Pedestrian Accident Lawyer San Jose, CA

From the walkable downtown area to the local University campus, there are plenty of pedestrians on the San Jose sidewalks. As a pedestrian, you often have the right of way when crossing the street, but this doesn’t mean that a negligent or careless driver will see you. Pedestrian accident injuries can change your life. Many people may face a lifetime of chronic pain or become disabled because they were so seriously injured.

If you’ve been struck by a driver as a pedestrian, you have legal options. Our San Jose, CA, pedestrian accident lawyer from Mitchell & Danoff Law Firm, Inc, can advise you about your options to file a lawsuit for damages. You can demand money for medical care, pain and suffering, and missed wages from work, among other things.

How Our Pedestrian Accident Lawyer Can Help You

There’s a good chance you’ll suffer a broken bone, sprain, strained muscle, or a neck or spinal cord injury after being hit by a car – if not multiple serious injuries. While you’re in the hospital recovering, a representative from the at-fault party’s insurance company might try to contact you. They may offer a fast settlement, but it’s likely much less your case is worth. You may need medical devices, modifications to your home or vehicle, or extensive surgery to repair the damage and get your mobile again.

Our lawyer with experience in pedestrian accident claims can properly value your claim, including estimating your loss of earning potential and lost wages from work and assigning a proper value to your pain and suffering, and emotional trauma. You can bet that the insurance company won’t offer money for that, but you’re entitled to demand non-economic compensation under California law.

Getting Justice After A Pedestrian Accident

Our personal injury lawyers work hard to hold negligent drivers responsible for their actions and the harm they cause pedestrians. We build a case proving their negligence, including investigating the circumstances of your accident, interviewing witnesses, and using information from the police report to determine fault.

Many pedestrian accident claims are settled out of court in negotiations or mediation. We can help there, too. Our lawyers are trained negotiators and can focus on achieving the highest possible settlement for your claim. We’ll even handle the communication with the other party and their lawyer or insurance company on your behalf so that you can rest and focus on healing.

Our Lawyers Are Ready To Hear Your Story

Have you been struck by a vehicle while walking in San Jose? Do you need help getting full and fair compensation for your losses? The legal team at Mitchell & Danoff Law Firm, Inc., is ready to fight to get you the money you need to pay for your medical treatment and rehabilitative care and to compensate you for your pain and suffering. Our deep knowledge of California personal injury laws and dedication to you, our client, can help you achieve a positive outcome for your case. Call today for a free consultation with our skilled San Jose pedestrian accident lawyer.

Understanding Pedestrian Accidents

Walking offers numerous health and environmental benefits. However, despite these advantages, pedestrians are among the most vulnerable users of the road. Accidents involving pedestrians can lead to serious injuries or even fatalities, highlighting the need for increased awareness and pedestrian safety measures. It is important to have our skilled San Jose, CA pedestrian accident lawyer on your side to help you better understand your case and to seek justice. Let us help you with your case. Reach out right away to learn more.

The Intersection Of Safety And Risk

One of the primary areas where pedestrian accidents occur is at intersections. Factors such as poor visibility, inadequate signage, and the failure of drivers to adhere to traffic signals can significantly increase the risk of collisions. Intersections in densely populated areas or near schools and parks, where pedestrian traffic is higher, require extra caution from both drivers and pedestrians.

The Role Of Distraction In Accidents

Distraction plays a significant role in the occurrence of pedestrian accidents. This includes both distracted driving, such as using a mobile phone while behind the wheel, and distracted walking, where pedestrians are not paying attention to their surroundings. The rise in smartphone usage has correlated with an increase in accidents attributed to distraction, emphasizing the need for individuals to remain alert and focused when navigating the roads. Our California pedestrian accident attorney may understand how to find proof behind texting and driving or other issues that could have caused the accident. 

The Impact Of Speed And Visibility

Speeding is a critical factor that affects the severity of pedestrian accidents. Higher vehicle speeds reduce the driver’s ability to stop in time upon spotting a pedestrian, leading to more severe impacts. Additionally, accidents that occur at night or in poorly lit areas are more likely to result in serious injuries or fatalities due to decreased visibility. Reflective clothing and well-lit pathways can help mitigate these risks.

The Aftermath Of An Accident

The aftermath of an accident can be a challenging and confusing time for victims and their families. Medical bills, lost wages, and the emotional toll of recovery can be overwhelming. It’s important for individuals affected by pedestrian accidents to understand their rights and the options available to them. Seeking the guidance of a professional who is experienced in this area of law can provide invaluable support through the legal process.

The Importance Of Legal Knowledge 

If you or a loved one have been involved in a pedestrian accident, it’s essential to seek legal advice as soon as possible. Our skilled San Jose pedestrian accident lawyers can offer the experience and guidance necessary to handle the legal system under California personal injury laws. We can help you understand your rights, the potential for compensation, and how to proceed with your claim.

Pedestrian accidents pose a significant risk on our roads, but understanding the common causes of pedestrian injuries and fatalities can help in preventing them. If you find yourself in need of assistance after such an incident, don’t hesitate to reach out for professional advice. Protecting your rights and well-being is of utmost importance, and you don’t have to deal with this challenging time alone. We are here to provide the support and representation you need to achieve the best possible outcome. Contact us to learn how we can help you move forward. Reach out today to set up a consultation.

Tactics Insurance May Use When You Are A Victim In A Pedestrian Accident

If you were injured in a pedestrian accident and the insurance company is saying you are at fault, don’t hesitate to reach out to our trusted San Jose, CA pedestrian accident lawyer for help. Attorney Tab Mitchell has been able to use his inside knowledge of insurance strategies to help many of his clients, so call our office now. 

Downplaying Injuries

Insurance adjusters often try to downplay the severity of your injuries. They may suggest that your injuries are not as serious as you claim or that they were pre-existing conditions. By scrutinizing your medical records, they look for any evidence to support their position. To counter this, collect thorough medical documentation that clearly links your injuries to the accident and details the necessary treatments and associated costs.

Offering Quick Settlements

One common tactic is for insurance companies to offer a quick settlement that is much lower than what you deserve. They know that accident victims may be facing immediate medical expenses and lost wages, making them more likely to accept a fast payout. However, these initial offers are usually insufficient to cover all your current and future expenses. Always consult with our personal injury attorney to better understand what to expect during the personal injury settlement process and to confirm the amount addresses your total losses.

Blaming the Victim

Insurance adjusters may try to shift blame onto you, the pedestrian. Our pedestrian accident lawyers know that they might argue that you were jaywalking, distracted, or otherwise at fault for the accident. They can use your statements or inconsistencies in your account to build their case. To protect yourself, gather as much evidence as possible from the accident scene, including photos, witness statements, and police reports, to support your claim and counter any attempts to place undue blame on you.

Delaying the Process

Delays are another common strategy used by insurance companies. They may drag out the investigation, request additional and unnecessary documentation, or frequently change the adjuster handling your claim. These delays can be incredibly frustrating and may lead you to accept a lower settlement out of desperation. 

Giving Misleading Legal Advice

Insurance adjusters might offer misleading legal advice, suggesting that hiring an attorney is unnecessary or that it will complicate the process. In reality, having our experienced attorney on your side significantly increases your chances of receiving fair compensation. Legal representation ensures that your rights are protected and that you are not taken advantage of during the claims process.

The Importance of Legal Support

The emotional and financial burdens of a pedestrian accident can be daunting, especially when dealing with an insurance company employing these tactics. At Mitchell & Danoff Law Firm, Inc, we understand the challenges victims face and are committed to advocating on your behalf. Our team works diligently to gather evidence, negotiate with insurance companies, and fight for you to receive the compensation you deserve.

Getting Help After Your Accident

Contact our personal injury legal team today for a confidential consultation. Let us help you understand your rights, navigate the claims process, and fight back against the tactics used by insurance companies. Attorney Tab Mitchell was in a personal injury accident and intimately understands what it is like to be on the other side of an injury claim. When you are ready, speak with our personal injury lawyer in San Jose.

San Jose Pedestrian Accident Infographic

San Jose Pedestrian Accident Statistics

Pedestrian safety remains a critical concern across the United States, with significant implications for public health and urban planning. In one year, the National Highway Traffic Safety Administration (NHTSA) reported 7,522 pedestrian fatalities, accounting for 18% of all traffic-related deaths that year. ​

Age demographics further illuminate the vulnerability of certain groups; individuals aged 60 to 70 experienced 23% of pedestrian fatalities, with the 60 to 64 age bracket having the highest fatality rate at 3.18 per 100,000 population. Geographically, states like New Mexico and Arizona have higher pedestrian fatality rates, with New Mexico leading at 4.40 per 100,000 residents in 2022.

San Jose Pedestrian Accident FAQs

In California, pedestrians injured in accidents can seek several types of compensation, depending on the specifics of their case. Medical expenses are a primary form of compensation, covering hospital stays, surgeries, medication, physical therapy, and other necessary treatments. Lost wages are also compensable if the injury prevents you from working temporarily or permanently. Pain and suffering damages are awarded for the physical pain and emotional distress endured due to the accident. Additionally, if the injury leads to long-term disability or a diminished quality of life, you may receive compensation for loss of enjoyment of life. 

How Are Medical Expenses Calculated For Injured Pedestrians In California?

Medical expenses are calculated based on the actual costs incurred from treating your injuries. This includes emergency room visits, hospital stays, surgeries, doctor visits, physical therapy, prescription medications, and any necessary medical equipment or modifications to your home. Future medical costs can also be estimated and included if ongoing treatment or long-term care is required. It’s important to keep all medical bills and records as evidence to support your personal injury claim. 

Can I Be Compensated For Lost Wages If My Injury Prevents Me From Working?

Yes, lost wages are a common component of compensation in pedestrian injury cases. If your injury has caused you to miss work, you can claim compensation for the income you would have earned during that time. This includes not only your base salary but also any overtime, bonuses, and benefits you may have missed out on. If your injury results in a long-term or permanent inability to work, you may also be entitled to compensation for future lost earnings and diminished earning capacity. 

How Is Pain And Suffering Compensation Determined For Pedestrian Injuries?

Pain and suffering compensation is more subjective and varies significantly from case to case. It takes into account the physical pain and emotional distress caused by your injury. Factors considered include the severity of the injury, the length of your recovery, the impact on your daily life, and any ongoing symptoms or disabilities. In some cases, testimonies from medical professionals and psychological experts can help quantify these damages. Insurance companies and courts may use different methods to calculate pain and suffering, such as the multiplier method or the per diem method. 

What Are Punitive Damages And When Might They Be Awarded In Pedestrian Injury Cases?

Punitive damages are not awarded in every case but are considered in situations where the driver’s behavior was particularly reckless or malicious. The purpose of punitive damages is to punish the wrongdoer and deter similar conduct in the future. For instance, if the driver was intoxicated, excessively speeding, or engaging in illegal activities at the time of the accident, punitive damages might be pursued.

If you or a loved one has been injured as a pedestrian, it’s important to understand your rights and the types of compensation available. We are committed to helping you through the legal process and secure the compensation you deserve. Attorney Mitchell has devoted his entire career to personal injuries since 1984, so contact our San Jose pedestrian accident lawyer today for a consultation, and let us help you on your path to recovery.

San Jose Pedestrian Accident Glossary

If you’ve been involved in a pedestrian accident, it’s important to understand some of the legal terms that may come up during your case. Our San Jose, CA pedestrian accident lawyer at Mitchell & Danoff Law Firm, Inc works closely with clients to guide them through this process. Below are a few specific terms we often discuss during a pedestrian injury claim in California. This glossary helps clarify the key concepts we encounter in our day-to-day work with clients seeking fair compensation after a serious incident.

Crosswalk Collision Claim

A crosswalk collision claim refers to a legal action filed when a pedestrian is hit by a vehicle while using a marked or unmarked crosswalk. California law requires drivers to yield to pedestrians crossing the street in a crosswalk, even when traffic signals are present. In many cases, drivers fail to stop or misjudge the pedestrian’s movement, leading to serious accidents. We work with clients to collect evidence such as traffic camera footage, witness statements, and official reports to strengthen the case. Crosswalk-related incidents are among the most frequent causes of injury claims in urban areas like San Jose.

Loss Of Earning Potential

Loss of earning potential is a term used to describe the decrease in a person’s ability to earn income in the future due to injuries sustained in a pedestrian accident. This is not the same as lost wages, which only accounts for the time already missed at work. Instead, loss of earning potential looks ahead and considers how the injuries might limit a person’s long-term career path, reduce their ability to take on certain jobs, or impact future promotions. Our legal team often works with medical professionals to provide accurate assessments of how an accident has altered a client’s professional trajectory.

Insurance Settlement Offer

An insurance settlement offer is the amount proposed by an insurer to resolve a claim without going to court. After a pedestrian accident, the at-fault party’s insurance company may present an initial offer to the injured person. These offers often come quickly and may appear helpful, especially when medical bills are growing. However, they are frequently much lower than what a case is truly worth. We advise clients not to accept early offers without reviewing all their expenses and future needs. Our role includes assessing the full scope of damages and negotiating with the insurer to obtain a fair result.

Police Incident Report

A police incident report is an official document prepared by law enforcement after responding to the scene of a pedestrian accident. It typically contains details about the parties involved, witness statements, road conditions, time and location of the crash, and a preliminary assessment of fault. These reports play an important role in personal injury claims and can support or challenge the statements made by the drivers or insurance companies. Our firm regularly reviews these reports and may request supplemental information if key details are missing or unclear.

Settlement Negotiation Process

The settlement negotiation process is the back-and-forth communication between parties—usually attorneys and insurance representatives—aimed at resolving a claim without filing a lawsuit or proceeding to trial. This process involves presenting evidence, medical documentation, employment records, and opinions to justify the compensation sought. While not every case is resolved through negotiation, many are successfully settled at this stage. Our attorneys manage this process directly, allowing clients to focus on recovery while we work toward achieving a full and fair settlement.

Mitchell & Danoff Law Firm, Inc, San Jose Pedestrian Accident Lawyer

1650 Zanker Rd #237, San Jose, CA 95112

Read more of our Google reviews and let us know how we can help with your legal issue.

Contact Our San Jose Pedestrian Accident Lawyer Today

If you were hit while walking in San Jose, don’t deal with the insurance company alone. Let Mitchell & Danoff Law Firm, Inc help you build a strong claim and fight for what you’re owed. Call us today for a consultation—we’re ready to stand by your side.