San Jose Pedestrian Accident Lawyer
Hit While Walking? The Driver Owed You Care.
A pedestrian has nothing between them and a two-ton vehicle, and the injuries show it. Our San Jose pedestrian accident attorneys prove what the driver should have seen and recover for the long road back.
$75+ million
recovered for injured clients
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on Google and Yelp
No fee
unless we win
Available 24/7
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You Were on Foot. The Insurer Will Still Try to Blame You.
Whether you were walking to work, crossing to a bus stop, or out for a run, you did what pedestrians do: you watched the road and trusted drivers to do the same. When one didn’t, the result was likely far worse than scrapes and bruises: broken bones, head injuries, spinal damage, weeks away from work. Then the driver’s insurer starts asking what you were wearing, whether you were in the crosswalk, and whether you were looking at your phone.
You may have a pedestrian accident claim if:
A driver hit you in a crosswalk, at an intersection, in a parking lot, or on a sidewalk or driveway
You were injured, even if you weren't in a marked crosswalk
The driver fled, or had little or no insurance
The accident happened within roughly the last two years
Pedestrians have strong rights under California law. We make sure the insurer respects them.
What to Do After Being Hit by a Car in San Jose
Call 911 and stay where you are if you can't move safely.
A police report is critical, especially if the driver later claims you “came out of nowhere.”
Get medical care right away.
Head, spinal, and internal injuries are common when a car hits a pedestrian, and they aren’t always obvious at first.
Record the scene as it was.
Photograph the crosswalk, signals, lighting, sightlines, and where the car stopped. Faded paint and blocked views matter.
Get the driver's details and every witness.
If the driver drives for work or a rideshare service, note the company.
Look for cameras nearby.
Businesses, homes, buses, and traffic signals may have captured the crash, and footage is often overwritten within days.
Don't speak with the driver's insurer.
Let us handle it. Statements about where you were looking or how fast you were walking will be used against you.
How We Prove the Driver Should Have Seen You
Insurers in pedestrian cases lean on the same few defenses: the pedestrian was “unseen” because of clothing, time of day, or road conditions; the pedestrian was distracted, intoxicated, or crossing illegally; or the pedestrian “should have seen the car” or “walked too slowly.” We answer each one with evidence:
- Surveillance and traffic camera footage, secured before it’s overwritten
- Traffic signal data showing who had the right of way
- Crash reconstruction of speed, distance, lighting, and sightlines
- Witness interviews while memories are fresh
- Your medical records, documenting injuries from the first visit
We also look past the driver. Employers, rideshare companies, property owners with poorly maintained sidewalks or driveways, and government agencies responsible for unsafe street design or signal failures may all share liability. Early action matters: signal data can be lost and witnesses become hard to find after a few weeks.
Who Pays When a Pedestrian Is Hit?
The driver's insurance
The primary source in most cases, when a driver was texting, speeding, impaired, running a light or stop sign, or failing to yield to someone crossing legally.
An employer or rideshare company
If the driver was working at the time of the crash, the company may also be responsible, and it may carry more coverage than the driver.
Property owners and government entities
When a crumbling sidewalk, a blind driveway, a poorly timed signal, or dangerous street design contributed. Claims against a government entity generally must be filed within six months.
Your own uninsured motorist coverage
If the driver fled or had too little insurance, your auto policy’s UM/UIM coverage typically follows you as a pedestrian, and a resident relative’s policy may apply as well.
California Pedestrian Law: What San Jose Walkers Should Know
Drivers must exercise reasonable care toward pedestrians
That duty extends to everyone on the road, and it includes yielding to pedestrians legally crossing the street. A driver who breaches it is responsible for the harm that follows.
Crossing outside a crosswalk doesn't end your claim
California’s comparative fault system allows you to recover even if you were partly at fault; your compensation is reduced by your share, not eliminated. More than one party can also share the blame.
School zones carry extra protection
California law reduces speed limits in school zones when children are present, and drivers must yield to pedestrians in school-zone crosswalks. A driver who ignores those rules may be held liable.
Two years to file
Under California Code of Civil Procedure §335.1, personal injury lawsuits generally must be filed within two years of the accident, and claims against a government entity within six months. Miss the deadline and you may recover nothing.
Protect the Value of Your Pedestrian Injury Claim
Pedestrian injuries often have long-term consequences: permanent disability, limited mobility, chronic pain, and emotional trauma such as anxiety, depression, or fear of walking near traffic. Your claim has to capture all of it, and the insurer will look for any reason to say it doesn’t. Follow your doctor’s treatment plan, attend physical therapy, and get help for the emotional effects too; they are part of your claim.
Three habits protect you:
- Keep an injury journal. Pain, mobility, sleep, missed work, and the places you no longer walk or go.
- Track every expense. Hospital and therapy bills, medication, mobility aids, and rides to appointments you once walked to.
- Route every insurer contact through us. Adjusters want you to guess about distances and timing on the record.
We work with medical providers, mental health professionals, and vocational experts to account for every part of your recovery, and we coordinate so billing can wait until your case resolves.
Adjusters offer more when they know a firm can prove its case — and take it to trial. Recent recoveries for our clients:
$1,325,000
Fremont pedestrian crash
Struck by a school district vehicle
$485,000
San Jose pedestrian crash
Foot fracture surgery
$465,000
San Mateo crosswalk crash
Rib fractures, rotator cuff tear
$450,000
Santa Clara pedestrian crash
Struck by a delivery app driver
$416,804
San Francisco pedestrian crash
Shoulder and elbow fractures, surgery
Past results do not guarantee future outcomes. Every case is different.
See More Case Results →What Our Clients Say
As this was my first time being in a car accident, I was distraught and did not have much knowledge regarding legal fairs such as what attorney would best suit…
Jena J.
I was introduced to Jimin through a friend after we had a bumper accident on a highway. Jimin came to us directly and very clearly explained the whole process, as…
Joshua Kim
I would like to share a good experience that I had with Ms. Jimin’s office and hopefully it will help people save time, frustration, and stress. Jimin is just very…
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Your San Jose Legal Team
Founding attorney Jimin Oh has handled thousands of auto accident cases and is a member of Million Dollar Trial Lawyers. She built this firm after her own husband was seriously injured in a car accident, so she understands how one moment on the road can upend a family. Every pedestrian client gets an attorney, case manager, and treatment coordinator on their case, so your recovery and your claim move forward together. Based at 1253 Park Ave, minutes from the Santa Clara County courthouse.
San Jose Pedestrian Accident FAQs
What should I do right after being hit by a car in San Jose?
Call 911 and get medical attention. If you can, gather photos, the driver’s information, and witness contacts. Don’t speak with the driver’s insurer until you’ve talked with us.
Can I still file a claim if I was jaywalking or outside a crosswalk?
Yes. California’s comparative negligence law lets you recover even if you were partly at fault; your compensation is reduced by your percentage of fault. We work to keep any blame assigned to you as low as the evidence allows.
The driver drove off. What are my options?
Leaving the scene is a serious crime in California, but your claim doesn’t depend on the driver being caught. Your own uninsured motorist coverage may pay for your medical bills, lost wages, and other damages, and we investigate to find witnesses and evidence that could identify the driver.
What compensation can I recover?
Medical bills including hospitalization, surgery, and therapy; lost wages, past and future; pain and suffering; scarring and disfigurement; diminished quality of life; and the effect on your personal relationships.
Can I recover for emotional distress?
Yes. Anxiety, depression, post-traumatic stress, and fear of walking near traffic are common after a pedestrian accident. These losses are usually part of pain and suffering, and we make sure they’re valued properly.
How do I know if I have a strong case?
Clear evidence of the driver’s negligence, like camera footage, a police report, or witness statements, combined with real injuries, usually makes for a strong claim. The best way to know is a free review of your case.
My family member was killed while walking. Can we bring a claim?
Yes. Surviving spouses and family members can bring a wrongful death claim for funeral and burial expenses, lost financial support, and the loss of companionship, care, and guidance. We handle these cases with compassion and take the legal burden off your family.
Will an adjuster or a lawyer handle my case?
The insurer’s adjuster handles the claim on their side, and their job is to keep the payout low. With us, a lawyer handles yours: we negotiate with the insurer and, if it won’t pay fairly, take your case to court.
Get Your Free, Confidential Case Review, 24/7
Camera footage and signal data can disappear within days, and the insurer is already shaping its story about where you were and what you did. Call now or send the form below; 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
Hablamos español · 한국어 상담 가능
