San Jose Personal Injury Lawyer

A California bike accident that consisted of three deaths, and has already resulted in millions of dollars being paid out to the victims’ families, has again resulted in monetary compensation awarded to the family of one of the victims. That is, the Associated Press reports that the father of the 30-year-old female victim of the accident will receive $800,000 in compensatory damages from Santa Clara County. The accident (first discussed in our November 4th post entitled “Families of Bike Accident Victims Collect Settlement from Santa Clara County”) occurred when a Santa Clara County deputy fell asleep while behind the wheel of his patrol car.

This settlement comes at the heels of a previous monetary award of $1.2 million to the girl’s mother. The county also previously settled for an amount of $2.3 million with the parents of one of the other victims in the accident. A third lawsuit filed by the family of the third victim is still pending, although if previous settlement amounts are any indication, the victim’s family should receive a significant settlement as well.
This case is emblematic of the accountability that must be accepted by a negligent party that is deemed to have somehow contributed towards causing an accident. In all cases of personal injury, accident victims have the right to seek compensatory damages from individuals that may have played a role in causing their injuries. Regardless of the circumstances, the best course of action an accident victim can take is retaining the services of an experienced personal injury attorney that will fight to ensure that the victim’s rights are not infringed upon in a court of law.

At Van Der Walde & Associates, our skilled Northern California personal injury lawyers will hold negligent parties accountable for their actions. If you have been injured in a bike, pedestrian, auto, or any other type of accident, please don’t hesitate to contact our San Jose personal injury attorneys today for more information. Call us today at 877-862-6288 for a free evaluation of your case.

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.

The Mercury News recently reported in an article that a man being killed by a Caltrain just south of the Blossom Hill station in San Jose. A 63 year-old man of San Jose was struck and killed by a Caltrain.  Though initial reports believed the death to be the result of suicide, it has been determined that suicide is an unlikely cause. The official cause has still not been determined.

Investigators believe that the man may have been attempting to take a short cut across the tracks. The wrongful death accident in San Jose, which occurred under the Highway 85 overpass near Great Oaks Boulevard, marks the eighth fatality this year attributed to a Caltrain. In 2008, there were a total of 16 deaths attributed to Caltrain.

The question is raised as to whether or not this accident could have been avoided. The patrol of train tracks, particularly those areas that are more prone to short-cut-taking by pedestrians, is an issue that needs to be addressed because the number of deaths does not seem to be at all dissipating. Whether or not negligence on the part of Caltrain played a factor is yet to be determined.

However, in the event that negligence does lead to personal injury of any kind, then it’s a good idea to enlist the help of an experienced San Jose personal injury lawyer who will examine the details of your case to determine who, if anyone, was at fault. For those instances where negligence did play a factor, the skilled attorneys at Van Der Walde & Associates are here to help. Call us today for a free consultation, and we will seek retribution from those responsible for your personal injury.