Pedestrian Accident

The Mercury News recently reported in an article that a 16-year-old female student from Palo Alto High School was struck by a vehicle as she attempted to cross six lanes of traffic in order to catch her bus. The driver of the vehicle, a 75-year-old woman from San Jose, was apparently unaware that she had struck a person. The driver was only aware only that she had possibly hit something, but didn’t know what it was.  The accident occurred on El Camino Real, and was not the fault of the driver. However, it is still being determined whether or not the woman will have to face hit-and-run charges because she did in fact leave the scene of the crime.

While the 16-year-old did break a traffic law, pedestrians are still afforded the right-of-way in all instances involving vehicles. Whether or not the elderly woman failed to even see the teenage girl is unknown at this time. One officer’s opinion of the driver’s state-of-mind was that she seemed “disoriented” and “confused.”  In many auto accidents involving pedestrians, driver inattention often plays a significant role in pedestrian injury.  Failing to observe all rules of the road, particularly those that protect pedestrians, puts unsuspecting pedestrians at risk of injury.  In instances where driver inattention or other negligent behavior plays a determining factor in causing pedestrian injury, it is the responsibility of the negligent motorist to accept accountability.

At Van Der Walde & Associates, our experienced San Jose pedestrian accident lawyers will examine the details of your pedestrian incident to determine if negligence played any sort of role, and will hold all parties responsible for their negligence actions. We have assisted many pedestrian accident victims receive compensatory damages to help with recovery. If you have recently been injured, don’t hesitate to contact a skilled personal injury attorney to ensure that your rights are protected in a court of law. Please call Van Der Walde & Associates today at 877-862-6288 for a free consultation.

Source Article: http://www.mercurynews.com/peninsula/ci_13221109?nclick_check=1

The Mercury News recently reported in an article that a San Jose resident was struck and killed while crossing the street north of Downtown San Jose. The 51-year-old, whose name was not revealed, was struck between Hedding Street and Mission Avenue while crossing First Street. The man was taken to a local hospital after the pedestrian accident in San Jose, but medical personnel were unable to save him.

The man was struck by a white 2008 BMW, according to a Sergeant. The BMW was driven by a 33-year-old, San Jose woman. The woman was not determined to be under the influence of any substance, nor did she flee the scene of the accident. She has not been charged with a crime as of yet.

San Jose police report that this incident is the ninth involving pedestrian death in vehicle-related collisions in the city of San Jose in 2009. Though negligence may not have played as much of a role in this man’s death as it has in other pedestrian related deaths, negligence is still one of the leading causes for pedestrian injury in vehicle-related accidents.

If you or a loved one has recently been involved in a vehicle-pedestrian accident, please don’t hesitate to contact the personal injury attorneys at Van Der Walde & Associates. Our knowledgeable lawyers will examine the details surrounding your accident, and will hold those responsible for their actions. Please contact a skilled San Jose pedestrian accident attorney today for a free consultation, and we’ll help restore the order that your accident took away.