Pedestrian Accident Lawyer San Jose

If you were struck by a vehicle in San Jose, then you may be in a great deal of pain and in need of legal support. At Mitchell & Danoff Law Firm Inc, we’ve spent over 30 years representing injured pedestrians throughout California. Attorney Jesse Danoff handles pedestrian injury cases and understands how these incidents unfold, how insurers think, and what it takes to build a case that gets results. Our San Jose, CA pedestrian accident lawyer is here to fight for the compensation you deserve.

We take cases on a contingency fee basis, so there are no upfront costs to you. If we don’t recover for you, you don’t owe us anything. Contact us today for a free and confidential consultation.

Why Choose Mitchell & Danoff Law Firm, Inc for Pedestrian Accidents in San Jose, CA?

30+ Years Handling California Pedestrian Injury Claims

Mitchell & Danoff Law Firm, Inc has been litigating serious accident cases in California for over three decades. Attorney Jesse Danoff is licensed to practice in California, New York, and New Jersey, and brings substantial experience to every pedestrian injury case he handles in San Jose. He knows how California’s comparative fault rules apply to crosswalk accidents, how to deal with government entities when road defects are a factor, and what documentation insurers need to take a claim seriously.

As a personal injury lawyer in San Jose, CA, Jesse Danoff has worked across the full range of pedestrian and traffic injury cases. He has earned the AV Preeminent® Rating from Martindale-Hubbell® and has been selected for inclusion in Super Lawyers®. These achievements are peer evaluations that reflect how the legal community views his work and what he is able to achieve for his clients.

Results That Speak to Our Track Record

Over the span of many years being in practice, we have successfully helped clients recover millions of dollars in settlements and verdicts across personal injury cases. These cases can include pedestrian accidents, car crashes, truck collisions, and more. We pursue every available avenue of possible compensation, such as from the at-fault driver’s liability policy to uninsured motorist coverage when the driver doesn’t have adequate insurance.

No Fees Unless We Win

Pedestrian accident victims shouldn’t have to worry about legal fees when they’re focused on recovering. We handle cases on a contingency fee basis. You pay nothing out of pocket to retain us, and our fee comes only from the recovery we obtain for you. If we don’t win your case, you owe us nothing. There is no risk or obligation in simply learning more about how we can help you.

What Our Clients Say

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“What makes Mitchell and Danoff unique isn’t just their legal [knowledge], but also the way they combine it with a client-first approach. They took the time to explain every step of the process clearly and patiently, ensuring I never felt overwhelmed or in the dark. Communication was always prompt and transparent, and I genuinely felt like my case mattered to them. Huge thanks to Jesse I couldn’t be happier with the service and support I received.” — Marta Hernandez

Read more reviews on our Google Business Profile.

Types of Pedestrian Accident Cases We Handle in San Jose

Pedestrian accidents happen in many different ways, and each one requires a different legal approach. Below are the most common case types we handle in San Jose and throughout Santa Clara County.

• Crosswalk and intersection accidents. Drivers who fail to yield to pedestrians in marked and unmarked crosswalks cause some of the most serious injuries we see. These cases often involve distracted driving, failure to obey traffic signals, or poor intersection design. We investigate the full circumstances to establish liability.

• Hit-and-run accidents. When a driver flees the scene, many pedestrians assume they have no legal options, which is not always true. California’s uninsured motorist laws may provide coverage, and our team knows how to pursue every available avenue when the at-fault driver can’t be identified.

• Distracted driving accidents. Drivers who are texting, adjusting their navigation, or otherwise not watching the road cause a significant share of pedestrian injuries in San Jose. Distracted driving cases require evidence like phone records and traffic camera footage. We know how to gather evidence that benefits your claim and makes it stronger for maximum compensation.

• Drunk and impaired driving accidents. Impaired drivers represent a serious danger to pedestrians, especially in the nighttime hours. If the driver who hit you was under the influence, that fact matters both to liability and to the potential for additional damages.

• Wrongful death. Not every pedestrian survives being struck by a vehicle. If you lost a family member in a pedestrian accident in San Jose, our wrongful death attorneys can help surviving family members pursue the compensation they are owed under California law. We bring both compassion and strategy to a situation that should have never happened.

• Catastrophic injuries. Pedestrians have virtually no protection when they are hit by a vehicle. Traumatic brain injuries, spinal injuries, and fractures are common outcomes. If you’ve suffered catastrophic injuries, you need an attorney who understands the long-term medical and financial picture.

California Legal Requirements for Pedestrian Accident Claims

Understanding California’s legal framework is important before you move forward with a pedestrian accident claim. A few key rules may directly affect your case.

For instance, California has a two-year statute of limitations for most personal injury claims, including pedestrian accidents. Under California Code of Civil Procedure Section 335.1, you generally have two years from the date of the accident to file a lawsuit. If this deadline gets missed, then you waive your right to recover anything. If your accident involved a government entity, such as a city bus or a road defect on public property, this timeline may be even shorter. You may need to file a government tort claim within just six months. However, we can explain this further if your case is influenced by state legal requirements.

California also follows a pure comparative negligence rule. Under California Civil Code Section 1714, even if you are found to share some fault for the accident, you can still recover damages. Your award is simply reduced by your percentage of fault. Insurers use this rule aggressively to reduce payouts, often arguing that the pedestrian was jaywalking or not paying attention. But we protect you from unfair blame being placed on you. California Vehicle Code Section 21950 requires drivers to yield to pedestrians in crosswalks. Violations of this rule are strong evidence of negligence in a pedestrian accident claim.

What Damages Are Recoverable in a San Jose Pedestrian Accident Case?

The damages available to a pedestrian injury victim fall into three broad categories, each of which requires different documentation and proof.

Economic damages are the financial losses you can document. Medical bills, both current and future, are typically the largest component. Lost wages from time you couldn’t work are also recoverable, in addition to lost earning capacity if your injuries affect your ability to work going forward. Property damage, if applicable, falls into this category. Economic damages tend to be the easiest to calculate and hardest for insurers to dispute when properly documented.

Non-economic damages include the losses that don’t come with a receipt. The most well-known category is pain and suffering, but it also encompasses emotional distress, loss of enjoyment of life, and the impact of severe injuries on your relationships and daily activities. California juries can award substantial amounts for these losses, especially in cases involving permanent injury.

Punitive damages are available in a more rare set of circumstances. California Civil Code Section 3294 allows for punitive damages when the defendant acted with malice, oppression, or fraud. For example, a drunk driver who knowingly got behind the wheel after drinking heavily is one example where punitive damages may be in play. Under California Civil Code 3294, these damages are designed to punish the at-fault party and deter similar conduct from happening ever again.

The value of your claim depends on the severity of your injuries, how much they affect your life, and whether the at-fault driver’s conduct was particularly reckless. We evaluate every factor before giving you our honest assessment.

Evidence is critical in pedestrian accident cases. Surveillance footage, witness accounts, police reports, and medical records all play a role. We recommend acting quickly while certain evidence is still available, such as surveillance footage of the incident, which can determine whether key evidence is preserved or lost.

Contact Mitchell & Danoff Law Firm, Inc

If you or someone you love was injured in a pedestrian accident in San Jose, CA, please do not wait to get help. The sooner you speak with an attorney, the better your chances of preserving evidence and building a strong case. We offer free and confidential consultations with no obligation. You pay nothing unless we win your case. We’ll listen, give you an honest answer about your options, and take the next steps if you are ready. Contact us today to get started.