When you are walking, you have nothing to protect you from a moving vehicle’s weight. If a driver fails to look, slow down, or yield, you are the one who suffers the consequences, which often include broken bones, brain injuries, or worse. If a careless driver struck you or someone you love, the days that follow can be frightening and uncertain. A San Jose pedestrian accident lawyer can help you understand your rights and pursue the compensation you need to heal.
To reduce what they owe, insurers commonly argue that the pedestrian was partly to blame. An experienced personal injury attorney can investigate what happened, gather evidence, and challenge the insurance company on your behalf.
In a pedestrian case, right-of-way often decides who is responsible. Under California Vehicle Code § 21950, if you are in a crosswalk, you have the right-of-way, and an approaching driver must slow or stop to let you cross safely. A driver who strikes you when you have the right-of-way has likely violated this law, which is strong evidence of negligence.
Right-of-way is not the only factor, though. Since the state applies pure comparative negligence, being partly at fault does not bar your claim; it only reduces your recovery by your portion of responsibility.
Insurers know this and will often exaggerate your role. A San Jose pedestrian collision lawyer can examine how those duties apply to the facts surrounding the crash instead of assuming fault based only on where the impact occurred. When reconstructing the collision, important evidence includes:
Gathering this proof early helps build an accurate account of the crash.
A serious injury can affect every part of your life, from your health to your finances. Holding the responsible driver accountable can ease your financial strain so you can focus on healing.
Depending on your situation, your claim may seek payment for:
If you are in San Jose, one of our pedestrian accident attorneys can work with medical and financial experts to document the true cost of your injuries.
Two factors work against your claim: time and the insurance company. In most cases, California Code of Civil Procedure § 335.1 sets the deadline to file suit at two years from the date of the crash. Once that date passes, the statute bars your claim.
At the same time, the insurer builds its own strategy. Adjusters may request a recorded statement, push an early and low settlement offer, or use your own words against you. A San Jose lawyer can handle the insurance company, preserve key evidence, and file your pedestrian accident claim on time.
If a vehicle hits you while you are on foot, you could sustain serious injuries and face an uncertain future. You do not have to deal with the insurance companies on your own. With compassionate guidance and determined advocacy, you can focus on healing while we handle your claim.
Since 1975, our family-run firm has fought to hold negligent drivers and their insurers accountable. A San Jose pedestrian accident lawyer can review your case, answer your questions, and help you move forward. Contact Dunnion Law today for a free consultation to discuss what happened.
