pedestrian accident lawyer San Jose, CA
pedestrian accident lawyer San Jose, CA

Pedestrian Accident Lawyer San Jose, CA

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. A 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 Can A San Jose Pedestrian Accident Lawyer Help Me?

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, there’s a good chance that a representative from the at-fault party’s insurance company will 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.

A 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 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 a skilled San Jose pedestrian accident lawyer.

Understanding Pedestrian Accidents

Walking as a mode of transportation 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 prevention measures. It is important to have a skilled San Jose, CA pedestrian accident lawyer on your side to help you better understand your case and to seek justice. Mitchell & Danoff Law Firm, Inc can 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. A 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.

Navigating 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 crucial 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. A skilled San Jose pedestrian accident lawyer can offer the experience and guidance necessary to navigate the complexities of the legal system. They 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 their common causes 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 navigate this challenging time alone. We are here to provide the support and representation you need to achieve the best possible outcome. Contact us today to learn how we can help you move forward. Mitchell & Danoff Law Firm, Inc can help. 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, ensure you have 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 an attorney before accepting any settlement to ensure it meets your needs.
  • Blaming the Victim. Insurance adjusters may try to shift blame onto you, the pedestrian. Our pedestrian accident lawyer knows 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 an 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. Navigating the aftermath 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 ensure that you receive the compensation you deserve.

Getting Help After Your Accident

Contact Mitchell & Danoff Law Firm, Inc 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 pedestrian accident lawyer in San Jose.

What Types Of Compensation Can Pedestrians Typically Receive After An Injury In California?

Our San Jose, CA pedestrian accident lawyer knows that 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. Attorney Tab Mitchell is the founder of Mitchell & Danoff Law Firm, Inc and has helped many victims in similar situations. 

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 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?

Our pedestrian accident lawyer in San Jose knows that 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.

Find Help Now

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. At Mitchell & Danoff Law Firm, Inc, we are committed to helping you navigate 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.

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Frequently Asked Questions

  • Should I hire a lawyer for my personal injury case?

    There are several reasons for hiring a lawyer to represent you in your personal injury claim, rather than representing yourself. 1.) It allows you to focus on your own recovery, rather than the complicated details of your case. 2.) By hiring a skilled personal injury attorney to research your case and represent you in court, your chances of success improve drastically.

  • How long will my personal injury case take to resolve?

    This number can vary from one case to another, depending on the details of your situation. A lawsuit can take anywhere from several months to several years to settle.

  • What is the average settlement amount for a personal injury claim?

    The average compensation amount for a personal injury case is anywhere from $3,000 to $75,000, depending on what type of damages you are pursuing.

  • Does California put damage caps on claims for personal injury cases?

    No, only Medical Malpractices cases have a cap. California Civil Code section 3333.2 sets a cap on the amount of non-economic damages (pain and suffering) that can be recovered in a medical malpractice case. The maximum amount that may be recovered is $250,000. All other Personal Injury cases are not subject to any cap.