Caputo & Van Der Walde Logo

Caputo & Van Der Walde llp

Local Personal Injury and Accident Attorneys
Get A Free Case Evaluation

San Jose Pedestrian Accident Lawyer | Pedestrian Accident Attorney

San Jose Pedestrian Accident Lawyers Committed to Protecting Your Rights

A pedestrian accident can be a traumatic experience, often resulting in serious injuries, emotional stress, and overwhelming medical expenses. At Caputo & Van Der Walde, we understand the challenges you’re facing and are here to support you every step of the way. With decades of experience our team will stand by your side, protect your rights, and fight for the full compensation you need. Contact us for a free consult with a San Jose pedestrian accident lawyer today.

Being struck by a vehicle is one of the most devastating accidents a person can experience. Pedestrian accidents often result in severe injuries, lasting trauma, and significant financial hardship. Victims are suddenly faced with hospital bills, lost income, and a long recovery process, all while trying to make sense of what happened and who is responsible.

At Caputo & Van Der Walde, our pedestrian accident attorneys understand the challenges you’re facing. For decades, our San Jose pedestrian accident lawyers have represented injured individuals and families across the Bay Area, providing the steadfast legal representation they need during the most challenging moments of their lives. We are committed to protecting your rights, holding negligent drivers accountable, and pursuing the maximum compensation you need and deserve for your pedestrian accident case.

Table Of Contents

multi-million dollar advocates forum logo

Multi-Million Dollar Advocates Forum

With over $100M+ in settlements, our firm has a proven history of success and dedication to achieving significant outcomes for our clients.
Awards and Recognitions
multi-million dollar advocates forum logo
SuperLawyers Award Logo
Lawyers of Distinction Award Logo
BBB A+ Award Logo
AV Preeminent Lawyer Rating Award Logo
Abota logo
Caputo & Van Der Walde Logo
The Caputo & Van Der Walde team

Caputo and Van Der Walde – Injury & Accident Attorneys Who Will Stand Strong For You

When you’ve been injured in an accident caused by someone else’s negligence, choosing the right injury law firm can make all the difference. At Caputo & Van Der Walde, our San Jose legal team is dedicated to protecting the rights of pedestrian injury victims and helping them rebuild their lives after serious accidents.

We understand that after an accident, you may be facing physical pain, emotional distress, and financial uncertainty. Insurance companies often take advantage of this difficult time by offering quick settlements that fall far short of what you truly deserve. That’s where we come in. Our experienced attorneys know how to stand up to powerful insurers and corporations and pursue the full and fair compensation our clients need to recover.

What You Can Expect When You Hire Caputo & Van Der Walde to Represent You

When you work with Caputo & Van Der Walde, you’re not just another case file. You’re a valued client who will receive personal attention and honest guidance every step of the way. Our firm combines the dedication and accessibility of a small firm with the proven results and resources of a large one.

No Fees Unless We Recover Money For You
Hiring our team costs you absolutely nothing upfront. We work on a contingency fee basis, which means we only receive payment when we successfully resolve your case. This ensures that our interests are entirely aligned with yours. At our firm, we are motivated to secure the best possible outcome because your success is our success.

A Firm With a Proven History of Success

Over the years, we have built a strong reputation throughout San Jose and the Bay Area for our integrity and commitment to justice. We are proud of the results we’ve achieved for our clients, including numerous multimillion-dollar verdicts and settlements that have helped individuals and families move forward after devastating injuries.

Whether you were injured by a distracted driver or a driver who failed to yield, you should not have to face the consequences alone. Our San Jose injury law firm’s goal is to help you secure the financial recovery you need to cover medical expenses, replace lost income, and rebuild your life after a pedestrian accident.

When you work with Caputo & Van Der Walde, we’ll make the legal process as stress-free as possible by:

  • Filing Your Claim Accurately and On Time: We handle all paperwork to ensure your claim is complete and filed before the statute of limitations expires.
  • Conducting a Thorough Investigation: Our team gathers evidence, including police reports, surveillance footage, accident reconstruction data, and witness statements, to build a strong case on your behalf.
  • Working with Experts: We consult medical professionals, economists, and accident reconstruction specialists to fully assess your injuries and losses.
  • Negotiating Aggressively with Insurance Companies: We know the tactics insurers use to minimize payouts—and we fight back to ensure you’re treated fairly.
  • Taking Your Case to Trial, if Necessary: If the other side refuses to offer a just settlement, we are fully prepared to present a compelling case before a jury to secure the compensation you deserve.

At Caputo & Van Der Walde, we combine compassionate client service with relentless advocacy. Your recovery is our priority, and we won’t stop fighting for the full and fair compensation you need to recover.

Contact us today for a free consultation with an experienced San Jose pedestrian accident lawyer. We’re ready to listen, guide you through your options, and help you take the next step toward justice and healing.

Visit Our San Jose Office

San Jose Office

1165 Lincoln Ave Suite 218, San Jose, CA 95125
At Caputo & Van Der Walde, we’re proud to serve clients throughout the Bay Area with convenient office locations. Whether you’re near downtown San Jose or in the Campbell area, our team is ready to meet with you, discuss your case, and help you take the following steps toward recovery.

San Jose Pedestrian Accident Statistics

Pedestrian safety continues to be a major concern in San Jose. Despite efforts to improve roads, enforce traffic laws, and raise public awareness, pedestrians continue to be one of the most at-risk groups on city streets.

From 2018 to 2022, pedestrian fatalities consistently made up a significant portion of traffic deaths:

Year Fatalities Pedestrian Fatalities
2018 52 total fatalities 24 pedestrian fatalities
2019 59 total fatalities 28 pedestrian fatalities
2020 49 total fatalities 20 pedestrian fatalities
2021 60 total fatalities 23 pedestrian fatalities
2022 65 total fatalities 32 pedestrian fatalities

Nearly half of all traffic deaths in these five years involved pedestrians, highlighting the persistent dangers they face. While the total number of crashes fluctuates each year, pedestrian fatalities remain consistently high. Even with San Jose’s Vision Zero initiative, a long-term plan to eliminate traffic fatalities, pedestrians continue to be among the most vulnerable road users.

Common Contributing Factors to Pedestrian Traffic Fatalities

Pedestrian accidents often result from a combination of risky behaviors, poor visibility, and unsafe road conditions. Understanding the most common contributing factors can help raise awareness and prevent future tragedies.

Jaywalking and Failure to Use Crosswalks

Many serious pedestrian accidents occur when individuals cross streets outside of designated crosswalks or controlled intersections. Drivers are less likely to anticipate pedestrians in these areas, increasing the risk of a collision. Crossing at intersections with traffic signals or marked crosswalks greatly improves safety and visibility.

Pedestrian Inattention

Distractions such as looking at a phone, listening to music, or wearing headphones can prevent pedestrians from noticing oncoming vehicles or traffic signals. Just as distracted driving is dangerous, distracted walking near busy streets can also have fatal consequences.

Low Visibility and Nighttime Conditions

A large percentage of pedestrian fatalities happen after dark, when visibility is limited. Pedestrians wearing dark, non-reflective clothing are especially difficult for drivers to see until it’s too late. Reflective gear, flashlights, and walking in well-lit areas can significantly reduce the risk of nighttime accidents.

Alcohol and Drug Impairment

Both pedestrians and drivers under the influence of alcohol or drugs are far more likely to be involved in accidents. Impairment slows reaction time, reduces coordination, and impairs judgment, making it more difficult to navigate traffic safely.

Crossing Multi-Lane or High-Speed Roadways

Pedestrians crossing wide, high-traffic roads, especially outside of residential or urban areas, face a heightened danger. These roads often lack sidewalks, crosswalks, and sufficient lighting, while vehicles are typically traveling at higher speeds. Without safe crossing points, pedestrians are exposed to significant risk.

What to Do After a Pedestrian Accident in San Jose, CA

  1. Stay Safe. Your immediate priority is your safety. If possible, move yourself out of traffic to avoid further injury. If you can’t move safely, stay where you are and signal for help. Ensure that other pedestrians and bystanders are also safe. Avoid leaving the scene, as doing so could have legal consequences, even if the accident seems minor.
  2. Call 911. Dial 911 immediately to report the accident. This ensures police and emergency medical services arrive quickly. Even if your injuries seem minor, request an ambulance or medical evaluation. Some injuries, such as concussions, internal bleeding, or whiplash, may not show symptoms right away. Police will create an official accident report, which is essential for legal and insurance purposes.
  3. Gather Evidence. Take clear photos of the accident scene (roads, sidewalks, traffic signals), any vehicles involved (license plates, damage, position), and your injuries (bruises, cuts, or swelling). Collect contact information from the driver, any witnesses, and police officers or first responders. Preserve damaged personal items (clothing, shoes, glasses) as physical evidence. Evidence helps your lawyer prove what happened and who is responsible.
  4. Don’t Admit Fault. Be careful with your words. Only provide factual information to the police. Never admit blame to the driver or their insurance company at the scene or over the phone. Insurance adjusters may try to use statements against you to reduce compensation. Wait to speak to an attorney before making any official statements.
  5. Report the Accident. Ensure a police report is filed if it wasn’t done at the scene. In San Jose, police reports are often required for insurance claims and legal action. Notify your insurance company as soon as possible. Provide them with facts but avoid giving opinions or admitting fault. Prompt reporting helps preserve your rights and strengthens your case.
  6. Contact a Pedestrian Accident Lawyer. A qualified attorney can help you navigate the complex legal and insurance processes. They will investigate the accident thoroughly, collect evidence, including traffic camera footage or witness statements, communicate with insurance companies on your behalf, and help you pursue fair compensation for medical bills, lost wages, emotional distress, and pain and suffering. Most pedestrian accident lawyers work on a contingency basis, meaning you pay nothing unless you win your case.
  7. Attend Follow-Up Medical Appointments. Follow up with a doctor or specialist as recommended. Keep detailed records of all visits, diagnoses, treatments, prescriptions, and rehabilitation. Accurate medical documentation will be crucial if you pursue compensation for your injuries.
  8. Keep Track of Expenses. Document every cost related to the accident. Keep a personal journal of your recovery, noting physical pain, emotional stress, and how the accident affects your daily life. This documentation strengthens your claim for damages and ensures you receive full compensation.

Why Clients Trust Caputo & Van Der Walde

Why Clients Trust Caputo & Van Der Walde

  • Millions Recovered in Verdicts and Settlements: Our attorneys have a long track record of achieving outstanding results in complex personal injury and wrongful death cases.
  • Personalized, Compassionate Representation: We take the time to understand your unique story, needs, and goals—because every client deserves a tailored approach, not a one-size-fits-all solution.
  • Extensive Trial Experience: Our lawyers are seasoned litigators who are fully prepared to take your case to court if the insurance company refuses to offer a fair settlement.
  • Respected by Clients and Peers Alike: Our firm is recognized for its professionalism, adherence to high ethical standards, and client-focused advocacy, with numerous five-star reviews and referrals from satisfied clients.
  • Free, No-Obligation Consultation: We invite you to discuss your case with us at no cost. You’ll get straightforward answers and a clear understanding of your legal options.

At Caputo & Van Der Walde, we are proud to be a voice for the injured and a champion for justice. Our mission is simple: to stand strong for you when you need it most and to fight tirelessly for the results you deserve.

Contact us today to schedule your free consultation and learn how our San Jose personal injury attorneys can help you recover the compensation you need to move forward with confidence.

Why Clients Trust Caputo & Van Der Walde

  • Millions Recovered in Verdicts and Settlements: Our attorneys have a long track record of achieving outstanding results in complex personal injury and wrongful death cases.
  • Personalized, Compassionate Representation: We take the time to understand your unique story, needs, and goals—because every client deserves a tailored approach, not a one-size-fits-all solution.
  • Extensive Trial Experience: Our lawyers are seasoned litigators who are fully prepared to take your case to court if the insurance company refuses to offer a fair settlement.
  • Respected by Clients and Peers Alike: Our firm is recognized for its professionalism, adherence to high ethical standards, and client-focused advocacy, with numerous five-star reviews and referrals from satisfied clients.
  • Free, No-Obligation Consultation: We invite you to discuss your case with us at no cost. You’ll get straightforward answers and a clear understanding of your legal options.

At Caputo & Van Der Walde, we are proud to be a voice for the injured and a champion for justice. Our mission is simple: to stand strong for you when you need it most and to fight tirelessly for the results you deserve.

Contact us today to schedule your free consultation and learn how our San Jose personal injury attorneys can help you recover the compensation you need to move forward with confidence.

Holding Careless Drivers Accountable for Accidents Involving Children

The law imposes a greater duty of care on adults regarding the safety and protection of children. It recognizes that children can be unpredictable, and someone operating a motor vehicle must be able to anticipate this impulsiveness and exercise extra caution when driving in areas where children are present.

The mere presence of children is a warning to drivers to slow down and exercise extra caution. The court can and does hold these negligent drivers responsible for the damages they cause when speeding through residential areas or letting distraction get the better of them, despite the presence of children.

Common Injuries Resulting From Pedestrian Accidents

When a vehicle strikes a pedestrian, the results are often catastrophic. Without the protection of a car frame or safety equipment, pedestrians are highly vulnerable to severe and sometimes fatal injuries. Common pedestrian accident injuries include:

Bone Fractures

Broken bones are among the most frequently reported pedestrian accident injuries. Victims may suffer fractures in the legs, arms, ribs, or pelvis, often requiring surgery, physical therapy, and extended recovery time.

Traumatic Brain Injuries

A sudden impact to the head can cause concussions or severe brain damage, leading to long-term cognitive and emotional challenges. Even a “mild” TBI can have lasting effects on memory, focus, and mood.

Spinal Cord Damage

The force of a collision can damage the spinal cord, resulting in partial or complete paralysis. These life-altering injuries often require ongoing medical care and significant home or vehicle modifications.

Internal Organ Injuries:

Blunt force trauma may cause internal bleeding or damage to organs such as the liver, spleen, or kidneys—injuries that can be life-threatening without immediate medical treatment.

Wrongful Death

Tragically, many pedestrian accidents result in fatalities. Families of victims may pursue a wrongful death claim to seek justice and compensation for their devastating loss.

Regardless of the severity of the injury, pedestrian accident victims should consult with an experienced attorney as soon as possible. A knowledgeable injury lawyer can investigate the crash, identify liable parties, and help pursue full financial compensation for medical bills, lost wages, pain and suffering, and other damages.

Pedestrian Accident FAQ

Although pedestrians have the right of way, several important considerations should be kept in mind. Pedestrians have a duty to obey all traffic laws. Pedestrians must make reasonably careful observations of traffic conditions before stepping into the street. While you should use a crosswalk, pedestrians can recover damages even if they are not at a marked crossing when they are hit.

In the state of California, you can still bring a lawsuit against the motorist as long as the driver who hit you was also at fault. If it is determined that you were 20% at fault, for example, you would still be eligible to receive 80% of any settlement.

Get Compensated for Your Injuries

After a serious accident, victims often face overwhelming physical, emotional, and financial challenges. Medical bills pile up, work becomes impossible, and the road to recovery can feel endless. Unfortunately, insurance companies are not on your side. Their primary goal is to protect their bottom line—not to ensure you receive fair compensation. They may downplay your injuries, dispute liability, or pressure you into accepting a quick settlement that doesn’t come close to covering your true losses.

At Caputo & Van Der Walde, we stand up to powerful insurance companies and fight relentlessly for the justice our clients deserve. Our attorneys have a proven track record of holding negligent parties accountable and securing maximum compensation for accident victims. We don’t back down from complex or high-value claims, and we never settle for less than what your case is truly worth.

Depending on the facts of your case, you may be entitled to recover compensation for:

  1. Medical Expenses: Coverage for hospital stays, surgeries, medications, and any ongoing or future medical care related to your injuries.
  2. Lost Wages: Income lost while you’re unable to work during recovery.
  3. Lost Earning Capacity: Compensation for any long-term or permanent inability to return to your prior occupation or earning level.
  4. Rehabilitation and Physical Therapy: Costs associated with regaining mobility, strength, and independence.
  5. Pain and Suffering: Damages for the physical pain and emotional distress caused by the accident.
  6. Mental Anguish: Compensation for anxiety, depression, PTSD, or other psychological effects stemming from the trauma.
  7. Funeral Expenses: In cases involving fatal accidents, families may recover the costs of burial and funeral arrangements.
  8. Loss of Companionship: For surviving spouses and family members who have lost the love, guidance, and support of their loved one.
  9. Loss of Quality of Life: When injuries permanently limit your ability to enjoy daily activities or hobbies.
  10. Punitive Damages: In cases involving reckless or egregious conduct, additional damages may be awarded to punish the wrongdoer and deter future misconduct.

At Caputo & Van Der Walde, we approach every case with compassion and a determination to achieve the best possible outcome. We take the time to understand your story, calculate the full extent of your damages, and fight tirelessly to ensure that you receive every dollar you’re entitled to.

Recovering Compensation After a Hit-and-Run Pedestrian Accident

In the state of California, it is against the law to leave the scene of an accident. Under the California Vehicle Code, if an accident results in property damage, injury, or death, the motorist is required to stop. When a driver flees the scene of an accident, it is referred to as a hit-and-run incident. Law enforcement will do everything possible to apprehend the driver, but if they are unable to do so, victims may still be able to obtain financial compensation.

The uninsured motorist coverage section of your insurance policy may be able to compensate you for your losses. Our team will work closely with your insurance company to secure compensation for both your financial and non-financial losses.

Caputo & Van Der Walde Logo

Contact Our Experienced Pedestrian Accident Attorneys

If you or a loved one has been injured in an accident, don’t wait to get the legal help you need. The sooner you speak with an attorney, the better your chances of protecting your rights and securing the compensation you deserve.

At Caputo & Van Der Walde, our experienced personal injury lawyers are ready to listen to your story, answer your questions, and explain your legal options in clear, straightforward terms. We know how overwhelming life can feel after a serious injury, and we’re here to help guide you every step of the way.

Your consultation is completely free, and you owe us nothing unless we recover compensation for you. Let us handle the insurance companies and legal details while you focus on healing and moving forward with your life.

" Paul and his entire team are professional in every way. They were able to settle this case to our satisfaction without the extra expense of going to court. "
Earl S.
Paul Van Der Walde and Paul Caputo personal injury lawyers
Paul Caputo and Paul Van Der Walde

As members of the Multi-Million Dollar Advocates Forum® and the Million Dollar Advocates Forum®, we have proven our ability to negotiate and litigate on behalf of our clients successfully. Retain us to put our tactical strategies to work for you. These skills are what make our legal team such a formidable opponent in any courtroom or negotiation setting.

Caputo & Van Der Walde Logo

Contact Us

Send us a message today for a free consultation with an experienced personal injury attorney.
Contact Form - Footer

Office Locations

$ 900000

Wrongful Death

$ 8825000

Motor Vehicle Accident

$ 841000

Personal Injury

$ 750000

Motor Vehicle Accident

$ 7411492

Motor Vehicle Accident

$ 7291986

Personal Injury
Legal Disclaimer