Walking is a great way to get in some low impact exercise, get around nearby offices in town, and help keep the environment clean by reducing pollution from cars and other motor vehicles. This wonderful mode of transportation is free and provides many health benefits as well. However, safety can be a concern when walking near busy streets and intersections. It is undoubtedly better to have never been injured in the first place, but if you have suffered an injury as a pedestrian, the San Jose pedestrian accident lawyers of Henshaw Law Office are here to help you get the compensation you deserve.
In 2022, almost half of all the traffic fatalities in San Jose was made up of pedestrian deaths. The rate of pedestrian fatalities in San Jose has increased steadily in the past seven years. Despite ordinances to help improve pedestrian and bicyclist safety, fatalities continue to rise. If you’re one of many pedestrians with injuries after a collision in the Bay Area, contact the local San Jose pedestrian lawyers of Henshaw Law Office. Civil laws could entitle you to compensation for your damages.
Potential Lawsuits After a Pedestrian Accident
The obvious party to bring to court after a pedestrian accident is the driver of vehicle that struck you. There are, however, additional parties who may share fault for your recent accident. For example, a property defect may have made you step off the sidewalk and into the road. In this case, you may have a case against the owner of the property, or the City of San Jose. Any party that breached a duty to you, contributing to the incident, may be liable.
An experienced San Jose injury attorney from Henshaw Law Office can help you file claims with the correct parties, and argue for just compensation. You could be eligible to recover your medical expenses, lost wages, pain and suffering, and disability costs after a serious pedestrian collision. Drivers owe special duties of care to child pedestrians. If a driver struck your child in San Jose, contact us right away. Call (408) 599-1305 to get in touch with a Bay Area pedestrian accident attorney today.
Frequently Asked Questions (FAQs) After a Pedestrian Accident in San Jose
It’s understandable to have a lot of pressing questions after a pedestrian accident in San Jose. You need to know what to do, whom to call, and how to handle your claim in a way that will give you the best results. The San Jose pedestrian accident lawyers at Henshaw Law Office, are here to take your questions and offer tailored answers according to your unique situation. Use these FAQs for more information about pedestrian accidents prior to scheduling a free consultation:
What damages are available after a pedestrian accident?
In California, pedestrian accident victims can fight for full compensation or payment for 100% of crash-related damages. Damages can include past and future medical costs, lost wages, physical pain and emotional suffering, property damage, and punitive damages if the at-fault party was grossly negligent. A great San Jose pedestrian accident lawyer can maximize the damages a victim receives.
Do pedestrians always have the right-of-way?
In general, pedestrians have the right-of-way. In some situations, pedestrians legally must yield to vehicles. California Vehicle Code §21950 states pedestrians don’t have the right-of-way at places other than marked or unmarked crosswalks or intersections. If you cross the road where there is no intersection and/or crosswalk (“jaywalking”), you must yield the right-of-way to oncoming traffic.
Can a pedestrian be at fault?
If a pedestrian stepped off the curb when it was illegal to do so, the pedestrian may be partially or fully at fault for the collision. California is a comparative negligence state, which means even at-fault victims can be eligible for compensation. The courts will reduce a plaintiff’s compensation award by an amount equivalent to his or her percentage of fault for the pedestrian accident.
What is the pedestrian duty of care?
California Vehicle Code states that right-of-way does not relieve a pedestrian from his or her duties of care. These duties surround the individual’s safety, such as making sure no vehicles are coming before stepping onto the road. Pedestrians cannot depart curbs suddenly to cross the path of a vehicle that’s close enough to “constitute an immediate hazard”. Pedestrians cannot intentionally hold up traffic while in a crosswalk or intersection.
What is the driver duty of care?
Drivers also have duties of care when maneuvering around intersections, crosswalks, and pedestrians. Drivers must reduce the speed of their vehicles and take any other necessary actions to safeguard the safety of pedestrians when approaching crosswalks. Failure to slow down or take other reasonable and prudent actions to avoid a collision is an act of negligence.
How do I prove a driver is at fault?
In a pedestrian accident claim in California, it is the injured victim’s burden to prove the driver’s fault to obtain compensation. Proving fault can involve calling the police, getting an official police report, gathering evidence, taking photos, speaking to eyewitnesses, and hiring a firm of attorneys. You may also need to hire experts to testify on your behalf during a court case. A San Jose pedestrian accident lawyer can handle the burden of proof while you focus on healing.
An in-depth case evaluation at an attorney’s office in San Jose can give you more specific information about what your case could be worth, who caused your accident, what you need to do next, and how to prove a driver’s fault, and fight for full compensation. Initial consultations at Henshaw Law Office, are always free, confidential, and no-obligation. Our pedestrian accident lawyers want to help injured pedestrian accident victims get the facts and resources they need to move forward. Contact us online or call (408) 599-1305 to start your free consultation.
Pedestrian Injury Statistics
Nationwide, the number of pedestrian injuries has continued to rise since 2009. According to the National Highway Traffic Safety Administration (NHTSA), 7,080 pedestrians were killed in traffic crashes in 2024. In 2023, California had the highest amount of pedestrian deaths out of the other states with 1,106 fatalities.
California pedestrians are somewhat more at risk because there are more quiet hybrid and electric cars than in other parts of the country and they can pose danger without warning. Pedestrians generally have the right-of-way in California. Cars are required to yield at corners and crosswalks, despite how such areas may be marked or whether traffic lights are present.
Causes of Pedestrian Accidents
San Jose is a dangerous place for pedestrians. Driver distraction is at an all-time high throughout the country. Distracted driving has resulted in massive driver inattention and failure to obey traffic laws. Combine this with San Jose’s unfriendly layout for pedestrians and you have a recipe for disaster. There has been a significant rise in pedestrian traffic in downtown San Jose. This can be attributed to company relocations, tourists, more residents, and students. The city infrastructure has not kept up with the influx of pedestrians and still has major pitfalls that risk lives every day. Reasons for pedestrian accidents in San Jose include:
- Texting and driving
- Distracted drivers
- Incompetent drivers
- Speeding
- Ignoring traffic signs
- Driving while intoxicated
- Failing to yield right of way at crosswalks
- Low pedestrian visibility
- Poor city infrastructure
- Lack of crosswalks and signals
- Sidewalk defects
Sadly, many pedestrian deaths are the result of individuals not taking the proper precautions. One-third of such fatalities involved the pedestrian being legally intoxicated when struck by a vehicle. 75% of the fatalities occur when the pedestrian is crossing between intersections or jaywalking. Distracted walking injuries and deaths continue to rise as well, as pedestrians become absorbed in their mobile devices and fail to pay attention to the path in front of them.
Pedestrians aren’t always to blame, of course. Drivers traveling at excessive speeds also account for a significant percentage of pedestrian accidents. Failing to obey traffic signals is also cited as a frequent cause of drivers striking pedestrians. Despite laws against the use of cell phones while driving and a nationwide effort to educate drivers on the dangers of distracted driving, drivers often simply fail to pay proper attention to the road.
In many auto/pedestrian fatal collisions in San Jose, the pedestrian was jaywalking. California laws do not automatically bar pedestrians from compensation in these types of accidents. Call our pedestrian accident attorneys to discuss your individual case in San Jose. California’s pure comparative fault laws mean you could be eligible for compensation as long as you were not 100% responsible for the collision. It is always worthwhile to use your free consultation with Henshaw Law Office injury attorneys to learn more about your rights before agreeing to a settlement, even if you believe you were partially at fault.
Safety Tips for Pedestrians
The first rule of walking is to be constantly aware of your surroundings. Wait until you are away from intersections if you need to answer a call or use a mobile device. Heightening visibility is always a good idea as well. Wearing bright colored clothing can help ensure that drivers see you when crossing the street. This is especially important if you are walking at night. Carrying a lit flashlight or wearing reflectors on your clothing can help ensure that drivers see you.
Always obey traffic laws for pedestrians. Use crosswalks or intersections any time you need to cross a street. Obey traffic signals, and don’t try to beat the light to cross a busy street. Your life is worth the extra few minutes waiting until it is safe to cross.
Walking Defensively Can Save Lives
As a pedestrian, it is always safer to assume that the driver doesn’t see you. Assume a driver may not stop, and will hit you if you don’t take the necessary steps to prevent an accident. Whenever crossing an intersection, it is better to make eye contact with a driver when possible.
If a driver fails to operate a vehicle responsibly, you may have grounds to seek compensation. You may able to seek damages for the injuries you have suffered, or for the death of a loved one struck through the driver’s negligence. Your San Jose pedestrian accident lawyer will gather the evidence to strengthen your case and secure compensation for your damages. To learn how Henshaw Law Office can help, schedule your consultation with the pedestrian accident attorneys in San Jose by calling (408) 599-1305 or contacting us online.
