San Jose Pedestrian Accident Lawyers
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Our San Jose Pedestrian Accident Lawyers Offer Clear Guidance For The Injured
Pedestrians suffer some of the most serious injuries of all traffic accident victims. Without seatbelts, airbags, or the steel frame of a vehicle, pedestrians have little protection from the full force of a car crash. Unlike bicycle and motorcycle riders, pedestrians do not even have helmets to protect their heads. Injured pedestrians are thus more likely to incur permanent injuries, disabilities, and other serious consequences due to a driver’s negligence.
The law may require a negligent driver to compensate an injured pedestrian for the damage they caused. Our San Jose pedestrian accident lawyers assist clients in pursuing compensation for injuries and related losses. We have experience handling claims across California and can manage negotiations with insurance companies on their behalf.
Settlement in a motor vehicle versus pedestrian accident; client, suffered facial and spinal injuries.– Judd Ross Allen
About Pedestrian Life In San Jose
San Jose has become a large city. It has not only the third-highest population of any city in California, but it is also one of the most populous cities in the entire United States. More people mean more traffic. More traffic means more auto accidents, so it is important for San Jose residents to know what to do in the event that they are someday injured in a car crash. San Jose is also one of the most expensive cities in the United States.
The San Jose metropolitan area has one of the highest percentages of homes costing a million dollars or more in the entire United States. The high cost of living is largely attributed to the abundance of high-paying tech jobs in the area. Some of the largest tech companies in the world are headquartered in San Jose. Zoom, eBay, Cisco, Acer, Hewlett-Packard, PayPal, Samsung, and many other major global brands maintain their headquarters in San Jose.
For accident victims, the potential value of an injury claim is often influenced by the actual costs of medical care and lost wages. In cities like San Jose, where medical expenses and average salaries tend to be higher than in smaller or less expensive cities, the total compensation they may need to pursue for these losses can also be higher. Additionally, compensation for pain and suffering is sometimes calculated based on the amount of medical bills and lost wages, which means that estimates for injury cases may also be more significant in high-cost cities. However, the cost of living itself is not a direct factor. Rather, it’s the higher expenses and wages in these areas that could impact potential claim values.
Getting Around San Jose As A Pedestrian
As in any city, there are certain parts of town where drivers are simply more likely to cause traffic accidents. San Jose has joined many other cities in implementing the Vision Zero initiative. This program utilizes technology to identify the most hazardous intersections, crosswalks, and roads within a city’s jurisdiction. The data can then be used by government officials to allocate tax dollars more efficiently and reduce car accident rates. Check out the City of San Jose’s Vision Zero page to see the latest accident data and trends.
Local officials are also committed to addressing specific traffic safety issues in the San Jose area. Santa Clara County released a 2018 report about transportation and traffic safety among older adults. Decreases in vision and hearing, slower reflexes, and other natural changes we experience with age can also increase an older pedestrian’s chances of being hit by a car. The county took time to address mobility issues in older adults, as well as the risks associated with biking, walking, and driving. Mobility safety is a common problem.
The CDC reports that both falls and motor vehicle accidents are among the leading causes of injury and death for older Americans. Older adults and their loved ones may wish to take the time to review this information to stay as safe as possible on the road. Ultimately, however, it is a driver’s responsibility to watch out for any pedestrians in the surrounding roadway. Negligent drivers who fail to avoid hitting pedestrians may be held accountable for the losses suffered by the victims.
The Causes Of San Jose Pedestrian Accidents
There are many reasons why pedestrians are hit on the road. It is important to determine who is legally responsible (“liable”) for causing an accident, as the liable party may be required to compensate victims for their injuries. The “at fault” party could be an individual, a company, or any combination of defendants.
The pedestrian injury lawyers at Arash Law can investigate your case and work to identify potentially responsible parties you may be able to seek compensation from. What follows are some of the most common defendants in a pedestrian accident case.
Pedestrian Accidents Involving Negligent Drivers
Pedestrian accidents are frequently caused by negligent driving behaviors. There are many driving behaviors that can be considered negligent. The driver could be speeding, running a red light, or distracted by their phone. The driver might simply not have been able to see the pedestrian, especially if the accident occurred at night, in fog, or during other periods of low visibility.
Rules of the road require drivers to yield the right of way to pedestrians in most circumstances. The law also requires drivers to exercise due care to help protect pedestrian safety. When a driver fails to meet these legal requirements and that failure contributes to an accident, the driver may be found at fault for the pedestrian’s injuries, depending on the circumstances of each case.
Pedestrian Accidents Involving Impaired Drivers
Though there are many driving habits that can be considered negligent, few are as dangerous as driving while impaired. California statutes make it a criminal act to operate a vehicle while under the influence of alcohol, prescription medications, recreational drugs, marijuana, or any other impairing substance.
Despite these laws, impaired driving continues to result in thousands of fatalities each year in California. Injury victims may have legal options for seeking accountability from impaired drivers.
Pedestrian Accidents Involving Buses And Trucks
A pedestrian is at a disadvantage in any accident simply because they are not in a vehicle. The problem may be made worse when a pedestrian is struck by a large vehicle, like a bus or a truck. With added weight and size, the force of the collision is greater, and the pedestrian’s injuries are more likely to be fatal.
Bus drivers and truck drivers are held to an even higher standard of care than other drivers on the road. Since they are paid to provide transportation using larger and heavier vehicles, they are expected to be even more cautious on the road. Drivers who fail to use the utmost care could be found at fault for accidents injuring pedestrians. In some cases, other companies or entities may also share legal responsibility for resulting injuries.
The transportation company that employed the driver, as well as the vehicle’s owner, could potentially be held liable for the accident. If you are struck by a city bus, the city or its agencies may also be held legally responsible. Accidents involving buses or trucks often involve multiple parties and complex legal issues, and as a result, victims may need the assistance of an injury lawyer. When several defendants are involved, they may attempt to shift blame among themselves. Our San Jose pedestrian accident lawyers can help navigate these complexities and assist you in seeking accountability against the at-fault parties.
Pedestrian Accidents Involving Train Collisions
Train tracks are notoriously dangerous. Although trains have become less prevalent in the United States, train injuries still occur every year, and train tracks are known to be particularly hazardous for pedestrians. Train companies, cities, and other property owners have a legal obligation to maintain the train tracks in a safe condition for pedestrians. These areas should be properly marked with clear signs.
Blind turns, overgrown vegetation, and other obstructions can prevent a train engineer from seeing a person or car on the tracks before a collision occurs. If a pedestrian is hurt in a train accident, the conductor or train company could be found liable for their injuries. A property owner who failed to maintain the train tracks in a safe condition could also be found at fault.
Pedestrian Accidents Involving Rideshare Drivers
Uber and Lyft have become incredibly popular. These companies originated right here in Northern California and have quickly become one of the most popular ways to get around San Jose. The convenience of these services has helped keep countless drunk drivers off the road. Despite this important safety feature, rideshare drivers can still cause accidents like any other motorists. Individuals injured in these accidents may have the option to seek compensation. Injury claims involving Lyft or Uber can be complex, as these companies provide supplemental insurance coverage. This additional coverage typically applies under certain circumstances, often after the driver’s personal insurance has been considered and depending on whether the rideshare app was in use at the time of the accident.
Rideshare accidents often involve multiple injury victims filing claims with various insurance companies. This situation may make it difficult for injury victims to navigate the claims process and pursue compensation from the appropriate sources. In some rideshare accident cases, the claim is even further complicated by new legal issues. Rideshare technology is relatively new. Accidents can raise new legal questions that have never been previously addressed by a court. If you or a loved one was struck by a rideshare vehicle while walking, you may need an injury lawyer who can deal with these new legal questions and complicated injury claims.
Pedestrian Accidents Involving Bicycles
Though it is rare, some pedestrians are injured by bicyclists, not drivers. Pedestrian injuries are far less likely to be severe when the victim is hit by a bicycle instead of a fully-loaded car. This fact does not mean that injuries from a bike are not serious. Regardless of severity, you may be eligible to pursue compensation for the injuries and losses you have experienced. Our team at Arash Law has experience documenting and presenting the value of these losses to support your claim.
Compensation In A San Jose Pedestrian Accident
If you have been injured by a motorist while walking, your first question is likely to be, “How much is my claim worth?” Every claim is unique, so we cannot estimate the potential value of your claim without first reviewing the specific details of your case. Below are some common losses you may be able to seek compensation for after an accident.
- Medical Bills — A liable defendant may be required to cover medical bills related to the accident. These may include ambulance bills, ER visits, inpatient hospitalizations, consultations with medical experts, prescription costs, and ongoing rehabilitation (such as physical therapy or chiropractic care).
Lost Wages — Injury victims may be able to seek compensation for lost income as a result of a car accident. Your lost wages include hourly pay, overtime, bonuses, commissions, and any other forms of compensation (like profit sharing). In many cases, proving your lost wages is as simple as obtaining a statement from your employer that shows the number of hours you missed and your hourly pay rate.
A salary can be prorated based on a standard forty-hour workweek. However, calculating a lost wage claim can involve additional complexities. Our lawyers can assist in documenting lost bonuses, unused paid time off, and other employment-related losses that may be considered in your claim.
Pain and Suffering — One common component of many personal injury settlements is pain and suffering. “Pain and suffering” is a general term that refers to all the intangible losses you suffer as a result of a car accident. It includes physical pain and emotional suffering, but these are not the only losses it covers. You may be able to include scarring or disfigurement that permanently changes your body as part of your claim. You may also be eligible to seek compensation for missing significant events (such as graduations or weddings) and for limitations on daily activities (like participating in recreational sports).
Other factors that may be considered include loss of sleep, increased stress, and the impact of your injuries on relationships and overall quality of life. These losses can be challenging to quantify, but our pedestrian accident attorneys have experience documenting and supporting claims for pain and suffering.
Your Future Losses — In some cases, losses may continue even after a settlement is reached. Ongoing medical care might be necessary, and some individuals may not be able to return to their previous work or may have to accept a lower-paying position, resulting in reduced future earning capacity. Long-term pain and suffering can also occur. Future medical expenses, lost wages, and pain and suffering may be taken into account when evaluating compensation in an injury claim.
Our accident attorneys may work with expert witnesses to help project the value of potential future losses. Accurately documenting these losses can be complex, but we can work to help you address these challenges. We are committed to supporting our clients in seeking compensation for past, present, and potential future losses.
Reach Out To Our San Jose Pedestrian Accident Lawyers
If you are looking for “pedestrian accident lawyers near me,” our San Jose pedestrian accident lawyers can assist you. Our legal team has experience handling pedestrian accident cases on behalf of clients throughout California.
We represent clients in San Jose, Palo Alto, Silicon Valley, and the Bay Area. We also work in Orange County, San Diego, Fresno, Sherman Oaks, Los Angeles, Santa Barbara, and throughout California. Call (888) 488-1391 for a free initial consultation.
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