An Experienced Pedestrian Accident Lawyer — San Jose, CA

Were You Seriously Injured in a Pedestrian Accident in San Jose?

San Jose is known as being a hub for innovation and talent, attracting new residents and visitors looking for a glimpse into the world’s biggest tech companies. However, due to a large number of commuters and other motor vehicles on the road, the city’s streets can be a dangerous place for pedestrians taking advantage of the city’s mild climate and flat terrain.

If you or a loved one has been injured in a pedestrian accident in San Jose, CA we can help you recover financial compensation from the at-fault party. We are a personal injury law firm specializing in motor vehicle accidents, and we have extensive knowledge of California’s pedestrian and driver laws. We have connections with the top medical providers in the Bay Area to get you the help you need.

Our team at The Law Offices of Daniel Kim is available 24/7 to speak with you about your case. Call our San Jose pedestrian accident attorney at (408) 882-1681 or fill out a quick online form. We represent pedestrian accident victims in San Jose and throughout Santa Clara County including Sunnyvale, Santa Clara, Mountain View, Milpitas, Cupertino, Palo Alto, Gilroy, Morgan Hill, Los Gatos, Campbell, Saratoga, Los Altos, Los Altos Hills, Monte Sereno, Willow Glen, Rose Garden, Almaden Valley, Evergreen, Cambrian Park, Blossom Valley, Downtown San Jose, Japantown, West San Jose, and Berryessa.

No Win. No Fee. Guaranteed.

Everyone should have access to legal services, regardless of their economic status. This is why our law firm operates on a contingency fee basis. If you hire us, you are only responsible for paying legal fees until we win a settlement for you. This allows us to provide you with excellent legal representation at no upfront cost.

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Why Hire Daniel Kim as Your San Jose Pedestrian Accident Lawyer?

Since opening his own personal injury practice, Daniel Kim has helped countless injured victims regain their peace of mind and well-being after serious pedestrian accidents. Daniel treats every client like family – not just another case number. He was awarded the prestigious Platinum Client Champion by Martindale-Hubbell and he holds the AV Preeminent Rating, the highest rating for an attorney.

Daniel and his legal team maintain a 99% success rate and have helped injured victims recover over $250 million in settlements. We are a plaintiff’s law firm and we have never represented the insurance companies. We are tough negotiators and will take your case to court if a fair settlement can’t be reached.

We offer a free consultation to get started. Our compassionate and dedicated team is ready to speak with you about your accident. We have English, Spanish, and Korean-speaking team members available.

What Should You Do After a Pedestrian Accident?

A serious pedestrian collision is a jolting and shocking experience. You should always seek immediate medical attention, even if your injuries seem minor. If you were not seriously injured or incapacitated, follow these steps after an accident.

• Move to a safe location and out of harm’s way.
• Call the San Jose police and obtain a copy of the police report.
• Take a photo or write down the other driver’s license information, license plate number, and insurance company information.
• Document all of the details of the crash by taking photos of your injuries, the location of the accident, and any traffic signs.
• Speak to eyewitnesses and get their contact information.
• Contact a San Jose pedestrian accident attorney. Most pedestrian accident attorneys offer a free consultation and do not charge out-of-pocket legal fees.

Is It Worth Getting a Pedestrian Accident Lawyer?

If you have sustained injuries in a serious pedestrian accident due to the negligence of a vehicle driver, you have the legal right to seek compensation. A personal injury claim can recover past and future losses related to your accident, such as medical bills, lost income, and property damage. An experienced pedestrian accident lawyer will know exactly what losses to pursue and who to negotiate with.

A lawyer will help you get the most out of your claim, whereas an insurance company will want to settle for as little as possible. Insurance companies use various questionable tactics to avoid a large payout, but a lawyer will be aware of this and prevent you from being taken advantage of.

It’s important to hire a pedestrian accident lawyer as soon as you can. Under California’s statute of limitations, a pedestrian accident victim has two years from their accident date to file a personal injury claim. Contact a San Jose pedestrian accident attorney to get your case started before the deadline.

What Can I Expect From a Pedestrian Accident Claim?

By filing a personal injury claim, injured victims can seek compensation for their injuries and other damages associated with the accident. Since every claim is unique, it’s hard to give an exact monetary value until a lawyer has thoroughly examined the details. Generally, accident victims can recover two types of losses, known as damages, in a claim: economic and non-economic damages.

Economic damages represent monetary losses, and must be properly documented with bills, receipts, or other valid documents. They can include:

• Past and future medical expenses, including hospital bills and long-term medical care
• Lost wages
• Loss of earning capacity
• Loss of benefits
• Personal property damage

Non-economic damages are intangible losses and do not have an exact dollar amount. They can include:

• Pain and suffering
• Emotional distress and mental anguish
• Loss of enjoyment of life
• Loss of consortium
• Long-term disability
• Scarring or disfigurement

What Are the Main Causes of Pedestrian Accidents?

According to the San Jose Police Department, San Jose has been historically dangerous for auto-pedestrian fatal collisions. They identified these key factors in pedestrian traffic fatalities:

• Jaywalking or not crossing at controlled intersections
• Distracted pedestrians
• Poor visibility – dark, non-reflective clothing at night
• Alcohol or drug influence
• Pedestrians crossing in non-residential, multi-lane roadways

There are also many instances where negligent motorists and poor road maintenance causes serious pedestrian accidents and devastating injuries. All drivers have a legal duty to operate their vehicle in a safe manner and watch out for people crossing the street. Below are some common causes of pedestrian accident caused by a negligent or careless driver:

• Failure to yield or give right of way
• Distracted driving
• Driving under the influence
• Illegal turns
• Reckless driving
• Speeding
• Failure to obey traffic lights or traffic signals
• Poor road maintenance, including unmarked crosswalks

Our San Jose pedestrian accident lawyer has years of experience representing victims of these types of accidents. We can help you identify the cause of the accident and who is at fault. If the driver is found at fault, we will hold them accountable and get the compensation you deserve.

Are Pedestrians Ever At Fault?

After an accident, the question of fault immediately comes to mind.  The insurance company will try to identify liability as quickly as possible, but you should be very careful when speaking with insurance adjusters without a lawyer present.

In San Jose pedestrian accident cases, you must prove the other driver was negligent and caused the accident. In order to prove negligence, you must show the following elements:

• The other driver had a duty to operate their vehicle in a safe manner.
• The driver breached this duty.
• The driver’s careless actions caused the accident.
• The accident directly caused monetary losses and injuries.

Under California’s comparative negligence law, you can still recover damages if you were partly at fault for the accident. Let’s say you were crossing the street outside of a marked crosswalk and a car hit you, but the car was going over the speed limit. In this case, both parties would be responsible for the accident. Keep in mind that your claim will be adjusted according to your fault. If you were found 30% at fault, you would be able to recover 70% in damages.

The Law Offices of Daniel Kim is skilled in the area of accident liability. We can help you receive the most out of your claim. Call us at (408) 882-1681 to begin the claims process.

What Are the Most Common Pedestrian Accident Injuries?

Out of all traffic accidents, pedestrian accidents typically lead to the most serious injuries. When a 4,000-pound car collides into a pedestrian, the results are severe and sometimes fatal.

Our San Jose pedestrian injury lawyer has been successful in recovering financial compensation for the following common pedestrian accident injuries:

• Neck and back injuries
• Lacerations, abrasions, sprains, and dislocations
• Broken bones
• Internal injuries
• Spinal cord injuries
• Traumatic brain injury (TBI)
• Amputations

A serious injury can take a major toll on your life. Our experienced legal team has connections with the top Bay Area medical providers to help you fully heal and recover. We care about your health and well-being.

San Jose Pedestrian Accident Statistics

2022 was one of the deadliest years on record in San Jose. The city recorded over 60 traffic fatalities, breaking the record from the year before. Of those fatalities, 32 were pedestrians. Many pedestrian accidents occur in the downtown historic district, as well as East and Central San Jose, according to city data. Below are some of San Jose’s most dangerous roads and intersections for pedestrians:

Dangerous Roads and Intersections

• Mclaughlin Ave. and Story Rd.
• Almaden Expwy and Blossom Hill Rd.
• 6th St. and Taylor St.
• Monterey Rd.
• White Rd.
• Tully Rd.
• Jackson Ave.
• Senter Rd.
• Interstate 280 from Meridian Ave. to Wilshire Blvd.
• Capitol Expwy
• US Hwy 101
• SR 17
• I-280

Contact The Law Offices of Daniel Kim Today

If a negligent driver caused you to suffer injuries, our pedestrian injury attorney will fight for justice for you and your family. Our San Jose personal injury lawyer has the expertise and experience to protect your rights and get the compensation you deserve. Contact The Law Offices of Daniel Kim at (408) 882-1681 for your free case evaluation and to learn more about the best course of action for your claim.

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Directions to Our Office in San Jose

Car Accident Lawyer Daniel Kim — San Jose, CA
Address: 300 S 1st St #311, San Jose, CA 95113
Phone: (408) 882-1681