Damages in San Mateo Pedestrian Accidents
Surgery, Therapy, Lost Work: The Driver Should Cover It.
A pedestrian accident can leave you facing medical bills for years. Our attorneys help injured San Mateo walkers prove who was at fault and what the crash has really cost, so the compensation matches the harm.
$75+ million
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Two Things Decide What Your Claim Is Worth
Pedestrians hit by cars often suffer injuries to the head, neck, spinal cord, and legs. What follows can be surgery, months of physical therapy, and medical bills that keep coming long after the crash. For many families, those costs are crippling.
The law calls the money you can recover “damages.” How much you receive depends mainly on two things:
How severe your injuries are, and what they will cost you over time
How responsibility for the accident is divided between you and the driver
Drivers are usually the ones responsible for pedestrian accidents, which means their insurance should cover your losses. But insurers work hard to shift blame onto the person walking, because every percentage point of fault they assign to you lowers what they pay. We push back on both fronts: proving the full extent of your losses, and proving the driver’s fault.
Protecting the Value of Your Damages Claim
Don't settle before you know your prognosis.
The full cost of a serious injury may not be clear for months. Once you sign a release, you usually can’t reopen the claim.
Count your property, too.
A damaged phone, broken glasses, torn clothing, and a ruined bag are economic damages. Keep them or photograph them.
Save proof of lost income.
Pay stubs, schedules, and a note from your employer about missed shifts turn lost time into a number the insurer can’t wave away.
Write down what you can't do anymore.
Walks you’ve stopped taking, chores someone else now handles, sleep you’ve lost. Non-economic damages need real examples.
Keep quiet about fault.
Anything you say to an adjuster about where you were looking or how fast you crossed can be used to raise your share of blame, and lower your recovery.
Three Kinds of Damages
California recognizes three types of damages in a pedestrian injury case:
Economic damages
Losses with a receipt or a dollar figure attached.
- Medical bills, surgery, and physical therapy
- Future medical costs
- Lost income
- Repair or replacement of damaged property
Non-economic damages
Subjective but very real losses, such as pain and suffering, mental anguish, and a reduced quality of life.
Punitive damages
Meant to punish a defendant and deter similar conduct. Courts award them only when the defendant’s behavior was particularly egregious, and they are at the court’s discretion.
How We Build Your Damages Case
First, liability. To recover, a pedestrian must show the driver owed them a duty of care, broke it, and caused injuries the law recognizes. Speeding, impairment, and distraction are common ways drivers break that duty. We gather the police report, witness statements, and scene evidence that prove it, because the stronger the case against the driver, the stronger your negotiating position.
Second, the losses. We collect your medical records and bills, track your treatment as it continues, and work with your doctors to project future care. We document lost income and the everyday losses that don’t come with a receipt.
Third, the pressure. Insurance companies will try to blame you to avoid paying what you truly deserve. Who represents you in negotiations, and in court if it comes to that, matters. We don’t let an early offer stand in for the full value of your claim.
The Law Behind Pedestrian Damages
Four things must be proven
The driver owed you a duty of care, violated it, caused your injuries, and you suffered legally recognized harm as a result.
Fault is shared under pure comparative negligence
California lets you recover even if you were mostly to blame. A pedestrian found 99% responsible can still recover 1% of their damages; only a pedestrian who was entirely responsible recovers nothing.
Punitive damages are the exception
They require conduct well beyond ordinary carelessness and are rarely awarded in routine cases.
Two years to file a lawsuit
You generally have about two years from the date of the accident to file suit, and only six months for a claim against a government entity. Missing the deadline can cost you your damages entirely.
What Our Clients Say
If I didn't have Jimin and her people I would have been left with broken bones penniless and without a job. Prior to getting into contact with her my insurance…
Davina Barriga
Jimin and her staff tirelessly worked for my case and kept me updated constantly whenever something happened or when there was any development. She is very knowledgeable and I'm grateful…
Albert Veist
I found Jimin through word of mouth. She and her staff are just incredibly transparent and passionate. She made sure that we understood the entire process for our car accident…
Kim T.
San Mateo Pedestrian Damages FAQs
How much is my pedestrian accident claim worth?
It depends on the severity of your injuries, the cost of your current and future care, your lost income, your non-economic losses, and how fault is divided. No honest lawyer can promise a number before reviewing your case, but we can explain what drives its value.
What counts as economic damages?
Losses you can document with receipts or records: medical bills, future treatment, lost income, and the cost of repairing or replacing damaged property.
Can I recover for pain and suffering?
Yes. Non-economic damages cover pain and suffering, mental anguish, and reduced quality of life. They’re subjective, which is why documenting how the injury affects your daily life matters.
When are punitive damages awarded?
Only when the defendant’s conduct was particularly egregious, well beyond an ordinary mistake. They’re at the court’s discretion and uncommon in typical pedestrian cases.
I was partly at fault. Can I still get damages?
Yes. California’s pure comparative negligence rule reduces your award by your share of fault. Even if you were mostly responsible, you can recover the portion caused by the driver.
Why does the insurance company keep blaming me?
Because every bit of fault assigned to you reduces what it pays. Don’t argue fault with the adjuster; let us answer it with evidence.
Is there a deadline to claim damages?
Yes. A lawsuit generally must be filed within two years of the accident, and a claim against a government entity within six months.
Get Your Free, Confidential Case Review, 24/7
Don’t let medical bills pile up while the insurer decides what your injuries are worth. 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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