Damages in San Jose Pedestrian Accidents
Your Claim Should Cover the Whole Recovery.
When a car hits someone on foot, the injuries are rarely minor, and neither are the bills. Our San Jose attorneys account for every loss, from the first ambulance ride to the years ahead, and fight to have the driver pay for all of it.
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A Pedestrian Injury Hits Every Part of Your Life
A human body is no match for a car. Depending on the speed, a vehicle can throw a pedestrian into the air or pin them underneath, and the injuries that follow are among the most serious in personal injury law:
Traumatic brain injuries, often from striking the pavement
Broken bones, especially the pelvis and legs
Internal organ damage from blunt force
Spinal cord injuries that cause paralysis
Amputation after severe blood vessel and tissue damage
Injuries like these mean long recoveries, time away from work, and sometimes permanent disability. Meanwhile the mortgage, the car payment, and the grocery bill don’t stop. The law calls what you can recover “damages.” Our job is to make sure yours are counted in full, including the losses that won’t show up until months from now.
How to Document Your Damages From Day One
Follow every part of your treatment plan.
Gaps in care are the adjuster’s favorite argument that you weren’t really hurt.
Keep every bill and receipt.
Hospital, surgery, therapy, prescriptions, mobility aids, home modifications, and rides to appointments.
Track time away from work.
Save pay stubs and note missed shifts, used sick days, and any job you had to turn down or give up.
Photograph your injuries as they heal.
Bruising, surgical scars, casts, and any lasting disfigurement.
Keep a recovery journal.
Write down pain levels, sleep, what you can’t do anymore, and how the injury affects your family.
Ask your doctors about the future.
Future surgery, therapy, and lost earning ability are damages too, but only if they’re documented.
What Compensation Can a Pedestrian Recover?
Economic damages
The losses with a price tag. They include:
- Current and future medical expenses
- Rehabilitation and physical therapy
- Lost wages and lost earning capacity
- Mobility aids, home care, and other out-of-pocket costs
Non-economic damages
Losses that are real but harder to measure, including pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement.
Punitive damages
Reserved for defendants who acted with malice or a reckless disregard for human life. They’re meant to punish, and they’re awarded on top of your compensation.
Wrongful death and survival damages
When a pedestrian doesn’t survive, the family may recover funeral and burial costs, medical bills, lost financial support, and the loss of companionship. The estate may also bring a survival action for the losses the victim suffered before death.
How We Put a Value on Your Losses
Insurers value a claim by what they can see on paper today. We value it by what the crash will cost you over your lifetime.
For your economic losses, we gather medical records and bills, employment and wage records, and cost estimates for the care you’ll still need. When an injury changes what you can do for a living, we work with medical and vocational experts to project lost earning capacity.
For your non-economic losses, the pain, the fear of walking near traffic, the scars, and the activities you’ve lost, we build the record that makes them real to an adjuster or a jury: your journal, your treating providers, and the people who know how your life has changed.
And we look at the driver’s conduct. If the driver acted with extreme recklessness, such as driving drunk or fleeing the scene, we evaluate whether punitive damages are on the table.
California Law on Pedestrian Accident Damages
You must prove negligence to recover
The driver owed you a duty to be careful, breached it by acting as a reasonable driver wouldn’t, and that breach caused your injuries. Once that’s established, the question becomes how much.
Punitive damages are available for malicious or reckless conduct
California Civil Code 3294 allows them against defendants who act with malice or a willful disregard for others’ safety. California sets no fixed cap, but the U.S. Constitution bars grossly excessive awards.
Partial fault reduces damages; it doesn't erase them
Under California’s pure comparative negligence rule, your recovery is reduced by your share of fault.
Two years to file
Personal injury lawsuits generally must be filed within two years of the accident (Code of Civil Procedure §335.1), and claims against a government entity within six months.
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Pedestrian Accident Damages FAQs
What damages can I recover after being hit by a car?
Medical expenses (past and future), rehabilitation, lost wages and earning capacity, and out-of-pocket costs, plus non-economic damages like pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement.
What's the difference between economic and non-economic damages?
Economic damages can be calculated from bills and pay records. Non-economic damages cover subjective losses such as pain, anxiety, and the activities you can no longer enjoy. Both are part of a full claim.
Can I recover for injuries that will affect me for years?
Yes. Future medical care and lost earning capacity are recoverable, but they must be supported by your doctors’ opinions and, often, expert testimony. That’s why we don’t rush to settle before your long-term outlook is clear.
When are punitive damages available?
When the defendant acted with malice, oppression, or a reckless disregard for your safety. They are uncommon in ordinary negligence cases, but conduct like drunk driving or fleeing the scene can support them.
Does California cap damages in pedestrian cases?
California doesn’t set a fixed cap on compensatory or punitive damages in a pedestrian case against a driver, though punitive awards must stay within constitutional limits. Your actual recovery also depends on the insurance and assets available, which is why we look for every source.
What if I was partly at fault?
Your damages are reduced by your percentage of fault, not eliminated. If you’re found 20% at fault, you still recover 80% of your damages. We work to keep any share of blame assigned to you as low as the evidence allows.
My loved one was killed. What can our family recover?
Funeral and burial expenses, medical bills from the accident, lost financial support, and the loss of love, companionship, and guidance. The estate may also bring a survival action.
Get Your Free, Confidential Case Review, 24/7
The first offer an insurer makes rarely counts the future: the surgery you may still need, the work you may never go back to. Call now or send the form; we respond fast, 24/7, in English, Spanish, or Korean. Your consultation is free and confidential. No fee unless we win.
Call (408) 256-2871Free Case Review
Solution Now Law Firm
1253 Park Ave
San Jose, CA 95126
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