Pedestrian Accident Lawyer San Jose, CA

From the walkable downtown area to the local University campus, there are plenty of pedestrians on the San Jose sidewalks. As a pedestrian, you often have the right of way when crossing the street, but this doesn’t mean that a negligent or careless driver will see you. Pedestrian accident injuries can change your life. Many people may face a lifetime of chronic pain or become disabled because they were so seriously injured.

If you’ve been struck by a driver as a pedestrian, you have legal options. Our San Jose, CA, pedestrian accident lawyer from Mitchell & Danoff Law Firm, Inc, can advise you about your options to file a lawsuit for damages. You can demand money for medical care, pain and suffering, and missed wages from work, among other things.

How Can A San Jose Pedestrian Accident Lawyer Help Me?

There’s a good chance you’ll suffer a broken bone, sprain, strained muscle, or a neck or spinal cord injury after being hit by a car – if not multiple serious injuries. While you’re in the hospital recovering, a representative from the at-fault party’s insurance company might try to contact you. They may offer a fast settlement, but it’s likely much less your case is worth. You may need medical devices, modifications to your home or vehicle, or extensive surgery to repair the damage and get your mobile again.

Our lawyer with experience in pedestrian accident claims can properly value your claim, including estimating your loss of earning potential and lost wages from work and assigning a proper value to your pain and suffering, and emotional trauma. You can bet that the insurance company won’t offer money for that, but you’re entitled to demand non-economic compensation under California law.

Getting Justice After A Pedestrian Accident

Our personal injury lawyers work hard to hold negligent drivers responsible for their actions and the harm they cause pedestrians. We build a case proving their negligence, including investigating the circumstances of your accident, interviewing witnesses, and using information from the police report to determine fault.

Many pedestrian accident claims are settled out of court in negotiations or mediation. We can help there, too. Our lawyers are trained negotiators and can focus on achieving the highest possible settlement for your claim. We’ll even handle the communication with the other party and their lawyer or insurance company on your behalf so that you can rest and focus on healing.

Our Lawyers Are Ready To Hear Your Story

Have you been struck by a vehicle while walking in San Jose? Do you need help getting full and fair compensation for your losses? The legal team at Mitchell & Danoff Law Firm, Inc., is ready to fight to get you the money you need to pay for your medical treatment and rehabilitative care and to compensate you for your pain and suffering. Our deep knowledge of California personal injury laws and dedication to you, our client, can help you achieve a positive outcome for your case. Call today for a free consultation with our skilled San Jose pedestrian accident lawyer.

Understanding Pedestrian Accidents

Walking offers numerous health and environmental benefits. However, despite these advantages, pedestrians are among the most vulnerable users of the road. Accidents involving pedestrians can lead to serious injuries or even fatalities, highlighting the need for increased awareness and pedestrian safety measures. It is important to have our skilled San Jose, CA pedestrian accident lawyer on your side to help you better understand your case and to seek justice. Let us help you with your case. Reach out right away to learn more.

The Intersection Of Safety And Risk

One of the primary areas where pedestrian accidents occur is at intersections. Factors such as poor visibility, inadequate signage, and the failure of drivers to adhere to traffic signals can significantly increase the risk of collisions. Intersections in densely populated areas or near schools and parks, where pedestrian traffic is higher, require extra caution from both drivers and pedestrians.

The Role Of Distraction In Accidents

Distraction plays a significant role in the occurrence of pedestrian accidents. This includes both distracted driving, such as using a mobile phone while behind the wheel, and distracted walking, where pedestrians are not paying attention to their surroundings. The rise in smartphone usage has correlated with an increase in accidents attributed to distraction, emphasizing the need for individuals to remain alert and focused when navigating the roads. Our California pedestrian accident attorney may understand how to find proof behind texting and driving or other issues that could have caused the accident. 

The Impact Of Speed And Visibility

Speeding is a critical factor that affects the severity of pedestrian accidents. Higher vehicle speeds reduce the driver’s ability to stop in time upon spotting a pedestrian, leading to more severe impacts. Additionally, accidents that occur at night or in poorly lit areas are more likely to result in serious injuries or fatalities due to decreased visibility. Reflective clothing and well-lit pathways can help mitigate these risks.

The Aftermath Of An Accident

The aftermath of an accident can be a challenging and confusing time for victims and their families. Medical bills, lost wages, and the emotional toll of recovery can be overwhelming. It’s important for individuals affected by pedestrian accidents to understand their rights and the options available to them. Seeking the guidance of a professional who is experienced in this area of law can provide invaluable support through the legal process.

The Importance Of Legal Knowledge 

If you or a loved one have been involved in a pedestrian accident, it’s essential to seek legal advice as soon as possible. Our skilled San Jose pedestrian accident lawyers can offer the experience and guidance necessary to handle the legal system under California personal injury laws. We can help you understand your rights, the potential for compensation, and how to proceed with your claim.

Pedestrian accidents pose a significant risk on our roads, but understanding the common causes of pedestrian injuries and fatalities can help in preventing them. If you find yourself in need of assistance after such an incident, don’t hesitate to reach out for professional advice. Protecting your rights and well-being is of utmost importance, and you don’t have to deal with this challenging time alone. We are here to provide the support and representation you need to achieve the best possible outcome. Contact us to learn how we can help you move forward. Reach out today to set up a consultation.

Tactics Insurance May Use When You Are A Victim In A Pedestrian Accident

If you were injured in a pedestrian accident and the insurance company is saying you are at fault, don’t hesitate to reach out to our trusted San Jose, CA pedestrian accident lawyer for help. Attorney Tab Mitchell has been able to use his inside knowledge of insurance strategies to help many of his clients, so call our office now. 

Downplaying Injuries

Insurance adjusters often try to downplay the severity of your injuries. They may suggest that your injuries are not as serious as you claim or that they were pre-existing conditions. By scrutinizing your medical records, they look for any evidence to support their position. To counter this, collect thorough medical documentation that clearly links your injuries to the accident and details the necessary treatments and associated costs.

Offering Quick Settlements

One common tactic is for insurance companies to offer a quick settlement that is much lower than what you deserve. They know that accident victims may be facing immediate medical expenses and lost wages, making them more likely to accept a fast payout. However, these initial offers are usually insufficient to cover all your current and future expenses. Always consult with our personal injury attorney to better understand what to expect during the personal injury settlement process and to confirm the amount addresses your total losses.

Blaming the Victim

Insurance adjusters may try to shift blame onto you, the pedestrian. Our pedestrian accident lawyers know that they might argue that you were jaywalking, distracted, or otherwise at fault for the accident. They can use your statements or inconsistencies in your account to build their case. To protect yourself, gather as much evidence as possible from the accident scene, including photos, witness statements, and police reports, to support your claim and counter any attempts to place undue blame on you.

Delaying the Process

Delays are another common strategy used by insurance companies. They may drag out the investigation, request additional and unnecessary documentation, or frequently change the adjuster handling your claim. These delays can be incredibly frustrating and may lead you to accept a lower settlement out of desperation. 

Giving Misleading Legal Advice

Insurance adjusters might offer misleading legal advice, suggesting that hiring an attorney is unnecessary or that it will complicate the process. In reality, having our experienced attorney on your side significantly increases your chances of receiving fair compensation. Legal representation ensures that your rights are protected and that you are not taken advantage of during the claims process.

The Importance of Legal Support

The emotional and financial burdens of a pedestrian accident can be daunting, especially when dealing with an insurance company employing these tactics. At Mitchell & Danoff Law Firm, Inc, we understand the challenges victims face and are committed to advocating on your behalf. Our team works diligently to gather evidence, negotiate with insurance companies, and fight for you to receive the compensation you deserve.

Pedestrian Accident Infographic

Getting Help After Your Accident

Contact our personal injury legal team today for a confidential consultation. Let us help you understand your rights, navigate the claims process, and fight back against the tactics used by insurance companies. Attorney Tab Mitchell was in a personal injury accident and intimately understands what it is like to be on the other side of an injury claim. When you are ready, speak with our personal injury lawyer in San Jose.

Pedestrian Accident FAQs

In California, pedestrians injured in accidents can seek several types of compensation, depending on the specifics of their case. Medical expenses are a primary form of compensation, covering hospital stays, surgeries, medication, physical therapy, and other necessary treatments. Lost wages are also compensable if the injury prevents you from working temporarily or permanently. Pain and suffering damages are awarded for the physical pain and emotional distress endured due to the accident. Additionally, if the injury leads to long-term disability or a diminished quality of life, you may receive compensation for loss of enjoyment of life. 

How Are Medical Expenses Calculated For Injured Pedestrians In California?

Medical expenses are calculated based on the actual costs incurred from treating your injuries. This includes emergency room visits, hospital stays, surgeries, doctor visits, physical therapy, prescription medications, and any necessary medical equipment or modifications to your home. Future medical costs can also be estimated and included if ongoing treatment or long-term care is required. It’s important to keep all medical bills and records as evidence to support your personal injury claim. 

Can I Be Compensated For Lost Wages If My Injury Prevents Me From Working?

Yes, lost wages are a common component of compensation in pedestrian injury cases. If your injury has caused you to miss work, you can claim compensation for the income you would have earned during that time. This includes not only your base salary but also any overtime, bonuses, and benefits you may have missed out on. If your injury results in a long-term or permanent inability to work, you may also be entitled to compensation for future lost earnings and diminished earning capacity. 

How Is Pain And Suffering Compensation Determined For Pedestrian Injuries?

Pain and suffering compensation is more subjective and varies significantly from case to case. It takes into account the physical pain and emotional distress caused by your injury. Factors considered include the severity of the injury, the length of your recovery, the impact on your daily life, and any ongoing symptoms or disabilities. In some cases, testimonies from medical professionals and psychological experts can help quantify these damages. Insurance companies and courts may use different methods to calculate pain and suffering, such as the multiplier method or the per diem method. 

What Are Punitive Damages And When Might They Be Awarded In Pedestrian Injury Cases?

Punitive damages are not awarded in every case but are considered in situations where the driver’s behavior was particularly reckless or malicious. The purpose of punitive damages is to punish the wrongdoer and deter similar conduct in the future. For instance, if the driver was intoxicated, excessively speeding, or engaging in illegal activities at the time of the accident, punitive damages might be pursued.

Find Help Now

If you or a loved one has been injured as a pedestrian, it’s important to understand your rights and the types of compensation available. We are committed to helping you through the legal process and secure the compensation you deserve. Attorney Mitchell has devoted his entire career to personal injuries since 1984, so contact our San Jose pedestrian accident lawyer today for a consultation, and let us help you on your path to recovery.

San Jose Pedestrian Accident Infographic

Help After A Pedestrian Hit-And-Run Accident

Being struck as a pedestrian in a hit-and-run accident can be overwhelming, especially when the driver responsible has fled the scene. Not only do you face the physical recovery from potentially serious injuries, but you may also be left with substantial medical expenses and lost wages. In these situations, our California lawyer can play a pivotal role in helping you secure compensation and support as you work through the aftermath of the accident. Our team is dedicated to assisting victims of hit-and-run accidents, so that they have access to the resources they need to move forward. We have helped our clients recover more than $500 million, so you can trust our team with pursuing your civil case.

Investigating The Scene To Find The Driver

In hit-and-run cases, identifying the at-fault driver is one of the first and most difficult steps. Law enforcement will typically conduct an initial investigation, but having a legal team on your side means additional resources dedicated to tracking down any possible leads. This includes reviewing police reports, speaking with witnesses, and gathering any evidence from the scene, such as debris or vehicle paint.

We will also look for nearby surveillance cameras that may have captured the accident. Many businesses and residential areas have security cameras that can provide footage helpful for identifying the vehicle involved. If any witnesses saw the incident, their accounts are also vital in piecing together what happened. By dedicating resources to this investigation, we aim to provide you with the best possible chance of locating the responsible party.

Working With Your Insurance Company

If the hit-and-run driver cannot be located, you may need to turn to your own insurance for compensation. California allows uninsured motorist (UM) coverage to apply in cases where the responsible driver is unknown or has no insurance. If you have UM coverage, it can help cover your medical expenses, lost income, and other damages, even though the other driver is unidentified.

However, working with insurance companies can sometimes present challenges, as insurers may look for ways to reduce the amount they are required to pay. When we represent you, we handle all communication with the insurance company, ensuring that your claim is submitted with the proper documentation. Our goal is to negotiate a settlement that truly reflects the full scope of your losses, helping you recover without additional stress from the claims process.

Calculating The Full Extent Of Your Damages

Hit-and-run accidents can lead to injuries that require long-term medical care and rehabilitation. We work with you and your healthcare providers to document the full extent of your injuries, including future treatment needs and anticipated recovery time. The value of your damages may include not only immediate medical expenses, but also long-term care, physical therapy, lost wages, and pain and suffering. By assessing the true impact of the accident, we pursue a fair settlement that addresses all aspects of your recovery.

Exploring Additional Legal Options

If the hit-and-run driver is eventually identified, additional legal options may become available. In this case, we can file a personal injury claim directly against the driver to pursue further compensation. California law allows for punitive damages in cases of egregious negligence, such as leaving the scene of an accident. If appropriate, we explore this option to hold the driver accountable for their actions and to pursue any compensation that may further aid in your recovery.

Contact Us To Discuss Your Hit-And-Run Case

If you or a loved one was injured in a pedestrian hit-and-run accident, Mitchell & Danoff Law Firm, Inc is here to help. We’re committed to helping victims of hit-and-run accidents in California find the support and compensation they need to recover. We have been selected for inclusion in the listing of Super Lawyers®. Contact our San Jose pedestrian accident lawyer today to discuss your case and learn how we can assist you.

How Surveillance Footage Can Be Used In Your Pedestrian Accident Claim

When pursuing a pedestrian accident claim, gathering clear and reliable evidence is key to building a strong case. Surveillance footage often plays an important role in these situations, offering an unbiased account of what happened. Our personal injury attorneys recognize how valuable this type of evidence can be in helping our clients. We helped a pedestrian injured by a garbage truck win $100,000. Below are several ways surveillance footage can be used to support your pedestrian accident claim.

Proving Liability

Surveillance footage can provide a detailed account of how the accident occurred, helping to determine who was at fault. Whether it’s a driver running a red light, failing to yield at a crosswalk, or engaging in distracted driving, video evidence can show the precise actions that led to the collision. This clarity is often instrumental in holding the responsible party accountable.

Verifying Your Account of Events

Your version of events is a critical part of your claim, but video footage can add credibility to your statements. It’s one thing to describe how you were hit by a car, but it’s another to have visual proof of the incident. Surveillance footage that aligns with your account can help strengthen your case and counter any attempts by the other party to dispute your claims.

Disputing Fault Arguments

The driver or their insurance company may argue that you were partially or fully at fault for the accident. Surveillance footage can help disprove these claims. For example, it may show that you were in a marked crosswalk, crossing with the signal, or otherwise following traffic laws at the time of the accident. This evidence can protect your right to compensation by demonstrating that the driver’s actions were the primary cause of the collision.

Capturing Witness Perspectives

Sometimes, surveillance footage captures the reactions or movements of witnesses near the scene. This can help locate individuals who saw the accident and may be willing to provide statements. Combining video evidence with eyewitness testimony creates a more comprehensive picture of the incident.

Documenting Injury Severity

Our pedestrian accident attorney knows that in some cases, surveillance footage captures the immediate aftermath of the accident, including your injuries and how you were treated at the scene. This can demonstrate the severity of the collision and support your claims about the physical and emotional toll it has taken. Even if the footage doesn’t show the entire incident, this context can still be valuable in your case.

Strengthening Settlement Negotiations

When surveillance footage clearly shows what happened, it can influence the negotiation process. Insurance companies are less likely to dispute liability or minimize your injuries when faced with solid video evidence. This often leads to faster settlements and better outcomes without the need for a lengthy court battle.

Help After Your Accident

Surveillance footage can be a powerful tool in proving liability, supporting your account of events, and maximizing your compensation after a pedestrian accident. At Mitchell & Danoff Law Firm, Inc, we know how to gather and use this evidence effectively. If you’ve been injured in a pedestrian accident and need help building your case, contact us today. Our firm helped a pedestrian struck in a crosswalk win $150,000. Our San Jose pedestrian accident lawyers are here to guide you through every step and work toward the outcome you deserve, so call us now.

Partial Responsibility For Your Pedestrian Accident

Pedestrian accidents can result in serious injuries and financial hardships. When you’re partially at fault for the accident, it may feel overwhelming to understand your rights and options for seeking compensation. California follows specific laws for these situations, and knowing how they apply can help you move forward. It is important to know common tips for avoiding pedestrians accidents, but sometimes other people’s carelessness is unavoidable. We helped one client win $100,000 when a garbage truck struck them in a crosswalk. Call us to learn more today.

Recovering Compensation If Partially At Fault

You can still recover compensation for your injuries and damages, even if you were partially responsible for the accident. California operates under a comparative fault system, which means your compensation will be reduced by your percentage of fault. For example, if you were found to be 30% at fault and awarded $100,000 in damages, you would receive $70,000.

Determining Fault in Pedestrian Accidents

Fault is typically determined by examining the circumstances of the accident, including police reports, witness statements, and other evidence. Factors such as jaywalking, distracted walking, or failing to obey traffic signals might contribute to partial fault. However, the actions of the driver are also evaluated, such as speeding, distracted driving, or failing to yield to a pedestrian. Determining fault requires a clear understanding of what happened leading up to the accident.

Types Of Compensation We Pursue

Even if you share fault, you may still be eligible to recover compensation for medical expenses, lost wages, pain and suffering, and other damages. The exact amount you can pursue will depend on the specifics of your case and your level of responsibility for the accident. It’s important to carefully document your injuries, treatments, and any financial losses related to the accident to strengthen your claim.

When The Insurance Company Blames You

Insurance companies may try to shift more blame onto you to reduce the amount they have to pay. If this happens, it’s important to stay calm and focus on the evidence. Gather all relevant documentation, including photos, medical records, and witness information, to support your case. Legal assistance can also help counter unfair accusations and negotiate a fair outcome.

Whether Shared Fault Affects The Timeline Of Your Case

Cases involving shared fault can take longer to resolve because fault must be thoroughly evaluated and often negotiated. Insurance companies and legal representatives will work to assign percentages of responsibility, which may involve back-and-forth discussions or even court proceedings. While the process can be time-consuming, taking the time to build a strong case can lead to a better outcome.

Moving Forward After A Pedestrian Accident

If you were partially responsible for a pedestrian accident, it’s important to know that you still have rights. The law allows you to pursue compensation, even if you share some responsibility. Taking the right steps after the accident can make a significant difference in your ability to recover damages. In some cases, weather conditions will impact the likelihood of your accident occurring or how bad it is. At Mitchell & Danoff Law Firm, Inc, we’re committed to helping clients overcome the challenges of shared fault cases. Contact us today to discuss your situation and learn how we can help you pursue the compensation you deserve. We helped one client win $150,000 when they were struck in a crosswalk. Let our San Jose pedestrian accident lawyers handle the legal work while you focus on healing and moving forward.

Experienced Legal Support for Pedestrian Accident Victims

At Mitchell & Danoff, Inc, we are committed to providing unparalleled legal representation for pedestrians injured in accidents. With over 30 years of experience and a proven track record of securing over $500 million for our clients, our team works tirelessly so that you receive the compensation and justice you deserve. Our San Jose pedestrian accident attorney understands the emotional and physical toll these accidents can take, and we are here to guide you through every step of the process. Offering free consultations and working on a contingency fee basis, we are dedicated to serving the San Jose community with the highest level of professionalism and care. Our proven methods lead to proven results. Contact us today to begin your path to recovery.

San Jose Pedestrian Accident Glossary

If you’ve been involved in a pedestrian accident, it’s important to understand some of the legal terms that may come up during your case. Our San Jose, CA pedestrian accident lawyer at Mitchell & Danoff Law Firm, Inc works closely with clients to guide them through this process. Below are a few specific terms we often discuss during a pedestrian injury claim in California. This glossary helps clarify the key concepts we encounter in our day-to-day work with clients seeking fair compensation after a serious incident.

Crosswalk Collision Claim

A crosswalk collision claim refers to a legal action filed when a pedestrian is hit by a vehicle while using a marked or unmarked crosswalk. California law requires drivers to yield to pedestrians crossing the street in a crosswalk, even when traffic signals are present. In many cases, drivers fail to stop or misjudge the pedestrian’s movement, leading to serious accidents. We work with clients to collect evidence such as traffic camera footage, witness statements, and official reports to strengthen the case. Crosswalk-related incidents are among the most frequent causes of injury claims in urban areas like San Jose.

Loss Of Earning Potential

Loss of earning potential is a term used to describe the decrease in a person’s ability to earn income in the future due to injuries sustained in a pedestrian accident. This is not the same as lost wages, which only accounts for the time already missed at work. Instead, loss of earning potential looks ahead and considers how the injuries might limit a person’s long-term career path, reduce their ability to take on certain jobs, or impact future promotions. Our legal team often works with medical professionals to provide accurate assessments of how an accident has altered a client’s professional trajectory.

Insurance Settlement Offer

An insurance settlement offer is the amount proposed by an insurer to resolve a claim without going to court. After a pedestrian accident, the at-fault party’s insurance company may present an initial offer to the injured person. These offers often come quickly and may appear helpful, especially when medical bills are growing. However, they are frequently much lower than what a case is truly worth. We advise clients not to accept early offers without reviewing all their expenses and future needs. Our role includes assessing the full scope of damages and negotiating with the insurer to obtain a fair result.

Police Incident Report

A police incident report is an official document prepared by law enforcement after responding to the scene of a pedestrian accident. It typically contains details about the parties involved, witness statements, road conditions, time and location of the crash, and a preliminary assessment of fault. These reports play an important role in personal injury claims and can support or challenge the statements made by the drivers or insurance companies. Our firm regularly reviews these reports and may request supplemental information if key details are missing or unclear.

Settlement Negotiation Process

The settlement negotiation process is the back-and-forth communication between parties—usually attorneys and insurance representatives—aimed at resolving a claim without filing a lawsuit or proceeding to trial. This process involves presenting evidence, medical documentation, employment records, and opinions to justify the compensation sought. While not every case is resolved through negotiation, many are successfully settled at this stage. Our attorneys manage this process directly, allowing clients to focus on recovery while we work toward achieving a full and fair settlement.

If you were hit while walking in San Jose, don’t deal with the insurance company alone. Let Mitchell & Danoff Law Firm, Inc help you build a strong claim and fight for what you’re owed. Call us today for a consultation—we’re ready to stand by your side.