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Experience On Your Side

San Jose Pedestrian Accident Lawyers

Get Started with a Free Case Evaluation

Have you been injured as a pedestrian at the hands of a negligent party? At Caputo & Van Der Walde, our pedestrian accident attorneys can help you fight for a favorable outcome. We can help you navigate the complex maze of legalities and negotiate a much higher settlement than you would be able to obtain for yourself.

Our attorneys can help you by:

  • Accurately filing your claim before the statute of limitations expires
  • Conducting a prompt investigation of the circumstances detailing the accident
  • Fathering material evidence and witness testimony that supports your claim
  • Negotiating a full and fair settlement or fighting aggressively for it in trial

Give us a call today at (800) 900-0863 to discuss your case with our San Jose pedestrian accident lawyers.

Pedestrian Accident Case Victories

  • $8,825,000: Bus vs. pedestrian accident resulting in brain injury
  • $1,475,000: Auto vs. pedestrian accident involving leg crush injury
  • $1,000,000: Auto vs. pedestrian case resulting in brain injury

Get Compensated for Your Injuries

Victims of pedestrian accidents commonly sustain injuries such as:

Whatever the injury may be, pedestrian accident victims should seek legal counsel to determine whether they are entitled to financial compensation.

Depending on the case, victims may recover damages for:

  • Medical expenses
  • Lost wages
  • Future lost wages
  • Rehabilitation
  • Pain and suffering
  • Mental anguish
  • Funeral expenses
  • Loss of companionship
  • Loss of quality of life
  • Punitive damages

Insurance companies 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.

What if I was partially at fault for the accident?

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.

What is my duty as a pedestrian?

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. You should always use crosswalks, but even if you are not in a crosswalk, you will still be able to recover damages for any injuries that a motorist may cause.

Common Causes of Pedestrian Accidents

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 keeping them safe.

The most common ways in which negligent motorists injure or kill pedestrians include:

  • Speeding: At high speeds, motorists have less time to react to their surroundings and a higher chance to lose control of their vehicles.
  • Distracted driving: Behaviors such as eating, putting on makeup, texting, and talking should not be performed while driving. Any reduction in focus can have disastrous results. For example, a motorist may not realize there's a stop sign coming up because he or she is preoccupied with a text.
  • Drunk driving: The effects of alcohol on the brain are not compatible with such a potentially dangerous activity like driving.

Pedestrian Accidents Involving Children

The law places a greater duty of care on adults when it comes to the safety and protection of children. The law recognizes that 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 in itself a warning to drivers of motor vehicles that a high degree of caution must be exercised. The court can and does hold these negligent drivers responsible for the damages they cause in these cases.

Hit & Run Pedestrian Accidents

In the state of California, pedestrians have the right of way and 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 a 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.

The uninsured motorist coverage 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.

Call Caputo & Van Der Walde at (800) 900-0863

Our San Jose pedestrian accident attorneys at Caputo & Van Der Walde may be able to help you recover a settlement that can cover your damages. It costs you absolutely nothing to hire a lawyer from our firm; we get paid only if we win your case, so you have nothing to lose by getting started. Contact us today to learn more.

Call (800) 900-0863 for a complimentary case evaluation.

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  • “Paul was smart and persistent, and we beat a very powerful adversary and he got me the maximum claim.”

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We Can Make the Difference in Your Case
  • Over 85 Years of Legal Experience
  • Tens of Millions of Dollars Recovered
  • Legal Services Available in Spanish
  • All Initial Case Reviews Are Free of Charge
  • You Do Not Pay Unless We Win Your Case
  • Perfect 10/10 Superb Rating on Avvo
  • Included in Multi-Million Dollar Advocates Forum