San Jose Pedestrian Injury Attorneys
Pedestrians have the right-of-way in California. If a pedestrian is jay-walking,
they may be given a citation if seen by police, but if they are hit by
a car, fault for the crash is still generally considered to be on the
car driver. The impact of a car onto an unprotected pedestrian can cause
serious injuries with even a relatively small amount of force, which is
why laws governing pedestrian safety are strict and why drivers are usually
at fault for pedestrian accidents. But this does not mean a pedestrian
accident claim is an open and shut case. If you have suffered injury in a
pedestrian accident, you still have to provide evidence to prove that the accident was caused
by the negligence or recklessness of the driver.
Negligence in Pedestrian Accidents
In order to successfully hold the at-fault driver legally accountable for
the injuries he or she caused, you must prove that negligence caused the
crash. This may not be an easy task, however, which is why it would be
advisable to retain the services of an experienced personal injury attorney
to file your claim. There are many different forms of negligence that
may be claimed in a personal injury lawsuit for a pedestrian accident.
If your accident occurred under the following circumstances, you may be
entitled to pursue compensation from the driver:
- Inattentive or distracted driving, especially if a cell phone is involved;
- Failing to stop before a crosswalk, or failing to make a double-stop, as
is the law;
- Failing to yield the right-of-way, such as making a right turn when pedestrians
are signaled to enter a crosswalk;
Drunk driving, which is unfortunately responsible for many
fatal pedestrian accidents; and/or
- Speeding or other traffic law violations.
Negligent or reckless driving such as that above is not only responsible
for almost all pedestrian accidents, but other vehicle accidents as well.
In both cases, the injured victim has the right to hold the negligent
driver responsible for his or her negligence.
Damages that are Covered by a Personal Injury Claim
Pedestrian accidents are often severe, merely due to the fact that pedestrians
have no protection against even the smallest passenger car. Injuries can
include bumps, scrapes, and bruises, but are more often more serious,
such as bone fractures, head injury, and
spinal cord injury. Such serious injuries can not only require extensive medical care, but
may result in permanent disability. Financial security during such a difficult
time is essential to recovery and a personal injury claim can help you
get just that. Damages typically covered by a personal injury claim include:
- Medical bills;
- Future medical care;
- Loss of income;
- Loss of future earning capacity; and
- Pain and suffering.
Helping You Get the Financial Security You Deserve
Victims of negligence are innocent and should not have to experience the
undue financial, physical, and emotional hardships associated with a pedestrian
injury accident. If you have been injured in a pedestrian accident caused
by the negligence of another, the dedicated pedestrian accident attorneys
at Caputo & Van Der Walde LLP can help you pursue compensation from
the at-fault driver.
Contact us today at (800) 900-0863 for a consultation.