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FAQs about Pedestrian Accidents

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This page is meant to answer some of the most frequently asked questions about pedestrian accident cases. If you have a question that is not answered below, simply call Caputo & Van Der Walde LLP today!

Q: If my child is injured or killed by a motor vehicle while walking as a pedestrian, what are our legal rights?

A: 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 where 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 should hold these negligent drivers responsible for the damages they cause.

Q: If I am injured by a motor vehicle or a loved one is injured or killed as a pedestrian, can I file a lawsuit against the motorist?

A: You can absolutely file a lawsuit as long as you can establish that the vehicle driver is at least partially at fault for the accident.

Q: What if the motorist who caused the pedestrian accident does not have enough insurance coverage?

A: In this case, you will be able to recover damages under your own uninsured / underinsured motorist policy.

Q: What is my duty as a pedestrian?

A: 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.

Q: What if I am partially at fault for the accident?

A: 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, you would receive 80% of any settlement.

Q: Why do I need a San Jose pedestrian accident lawyer?

A: This is a very complex area of law because there will always be some question of comparative fault. A skilled San Jose pedestrian accident attorney can navigate the complex maze of legalities and obtain a much higher settlement than you would be able to obtain for yourself.

Insurance companies are in the business to collect premiums and pay out as little as possible in settlements. They do not have your best interests in mind. Our legal team at Caputo & Van Der Walde LLP will aggressively fight for your rights. Our clients receive maximum compensation for their injuries because we will not settle for less than you deserve.

Q: What damages are recoverable in pedestrian accident cases?

A: Depending on the extent of the injuries (or death) you may be entitled to 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 (punishment against the motorist)

Q: How much does it cost to retain an attorney?

A: It costs you absolutely nothing. We get paid when we win your case; we get a portion of the settlement as our fee.

Call our San Jose pedestrian accident lawyers today for a free case evaluation. Contact us at (800) 900-0863.

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