San Jose Pedestrian Accident Attorney

A report by the National Highway Transportation Safety Administration estimates that a pedestrian is killed in a traffic accident every 113 minutes and injured in one every eight minutes. Crossing the street and utilizing sidewalks is a routine part of our daily lives, and we never expect that we might suffer serious, life-changing injuries as a result of this daily habit. Pedestrian accidents kill or injure around 75,000 Americans every year, and it is important for victims to hold the responsible parties accountable for their actions.

A pedestrian accident attorney in San Jose from our firm has the legal expertise and experience to help you and your family seek compensation after a serious pedestrian accident has occurred. With our assistance, you may be able to recover financial compensation for your medical expenses, lost wages and much more.

If you were hit by a car while crossing the street, or hit in a parking lot, you may be eligible to receive compensation for your injuries. Contact Habbas & Associates today to discuss your claim in a free consultation!

On This Page:

• Common Pedestrian Injuries
• Common Causes of Pedestrian Accidents
• Can a Pedestrian Ever Be At Fault?
• Average Pedestrian Accident Settlements
• Hire An Attorney Today

Common Pedestrian Accident Injuries

Common injuries sustained in a pedestrian accident include:

• Broken bones
• Spinal cord injuries
• Head injuries
• Back injuries

Our firm understands the devastating nature of this accident, and we will fight for your right to the compensation you deserve. We will help you identify the cause of your injuries, and then assist you with the entire process of seeking compensation. If you are suffering continuous pain, we may be able to seek compensation for future medical bills as well.

Common Causes of Pedestrian Accidents

There are a number of different forms of negligence that can lead to pedestrian accidents. Some of the top causes include:

• Driving while distracted
• Driving while intoxicatedor under the influence of drugs
• Speeding
• Failing to yield right of way at a crosswalk
• Ignoring traffic signals or signs
• Driving too fast for weather conditions

Each of these forms of negligence can easily be prevented when drivers take getting behind the wheel more seriously. Every pedestrian accident can be prevented, so if you have been injured by a driver doing any of the above, you most likely have grounds for an injury claim.

Is a Pedestrian Ever At Fault?

While in most pedestrian accident cases the driver is typically found to be at fault, that doesn't mean that the pedestrian can never be responsible for their own injuries. For example, if a pedestrian was jaywalking at the time of the accident and this resulted in the driver being unable to see them soon enough to stop, the pedestrian's settlement may be reduced by the percentage of fault that they shared in the accident. (This is where California's comparative negligence laws come into play.)

However, even if a pedestrian had some fault in the accident, as long as they are less than 51% responsible for the accident, they can still recover some compensation for their injuries.

What Is the Average Pedestrian Accident Settlement Amount?

In a pedestrian accident lawsuit, your attorney will help you to calculate a fair settlement amount based on several factors including:

• The seriousness of your injuries and any medical bills incurred
• Any missed work or lost income
• Any impact on your future earning ability
• Pain and suffering you experienced as a result of your injuries
• Punitive damages if the at-fault driver was demonstrating particularly serious negligence at the time of the accident

Unsure what your case may be worth and whether or not you should hire a lawyer? Reach out to our injury lawyer in a free consultation today!