law can help you navigate the claims process and take the necessary steps to protect your rights. Our goal is to secure both economic and non-economic damages you’re entitled to under the law.

Economic Damages in Pedestrian Cases

Economic damages cover the financial losses you experience as a result of the accident. These include:

  • Medical Expenses:  This includes current and future costs for hospital stays, surgeries, doctor visits, physical therapy, and any necessary medical equipment or home modifications.
  • Lost Wages:  Compensation for income lost due to time off work during recovery, as well as future earnings if you’re unable to return to your previous employment.
  • Property Damage:  Costs to repair or replace personal property damaged in the accident, like clothing or electronic devices.
  • Replacement Services:  Expenses for services you can no longer perform yourself due to your injuries, such as housekeeping, childcare, or transportation.

Non-Economic Damages in Pedestrian Cases

Non-economic damages are harder to calculate since they relate to personal and emotional suffering. These may include:

  • Pain and Suffering:  Compensation for the physical pain and discomfort endured as a result of the injuries.
  • Emotional Distress:  Addressing psychological impacts such as anxiety, depression, or trauma stemming from the accident.
  • Loss of Enjoyment of Life:  If your injuries prevent you from participating in hobbies, recreational activities, or other aspects of life you previously enjoyed.
  • Scarring or Disfigurement:  Compensation for permanent physical changes resulting from the accident.
  • Permanent Impairment or Disability:  If the accident leads to lasting disabilities that affect your ability to work or perform daily activities.

In wrongful death cases, family members such as spouses, children, or parents may also claim non-economic damages for loss of companionship, support, and guidance.

If you or a loved one has been injured in a pedestrian accident involving a motor vehicle, reach out to the San Jose pedestrian accident lawyers at Thompson Law for a free case review. Our legal team will handle the insurance and legal processes, ensuring your rights are protected and you receive the maximum compensation allowed under California law. Focus on your recovery—we’ll take care of the rest.

Why Choose Thompson Law?

As one of the best personal injury law firms in the area, Thompson Law has a team of experienced and dedicated personal injury attorneys who are ready to fight for your legal rights.

At Thompson Law, we understand the emotional distress that comes with serious injuries, and we are committed to providing you with the best legal representation possible. Our trial lawyers are not afraid to take your case to court if necessary and have successfully secured billions of dollars in compensatory and punitive damages for our clients.

We have extensive experience working with insurance companies, large corporations, and medical professionals, and we know how to get you the results you deserve. We operate on a contingency fee basis, meaning you will not have to pay anything until we win your case.

Don’t let a personal injury case ruin your life. Contact Thompson Law‘s San Jose pedestrian lawyers today and schedule a FREE CONSULTATION to discuss your legal options. Our team of dedicated injury attorneys will provide you with the legal advice and representation you need to get the compensation you deserve.

Call Our San Jose Pedestrian Accident Lawyers Today

At Thompson Law, we understand how overwhelming a pedestrian accident can be. From handling medical bills to dealing with insurance companies, the process is stressful. You don’t have to go through it alone.

Our attorneys will take care of everything, from investigating your accident to negotiating with insurance adjusters, so you can focus on healing. We have the experience and resources to fight for the compensation you deserve.

Why Choose Thompson Law

Keep in mind that in most cases, you only have two years to file a claim in San Jose. Don’t wait until it’s too late. Contact us now for a FREE CONSULTATION and take the first step toward getting your life back on track.

Proving Driver Negligence in Pedestrian Accidents

If you were hit by a vehicle in San Jose, proving that the driver was at fault is an important step in getting the compensation you deserve. Even when it seems obvious that a driver caused the accident, the law requires specific proof to establish negligence. Your San Jose pedestrian attorney must demonstrate four main elements:

Duty of Care

Every driver has a legal duty to operate their vehicle responsibly to prevent harm to others. This includes pedestrians, cyclists, and fellow drivers. In simple terms, drivers must follow traffic laws, stay alert, and take reasonable steps to avoid accidents.

Breach of Duty

A driver breaches their duty of care when they act in a way that a reasonable driver would not. Common examples include:

  • Speeding or driving too fast for conditions
  • Running a stop sign or red light, including turning right when a pedestrian has the right of way
  • Driving under the influence of alcohol or drugs
  • Texting or using a phone while driving
  • Ignoring crosswalks or pedestrian safety laws

Causation

Your lawyer must prove that the driver’s negligent actions directly caused your injuries. For example, if a distracted driver ran a red light and hit you while you were crossing legally, their actions led to your injuries.

Damages

To seek compensation, you must show that you suffered actual harm from the accident. This can include:

  • Medical expenses for hospital visits, surgeries, or therapy
  • Lost wages from missing work
  • Pain and suffering from physical or emotional distress

If you were injured as a pedestrian, our experienced San Jose accident attorneys can investigate your case and determine if negligence was involved. Contact us today for a FREE CONSULTATION and find out how we can help you seek the compensation you deserve.

What Is a Pedestrian Accident?

A pedestrian accident occurs when someone on foot is hit by a vehicle, bicycle, or other forms of transportation. These incidents often take place in high-traffic areas like crosswalks, intersections, sidewalks, or parking lots. Sometimes, pedestrian accidents also involve individuals using skateboards, wheelchairs, or scooters.

Pedestrian accidents are particularly serious because those on foot lack the protection that vehicle occupants have, leading to more severe and potentially life-threatening injuries. Factors such as driver inattention, unsafe road conditions, or poor visibility can result in devastating outcomes for victims and their families.

How Are Pedestrian Accidents Different in San Jose?

Pedestrian accidents in San Jose are notable due to the heightened risks pedestrians encounter and the legal measures in place to protect them. Unlike vehicle collisions, where occupants have safety features like seat belts and airbags, pedestrians are unshielded. This often leads to severe injuries, including traumatic brain injuries, spinal cord damage, fractures, and even fatalities.

San Jose’s busy roads, fast-moving traffic, and dense urban areas increase the likelihood of pedestrian accidents. Traffic laws aren’t always observed, and enforcement can vary. Areas like downtown San Jose present unique challenges with heavy traffic, large populations, and sometimes insufficient pedestrian infrastructure or safe crossing points.

If you’ve been injured in a pedestrian accident, it’s essential to consult with our knowledgeable San Jose pedestrian accident lawyers. We can guide you through the legal process to ensure you receive fair compensation for your injuries.

San Jose Pedestrian Accident Statistics

Pedestrian accidents in San Jose have been a growing concern. In 2022, the city recorded 281 pedestrian accidents resulting in injuries, with at least six fatalities. Alarmingly, by mid-2023, San Jose had already reported 21 pedestrian deaths, indicating a troubling trend. Factors contributing to these incidents include speeding, distracted driving, and inadequate pedestrian infrastructure. Notably, a significant portion of these accidents occurred during evening hours when visibility is reduced.

Most Common Factors of Pedestrian Accidents in San Jose

Pedestrian accidents are influenced by various factors in San Jose. Some of the key contributing elements include the following:

  • Time of Day and Lighting Conditions:  Nearly 70% of pedestrian fatalities in 2021 occurred during dark hours, highlighting the dangers of low visibility.
  • Urban Areas:  High-density regions, especially downtown San Jose, see a higher incidence of pedestrian accidents due to heavy traffic and numerous intersections.
  • Demographics:  Middle-aged to elderly individuals are more frequently involved in severe or fatal pedestrian accidents.
  • High-Risk Locations:  Streets like Monterey Road have been identified as particularly hazardous, with multiple dangerous intersections.
  • Speeding and Distracted Driving:  Excessive speed and driver inattention, often due to smartphone use, are leading causes of pedestrian accidents.

Common Pedestrian Accident Injuries in San Jose

Pedestrians have little protection in an accident, so injuries are often severe. Many victims face long recovery times, expensive medical bills, and an uncertain future. Some of the most common injuries our San Jose pedestrian accident lawyers frequently encounter include:

  • Traumatic brain injuries, such as concussions
  • Fractured bones, particularly in the legs, from the impact or arms when bracing for impact
  • Spinal cord injuries
  • Paralysis injuries
  • Internal injuries, particularly organ damage
  • Lacerations and abrasions
  • Major scarring, often requiring surgical revision by plastic surgeons
  • Joint injuries
  • Amputation
  • Wrongful death

If you or a loved one has been hit by a vehicle, you may be entitled to compensation. Speak with our San Jose pedestrian accident lawyers today for a FREE CONSULTATION to learn about your legal options.

At Thompson Law

We are dedicated to providing pedestrian accident victims with focused and determined legal representation to ensure you receive the full value of your claim. Our San Jose pedestrian accident lawyers will gather solid evidence to build a strong case and help you secure the compensation you deserve.

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FAQs About San Jose Pedestrian Accidents

How can I tell if my pedestrian accident claim is valid?

A valid claim usually depends on whether the driver acted negligently and whether their actions directly caused your injuries. If a driver broke a traffic law, was distracted, or acted recklessly, you may be eligible for compensation. Our attorneys can review your case for free and help determine your options.

Does it matter if I wasn’t using a crosswalk when I was hit?

Even if you were not using a crosswalk, you may still have a case. Drivers are expected to watch for pedestrians and avoid collisions whenever possible. While crossing outside of a designated crosswalk can make a case more complex, it does not automatically mean you are at fault.

Will my pedestrian accident case go to trial?

Most pedestrian accident cases settle out of court through negotiations with the insurance company. However, if a fair settlement cannot be reached, our attorneys are prepared to take your case to trial to fight for the compensation you deserve.

Can I file a pedestrian accident lawsuit in San Jose if I don’t live there?

Yes. If the accident happened in San Jose, you have the right to file a lawsuit, even if you live in another state. Our attorneys can handle everything locally while keeping you updated throughout the process.

How much does it cost to hire a pedestrian accident lawyer?

We work on a contingency fee basis, which means you pay nothing upfront. We only get paid if we win your case.

Thompson Law Guarantee

Thompson Law charges NO FEE unless we obtain a settlement for your case. We’ve put over $1.9 billion in cash settlements in our clients’ pockets. Contact us today for a free, no-obligation consultation to discuss your accident, get your questions answered, and understand your legal options.

State law limits the time you have to file a claim after an injury accident, so call today.