SAN JOSE PEDESTRIAN ACCIDENT LAWYER
Thousands or even millions of people walk across the streets every day. And pedestrian accidents happen each day because of negligent drivers. Despite being extremely careful when crossing the street, an accident can still occur.
Pedestrian accidents often result in severe injuries. An injured victim may pay a hefty amount for their recovery. They may even miss days of work because of their injury. Not only that, some drivers try to flee after hitting a pedestrian. Compensation in hit-and-run cases is not guaranteed.
Hiring a San Jose pedestrian accident attorney can help you with your pedestrian accident case. At Daneshrad Law, our San Jose pedestrian accident lawyer assists pedestrian accidents victim to recover compensation for their damages.
Our San Jose pedestrian accident attorney will thoroughly evaluate your case. We will help you achieve the best outcome for your case, even in a hit-and-run case. Our San Jose pedestrian accident law firm has years of successful client representation experience, defending pedestrians against negligent drivers.
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Hiring Our San Jose Pedestrian Accident Lawyer Can Help You With Your Pedestrian Accident Case
San Jose pedestrian accident attorneys are knowledgeable professionals in local traffic regulations. They helped injured pedestrians recover compensation for their damages. Our experienced San Jose pedestrian accident attorney helps clients with their personal injury cases.
Our San Jose pedestrian accident attorney will provide an in-depth case analysis. We will dissect your case and explain to you what is going on. We create the best defense strategy applicable to your case.
Our pedestrian-car accident lawyer will negotiate with insurance companies. We will help you maximize your personal injury claims. Our personal injury accident lawyer has years of experience dealing with an insurance company.
Daneshrad Law PC has successfully helped many clients with their personal injury cases. Our experienced pedestrian accident lawyer will help you recover money for your medical bills and lost wages. We assure our clients that we will handle their cases thoroughly and that their best interests are met.
What You Need To Know About Pedestrian Laws In California
Pedestrian laws are established to protect the safety of every pedestrian crossing the road. The Vehicle Code, Division 11, Chapter 5, constitutes California Law’s pedestrian rights and duties. Section 21950 specifically talks about the rights of a pedestrian when crossing a road.
Clause (a) of the section states that a driver should give way to pedestrians crossing the street using a marked or an unmarked crosswalk. The clause covers the safety of the pedestrian crossing the road. Drivers are also required to slow down when coming to a crosswalk.
The section also covers the duty of a pedestrian when crossing an intersection. The section states that pedestrians must not cross the road when the distance between them and an oncoming car is unsafe. Pedestrians must also not stop in the middle of the road.
The same section specifies that drivers also have to ensure the safety of a crossing pedestrian. They should slow down when approaching a pedestrian in a marked or unmarked crosswalk.
How Common Are Pedestrian Accidents In San Jose, California?
The National Highway Traffic Safety Administration (NHTSA) published a Fatality Analysis Reporting System or FARS census. In the said report, the department showed that there were 972 pedestrian fatalities reported in 2019. This number is significantly higher than the 2015 report.
- 2019: 972
- 2018: 978
- 2017: 940
- 2016: 933
- 2015: 819
This report shows that we are seeing a consistent increase in pedestrian accident cases for the past five years. In 2019, 62% of pedestrian injury accidents were caused by failure to give way to pedestrians. The California Office of Traffic Safety shows that in 2018 there were 3,563 pedestrians both injured and killed in Los Angeles.
These statistics give us insight into where we stand when observing pedestrian safety—many injured pedestrians suffer from severe injuries caused by negligence.
Most Common Causes Of Pedestrian Accidents In San Jose
Pedestrian accidents occur because of several reasons. In 2019, the most common cause of pedestrian accidents was failing to yield the right of way. This means that the at-fault drive did not give way for the pedestrians to cross the road.
The second most common reason is an improper crossing of roadway or intersection. This could mean that the pedestrian crossed the road without observing any oncoming cars. Pedestrians also must ensure that they are crossing an intersection safely.
The third factor for pedestrian accidents last 2019 is improperly staying on the road. This means that the pedestrian is blocking the roadway or improperly playing while cars are passing. The Vehicle Code of California Law states that pedestrians should not cause any roadway disruptions.
The fourth contributing factor is decreased vision. The darkness of the night reduces the sight of a motor vehicle driver making it hard for them to maneuver in the roadway. Lack of proper lighting and wearing dark clothes could also attribute to this factor.
San Jose Pedestrian Accident Injuries
Most pedestrian accident cases are related to catastrophic injuries. Pedestrians often suffer from severe head injuries, brain injuries, and fractures. Victims who suffer from severe physical and mental damages are eligible to seek financial compensation from the defendant.
Listed below are common pedestrian accident injuries encountered in a pedestrian accident case.
- Traumatic brain injury: This injury is caused by a forceful blunt force trauma to the head. Patients may often experience these symptoms when they suffer from a traumatic brain injury.
- Blurred Vision
- Sensitivity to Sound
- Sensitivity to Light
- Ringing in Ears
- Loss of Balance
- Clumsiness
- Dropping of items
- Sensory Loss
- Lethargy
- Headaches
- Dazed or confused
- Nausea
- Fatigued
- More irritable
- More prone to violence
- Have trouble orienting yourself to reality
- Hypersensitive
- Having difficulty planning
- Exhibiting poor judgment
- Experiencing slowed reaction/thinking time
- Losing interest in people, relationships, activities
- Lacking motivation
- More withdrawn/anti-social
- Experiencing a loss of appetite
- Blurred Vision
- Broken Bones: Fractures are serious injuries usually seen in a car accident victim. These injuries may take a long time to heal, and fracture treatments can be expensive.
- Spinal cord injury: These devastating injuries can cause permanent changes in the body of an injured victim. Some victims may lose their senses after suffering from severe damage to their spinal cord.
Pedestrian accident victims often suffer from fatal injuries. Permanent or life-changing injuries cost a hefty amount for injury treatments alone. This is why injured victims must file a personal injury claim when hurt in a pedestrian accident case.
San Jose Pedestrian Accident Victims Can Recover Damages For Their Injuries
An injured pedestrian accident victim has the right to demand a fair settlement from the responsible party. As we have mentioned above, pedestrian accident injuries are devastating and permanent. The cost of medical expenses for these injuries are expensive, and some of them may need continuous or lifelong treatment.
Recovering compensation for their injuries will help the victim to finance their recovery. A victim may receive compensation for their present ad future medical expenditures. They can also redeem money if they are unable to return to work because of their injuries.
A victim can also demand damages for their mental and emotional distress. But, they would need to prove that these mental damages are rooted in the accident. In wrongful death cases, the spouse of the late victim may receive compensation for loss of consortium.
Liability For My San Jose Pedestrian Accident
The liability in a pedestrian accident varies depending on the nature of the case. But in most scenarios, the negligent driver is responsible for the accident. A thorough investigation is needed to identify the culprit correctly.
If a ride-share driver causes the accident, the ride-sharing company may be held liable for the accident. But, this will depend on the employment status of the driver with the company. Many factors will play in this event.
The local government of San Jose may be held accountable if a roadway hazard causes the accident. The local authority should provide functional crosswalks and sidewalks for pedestrians. They should also ensure that the road has working traffic signals for drivers.
Proving Negligence In My Pedestrian Accident Claim In San Jose
A pedestrian accident case is similar to a personal injury case. The elements of a personal injury accident must be present to prove negligence in a pedestrian accident. The victim must prove that the defendant is responsible for the accident to get compensation for their injuries.
The victim must show that the defendant owes them the duty of care. Proving this duty is relatively easy. Under California law, a driver must observe the safety of the crossing pedestrian.
The victim must also show that the defendant breached their duty. Negligence is a crucial factor in every personal injury case. A victim can show evidence or documentation that the at-fault driver failed to exercise reasonable care.
The victims should also prove that the accident is the result of negligent driving. They must be able to connect their injuries from the accident. A victim will also need to show that the accident is preventable if the driver observes their duty.
Important Steps To Take Right After A Pedestrian Accident In San Jose, CA
Taking the correct actions after a pedestrian accident will help you in recovering compensation for your damages. After a pedestrian accident, your priority should be to preserve as much evidence as possible and then make a full recovery.
It’s imperative to seek medical attention if you are severely injured in a pedestrian accident. Call the emergency services immediately so they can tend to your wounds as soon as possible. You should ensure your safety first before anything else.
If you are not seriously hurt, you can start collecting evidence. Many drivers may argue that you are responsible for your own injuries. This is why taking photographs or video footage of the accident scene is essential after a pedestrian accident.
Obtain the driver’s information. If a ride-share company employs them, try to get the contact details of their employer. You must get the driver’s insurance information.
Seeking the help of a personal injury lawyer is essential after a pedestrian accident. A lawyer will help you with the legal process of your case so you can focus on your recovery. A lawyer will help you build a strong case for your personal injury claim.
The San Jose Pedestrian Compensation Process
A pedestrian injury claim process starts with the filing for a claim. You and your lawyer must construct a strong case before filing a claim. Your case should have solid evidence that can support your case.
After filing a claim, the insurance company will try to negotiate a settlement offer. Don’t speak with an insurance company without a lawyer by your side. They will try to manipulate you into accepting a low settlement offer.
Usually, the settlement process ends at this point. But if both parties cannot agree on a settlement amount, you may take the case to trial. Both your lawyer and the defendant’s lawyer will present their arguments, and the judge will ultimately decide.
Why Choose Daneshrad Law PC For Your Pedestrian Accident Claim
By now, we have already established the importance of hiring a lawyer for your pedestrian accident case. You must select a proficient lawyer to handle your case. While there are many law firms handling pedestrian accident cases, Daneshrad Law stands out among others.
We provide expert case representation that helps our clients recover fair compensation. Our experienced personal injury lawyer, Attorney Alan David Daneshrad, successfully represented numerous clients in the past. All of them were able to maximize their compensation from the initial amount offered.
We offer the best quality of client assistance. We help clients understand their cases, and we make sure that we take them with us throughout the process.
We offer a free consultation. The initial case evaluation from our law firm is free of charge. We also function on a contingency basis. This means that we won’t receive money until you recover your compensation. No recovery, no fee.
