How Caputo & Van Der Walde Can Help You
Have you been injured as a pedestrian at the hands of a negligent party? We’re here to help you secure the compensation you need to get treatment and move forward with your life. At Caputo & Van Der Walde, our pedestrian accident attorneys 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:
- Accurately and completely filing your claim before the statute of limitations expires
- Conducting a prompt investigation of the circumstances around the accident
- Gathering material evidence and witness testimony that supports your claim
- Negotiating a full and fair settlement or fighting aggressively for adequate compensation at trial.
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 preventing pedestrian accidents.
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. Additionally, higher-speed collisions are much more damaging to pedestrians.
- 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.
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 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.
Depending on the case, victims may be able to recover damages for:
- Medical expenses
- Lost wages
- Lost earning capacity
- Rehabilitation and physical therapy
- Pain and suffering
- Mental anguish
- Funeral expenses
- Loss of companionship
- Loss of quality of life
- Punitive 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.
Here are some of our past victories in pedestrian accident claims:
- $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
Pedestrian Accident FAQ
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.
Caputo & Van Der Walde LLP Will Stand Strong For You
Our San Jose team at Caputo & Van Der Walde may be able to help you recover a better settlement than the initial offer from the insurance company. It costs you absolutely nothing to hire a lawyer from our firm: We only get paid if we win your case, so you can rest assured we are working in your best interests. Contact us today to learn more about our work and how we can start your settlement.