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Pedestrian Accidents

San Jose Pedestrian Accident Attorney

Pedestrian Accident Claims in California

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.

woman waiting to cross the street at a crosswalk

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!

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Common Pedestrian Accident Injuries

Common injuries sustained in a pedestrian accident include:

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

A pedestrian accident, also known as a pedestrian-vehicle accident, is a type of traffic collision that occurs when a motor vehicle collides with a pedestrian, someone who is walking or otherwise not inside a vehicle. These accidents can result in various degrees of injury or even death for the pedestrian involved. 

Here are some common causes of pedestrian accidents involving motor vehicles:

  • Distracted Driving: One of the leading causes of pedestrian accidents is drivers who are distracted by activities such as texting, using a smartphone, eating, or adjusting the car's controls while driving. Inattention to the road can lead to accidents.
  • Speeding: Driving at excessive speeds reduces a driver's reaction time and increases the severity of pedestrian accidents. It is harder for drivers to stop or swerve to avoid a pedestrian at high speeds.
  • Failure to Yield the Right of Way: Drivers may fail to yield to pedestrians at crosswalks, intersections, or when turning, leading to collisions. Pedestrians usually have the right of way in designated crosswalks.
  • Impaired Driving: Driving under the influence of alcohol or drugs significantly impairs a driver's ability to react to pedestrians and follow traffic rules, often resulting in accidents.
  • Reckless Driving: Aggressive driving behaviors, such as running red lights, making sudden lane changes, or disregarding traffic signals, can put pedestrians at risk.
  • Poor Visibility: Low visibility conditions, such as fog, rain, or darkness, can make it difficult for drivers to see pedestrians, increasing the likelihood of accidents.
  • Failure to Stop for School Buses: Drivers who ignore school bus stop signs and flashing lights can endanger children getting on or off the bus.
  • Jaywalking: Pedestrians who cross roads in unauthorized or dangerous locations, rather than at designated crosswalks or intersections, can put themselves at risk.
  • Left or Right Turns: Many pedestrian accidents occur when drivers fail to check for pedestrians when making left or right turns at intersections.
  • Backing Up: Drivers in parking lots and driveways may not see pedestrians behind their vehicles while backing up.
  • Poor Road Conditions: Slippery or poorly maintained road surfaces, as well as obstructions like snow or debris, can cause both drivers and pedestrians to lose control and contribute to accidents.
  • Blind Spots: Large vehicles, such as trucks and buses, often have significant blind spots that can obscure pedestrians from the driver's view.

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.

Here are some others situations in which a pedestrian may be considered at fault in an accident:

  • Ignoring Traffic Signals: Pedestrians must obey traffic signals and crosswalk signals. If a pedestrian crosses the road against a red "Don't Walk" signal or during a red traffic light, they can be deemed at fault.
  • Crossing Outside Crosswalks and Intersections: Crossing a road outside a marked crosswalk or intersection when one is available and safe to use can result in the pedestrian being at fault if an accident occurs.
  • Entering the Roadway Unsafely: Pedestrians are expected to enter the roadway in a safe and cautious manner, yielding to oncoming traffic when necessary. If a pedestrian steps into the path of a vehicle without giving the driver adequate time to react, they may be considered at fault.
  • Darting into Traffic: Pedestrians who suddenly and unexpectedly dart into the path of a vehicle, giving the driver no reasonable time to stop or avoid a collision, may be at fault.
  • Intoxication: If a pedestrian is under the influence of alcohol or drugs and their impairment contributes to the accident, they may be considered at fault.
  • Trespassing on Highways: Walking on highways or freeways where pedestrians are not allowed is illegal and can result in pedestrians being at fault if they are involved in an accident.
  • Reckless Behavior: Engaging in reckless behavior, such as deliberately running into traffic or playing games on the road, can contribute to an accident for which the pedestrian may be held at fault.

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!


Hear It From Our CLients.

Testimonials

  • "We are extremely happy with the seamless experience that they provided. All in all, you'd wish you never have to run into any injury situations but if you do then Habbas law firm is the place to go."
    Neil T.
  • "She made the whole process smooth and simple. She fought to get me what I deserved when a drunk driver crashed into me. I will recommend her and the team at Habbas and Associates to everyone I know!"
    Grace T.
  • "My case was settled at mediation for approximately $950,000.00 within a short time after a lawsuit was filed. I can't say enough about how much Mr. Habbas and his firm care about their clients. I will always refer anyone I know to them."
    Roberta S.
  • "I’m so glad I found this law firm and extremely happy with the results. Very highly recommended them to family and friends. If you or a loved one needs help, don’t hesitate to call them!"
    AJ B.
  • "Mr. Habbas and his staff are efficient, helpful, responsive and caring. They make you feel at ease. They explain the process and they keep you up to date. There is no one else I would prefer to have in my corner to protect me."
    Dr. S.E.

Call a San Jose Pedestrian Accident Lawyer Today!

With over 200 years of experience helping injury victims, Habbas & Associates is well-equipped to help you with your injury claim. Young children and elderly people are at the greatest risk for pedestrian accidents, and 4,000 elder Americans were injured in pedestrian accidents last year alone. You can't afford to be without a strong legal advocate during this difficult time in your life, and our firm is waiting to provide you with the exceptional representation you deserve.


Give us a call at (888) 387-4053 or fill out our contact form for a free consultation today!


 

They do everything possible to help you get through tough times.
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