Damages in San Jose Pedestrian Accidents

When motor vehicles slam into pedestrians, resulting injuries are almost always serious or fatal. You might be left wondering how you will pay your medical bills, mortgage, car payment, and utilities and keep food on the table for your family.

Pedestrians generally have the right of way, and motorists are cautioned to be aware of them because a human body is no match for an automobile. You should cross streets using crosswalks and always obey traffic lights, but even with these safety measures, you can be injured. If you were struck by a negligent driver, contact a pedestrian accident attorney right away. We have experience helping individuals get the compensation they deserve in San Jose pedestrian accident cases.

Types of Injuries Common in Pedestrian Accidents

Some of the most severe injuries imaginable occur when motorists hit pedestrians. If a car travels at a high enough speed, it can lift a person off the ground when it strikes, and if the car is traveling a little slower, it can pin a person under it. Some common pedestrian accident injuries include:

• Traumatic brain injuries that occur when a person’s head hits the pavement or road after being struck
• Broken or fractured bones, particularly of the pelvis and legs
• Internal organ damage from blunt force
• Injuries causing paralysis
• Amputation due to irreparable blood vessel and tissue damage

All these injuries require lengthy recuperation time, during which a person cannot work and may even become permanently disabled. A tenacious San Jose attorney could establish the motorist’s negligence, file a lawsuit against the motorist for damages, and recoup the funds the injured pedestrian will need and deserves for the physical, psychological, and financial losses suffered.

Negligence and Compensatory Damages

A San Jose attorney must prove a motorist was negligent in striking a pedestrian for the pedestrian to be eligible for a damages award. To prove negligence, the attorney must show that:

• The motorist owed the pedestrian a legal responsibility to be careful but
• The motorist breached that duty by acting in a way that does not measure up to how a responsible person would act
• The negligent act was the cause of the injuries to the pedestrian

Once negligence is established, the jury will consider how much the plaintiff should be compensated for losses. The two types of compensatory damages are economic and non-economic. Economic damages can be calculated. They include current and future medical expenses, rehabilitation, and lost wages. Non-economic damages are less quantifiable, representing subjective losses such as emotional distress, loss of the enjoyment of life, pain and suffering, and disfigurement.

Punitive Damages in San Jose

California Civil Code 3294 permits injured plaintiffs to seek punitive damages against defendants that act with extreme malice, recklessness, or wanton disregard for someone’s life. These awards are meant to punish the negligent party and discourage similar behavior in the future.

Although many states cap punitive damages by law, California does not. However, The U.S. Constitution in the Fourteenth Amendment’s Due Process Clause prohibits grossly excessive punishments, which the U.S. Supreme Court has upheld in punitive damages situations. A skilled local attorney could go over the punitive damages that might be available in a given pedestrian accident case.

Damages for Wrongful Death

The family of pedestrian accident victims who do not survive might be eligible for compensation in place of a loved one who would have been eligible if a personal injury lawsuit had been filed. Generally, legal heirs in San Jose can file a wrongful death lawsuit with the help of a lawyer to recover funeral and burial expenses, medical expenses associated with the accident, lost monetary support, loss of companionship, and psychological damage caused by the accident and death. The decedent’s estate can file a survival cause of action lawsuit, like a wrongful death, if the family does not file.

Contact a San Jose Pedestrian Accident Attorney Today

If you were walking around San Jose and were hit by a negligent motorist, you may be entitled to reimbursement for the monetary and subjective losses you suffer, such as your ongoing pain or disfigurement. Various damages may be available to you, depending on the extent of your injuries, how malicious the motorist who caused the wreck was, and whether you are seeking compensation for a loved one who didn’t survive the accident.

To discuss potential damages in San Jose pedestrian accidents, contact Solution Now Law Firm today and set up your free initial consultation. We are happy to discuss your case and walk you through your options.