San Jose Pedestrian Accident Lawyer

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San Jose Pedestrian Accident Lawyer

In Need of a Pedestrian Accident Attorney?

About Jimin OhWhether you walk for fun, exercise, or transportation, you look out for yourself and take proper precautions to avoid being involved in a pedestrian accident. Unfortunately, motorists do not always have your safety in mind while driving. Every year, there are more than 850 people killed and almost 13,600 individuals injured while traveling on foot in California. Many motorists do not pay close attention to pedestrians; they are busy maneuvering other vehicles. Due to the size of a motorized vehicle and the lack of a protective barrier for the pedestrian, the losses for victims can be devastating.

It might come as some relief to know that you have legal remedies if you were hurt or lost a loved one in a pedestrian accident. Our personal injury attorneys at the Solution Now Law Firm can explain your options and assist in pursuing compensation for your losses. Contact us to set up a no-cost consultation with a seasoned San Jose pedestrian accident lawyer today.

Pedestrian Safety in San Jose: What the Numbers Reveal

Walking in San Jose should be safe, but for many, it’s not. Last year alone, the City of San Jose reported 31 pedestrian fatalities, the highest number in over a decade. These tragedies are not isolated events. They reflect a broader pattern in Santa Clara County and across California, where poorly designed infrastructure, high-speed traffic corridors, and distracted driving have made walking increasingly hazardous.

At Solution Now Law Firm, our San Jose pedestrian accident attorneys understand the devastating impact these incidents can have. If you or a loved one was hit by a car while walking, you deserve to know your legal rights—and to have experienced legal advocates on your side.

Pedestrian Accident Law in San Jose

Legal Challenges Unique to Pedestrian Injury Cases

While pedestrian accident claims share some similarities with car crash cases, they often present unique legal hurdles. First, fault is not always immediately accepted by insurers, even in cases where the pedestrian had the right of way. Second, injuries tend to be more severe, which means the financial stakes are higher and insurance companies fight harder to avoid paying out.

Some everyday legal complexities include:

  • Multiple responsible parties: Drivers, rideshare companies, property owners, and even government agencies may all share liability.
  • Disputed visibility: Defendants often claim the pedestrian was “unseen” due to clothing color, time of day, or road conditions.
  • Fault shifting: Insurance companies may argue the pedestrian was distracted, intoxicated, or crossing illegally to reduce their payout.

These issues require a detailed legal strategy and a firm grasp of pedestrian accident legal responsibility. Our San Jose pedestrian accident lawyers build every case with care, using evidence from surveillance cameras, crash reconstruction, and witness interviews to establish liability and strengthen your claim.

Negligent Motorists Put Pedestrians at Risk

Drivers are required to exercise reasonable care when operating a vehicle, and this duty extends to all road users. When motorists breach this legal obligation through careless misconduct and cause pedestrian accidents, devastating injuries can occur.

It is not hard to understand what two tons of a barreling machine can do to an unprotected pedestrian. Damage will probably exceed scrapes and cuts. Broken bones, and catastrophic injuries such as to the brain and spinal cord, are common. Some careless acts motorists commit are:

  • Texting or interacting on a cell phone while the car is in motion
  • Driving drunk or high on illicit drugs
  • Speeding
  • Running red lights and stop signs
  • Failing to yield to pedestrians legally crossing streets

Pedestrians injured by careless motorists have a right to be compensated for their injuries. Medical and rehabilitative care is costly, and missing work can devastate finances. A dedicated San Jose pedestrian injury attorney can negotiate with a reckless driver’s insurer, compile evidence, pursue a fair settlement, and file a lawsuit if needed.

Your Rights as an Injured Victim

The legal process for a pedestrian accident is similar to other traffic-related incidents, so your first step is filing a claim with the responsible driver’s insurance company. In some cases, it may be possible to reach a settlement agreement to resolve your claim. However, insurance companies are for-profit businesses. Your claim represents a loss, so the insurer will try to find ways to avoid paying it. When the insurance company refuses to settle for a fair amount, your next step is filing a lawsuit in court.

The San Jose pedestrian accident attorneys at the Solution Now Law Firm are aggressive in dealing with insurers, but we are equally prepared to advocate on your behalf during the litigation process. We will pursue all forms of compensation available under your circumstances, including:

  • Medical bills, including costs for hospitalization, surgery, physical therapy, and other treatment
  • Lost wages
  • Pain and suffering
  • Scarring and disfigurement
  • Diminished quality of life
  • Losses that impact your personal relationships

It is important to recognize that you do not have unlimited time in which you can file an injury claim. According to the California Code of Civil Procedure §335.1, personal injury cases should be filed within two years of the accident. Failure to file within this deadline could leave you unable to recover any compensation at all, so getting in touch with a lawyer right away after an accident is crucial in getting the payments you deserve.

Understanding Pedestrian Accident Liability

In California, pedestrian accident liability is governed by a comparative fault system. This means more than one party can be held responsible for a single incident.

While the driver is often the primary liable party, additional parties may include:

  • Employers, if the driver was working at the time of the crash.
  • Property owners whose poorly maintained sidewalks or driveways contributed to the incident.
  • Government entities, if unsafe street design or signal failure played a role.

Identifying all responsible parties helps maximize the compensation available in your case. Our pedestrian accident attorneys in San Jose take a thorough and aggressive approach to uncover every liable entity and pursue every avenue for recovery.

Crosswalk Accidents and Intersection Hazards

Crosswalks should offer protection, not danger. Yet in many parts of San Jose, crosswalk accidents are on the rise. Intersections with faded paint, poorly timed signals, or blocked sightlines are frequent sites of injury.

According to San Jose’s Department of Transportation, intersections like Senter Road & Tully Road and Monterey Highway & Curtner Avenue rank among the most dangerous for pedestrians.

If you were hit while crossing legally, you may have a particularly strong case. However, insurance companies still attempt to argue that pedestrians “should have seen the vehicle” or “walked too slowly.” Our San Jose pedestrian accident attorneys know how to counter these tactics with clear facts and experienced advocacy.

Long-Term Consequences of Pedestrian Injuries

Pedestrian injuries often result in more than just physical pain. Many victims face a future that looks entirely different from the life they once knew.

Common long-term consequences include:

  • A permanent disability that prevents the return to work.
  • Mobility limitations that restrict independence and movement.
  • Chronic pain requiring ongoing treatment or medication.
  • Emotional trauma, such as anxiety, depression, or fear of walking near traffic.

At Solution Now Law Firm, we focus on capturing the full impact of these losses, not just the immediate costs. Our legal team works with medical providers, mental health professionals, and vocational experts to ensure every aspect of your recovery is accounted for in your claim.

The Importance of Early Legal Action After a San Jose Pedestrian Accident

Pedestrian accident evidence can disappear quickly. Surveillance video is often overwritten, traffic signal data may be lost, and eyewitnesses may be hard to locate after weeks have passed. That’s why we urge victims to seek legal help as soon as possible.

When you contact our San Jose pedestrian accident lawyers, we move quickly to preserve all available evidence, document your injuries, and protect your rights from the very start. Early intervention strengthens your case and limits the ability of insurers to control the narrative.

What Happens When a Loved One Is Lost in a San Jose Pedestrian Accident

Not all pedestrian accidents end in injury—some end in tragedy. When a loved one is killed by a negligent driver or unsafe road condition, families have the right to pursue a wrongful death claim under California law. These claims can provide financial support and a measure of accountability for surviving family members.

Damages in a wrongful death claim may include:

  • Funeral and burial expenses.
  • Lost income or financial support.
  • Loss of companionship, care, or guidance.
  • Emotional suffering of close family members.

Our San Jose pedestrian accident attorneys handle these sensitive cases with compassion and care. We take the legal burden off your shoulders so your family can focus on healing.

Local Knowledge Makes a Difference

As a firm based in San Jose, we don’t just understand the law—we understand this city. We know which intersections are repeat problem areas, how local traffic enforcement operates, and how pedestrian safety has evolved in Santa Clara County. That local insight allows us to present a more convincing case, whether we’re negotiating with insurers or presenting your story in court.

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Call Our Trusted San Jose Pedestrian Accident Attorney Today

If you’ve been hit while walking in San Jose, you don’t have to face the aftermath alone. Our team at Solution Now Law Firm is here to listen, guide, and advocate for you every step of the way.

We speak English, Korean, and Spanish, and we’re available 24 hours a day. There are no upfront legal fees—you don’t pay unless we win compensation for your injuries.

Call (408) 256-2871 or contact us online to schedule your free, no-obligation consultation with a skilled pedestrian accident lawyer in San Jose. Let us help you take the next step forward.

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