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.
Have you been injured as a pedestrian at the hands of a negligent party? Weāre here to help you secure the compensation you need to get treatment and move forward with your life. AtĀ Caputo & Van Der Walde, ourĀ San Jose pedestrian accident attorneysĀ can help you navigate the complex maze of legalities and negotiate a much higher settlement than you might be able to obtain for yourself.
We can make your life easier by:
All pedestrians can lower their risk of getting involved in a collision with a motor vehicle by following the laws of the road and engaging in safe and reasonable behavior. However, motorists also share responsibility for preventing pedestrian accidents. The most common ways in which negligent motorists injure or kill pedestrians include:
Victims of pedestrian accidents commonly sustain injuries such as:
Whatever the injury, pedestrian accident victims should seek legal counsel to determine whether they are entitled to financial compensation.
The law places a greater duty of care on adults when it comes to the safety and protection of children. It recognizes children can be unpredictable, and someone operating a motor vehicle must be able to anticipate this impulsiveness and be especially cautious when driving wherever children are present.
The very fact that children are present is a warning to drivers to slow down and take extra care. 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.
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, this is called aĀ hit and run. 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.
TheĀ uninsured motorist coverageĀ section of your insurance policy may be able to compensate you for your losses. Our team will work with your insurance company to obtain compensation for both your financial and non-financial damages.
However, insurance companies are not going to generously offer to make up for all your losses. They are in business to collect premiums and pay out as little as possible. They do not have your best interests in mind. At Caputo & Van Der Walde, we will fight aggressively for your rights. Our clients receive maximum compensation for their injuries because we will not settle for less than you deserve. Depending on the case, victims may be able to recover damages for:
Even though pedestrians have the right of way, there are some important things to remember. 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 if at all possible, 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 that 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.
As members of the Multi-Million Dollar Advocates ForumĀ® and the Million Dollar Advocates ForumĀ®, 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.