Pedestrian Car Accident Lawyers in San Jose
Walking is a great form of exercise while also benefiting the environment. The mild climate and the terrain of San Jose make it an ideal place for people to choose to walk. Unfortunately, many pedestrians suffer severe injuries or fatalities each year in the city as well as throughout California. Pedestrians do not have anything to protect them when they are struck by vehicles, and their bodies absorb the forces of the accidents. This makes them much likelier to suffer catastrophic injuries or to be killed when they are involved in accidents.
Understanding the common causes of San Jose pedestrian accidents may help drivers and pedestrians to minimize their risks. If pedestrians are injured or killed in accidents, it is important for the victims and the families of the pedestrians who are killed to understand their potential rights. An experienced San Jose personal injury attorney may help his or her clients with recovering the maximum possible monetary compensation to make them financially whole.
What Is A Pedestrian Accident?
A pedestrian accident occurs when a motor vehicle strikes a person who is walking. These accidents may happen at intersections, in crosswalks, at mid-block or on sidewalks. Some particularly devastating pedestrian accidents happen to children in residential areas and school zones. Under California law, motorists are supposed to yield to pedestrians because of their unique vulnerability wherever they might be encountered.
Common causes of San Jose pedestrian accidents
There are several common causes of San Jose pedestrian accidents, including the following:
- Driver Intention
- Distracted Driving
- Driver or pedestrian impairment
- Failing to yield to pedestrians in crosswalks
- Failing to obey traffic control signals
- Driving too fast for traffic or weather conditions
- Turning without signaling
Pedestrian-related causes of accidents include crossing roads at mid-block instead of at marked crosswalks or intersections. Pedestrians may also be struck at night because of visibility problems, making it important for people who are walking to wear bright, reflective clothing.
Common types of personal injuries that can happen in pedestrian accidents
The types of personal injuries that may be suffered in pedestrian accidents may vary, but there are some injuries that are the most common. The most frequent types of injuries include the following:
- Injuries to the lower extremities
- Head, face and neck injuries
- Injuries to the upper extremities
- Pelvic injuries
- Thoracic injuries
- Spinal cord injuries
Pedestrians who are the likeliest to be injured include children and the elderly, although all age groups are represented.
Most common types of pedestrian accidents
Some of the most common pedestrian accident scenarios include intersection accidents, back-over accidents, hit-and-run accidents, crushing accidents and mid-block collisions. Intersections are especially precarious for pedestrians because many drivers may be distracted or inattentive and may fail to see pedestrians when the drivers are turning. Back-over accidents are often very tragic because they often involve children. These types of pedestrian accidents may also happen in parking lots and in other areas with a number of parked cars or concrete structures that obstruct the views of the drivers. Crushing accidents may happen when pedestrians are caught between vehicles in rear-end accidents. These types of incidents carry a high risk of fatality. Mid-block collisions happen when pedestrians attempt to cross streets or highways in the middle of a block instead of at an intersection or crosswalk. These are often deadly because the vehicles may be traveling at higher rates of speed than they are at intersections and crosswalks.
Potential damages in pedestrian accidents
The damages that injured pedestrians or families might expect to receive in pedestrian accident claims will depend on the circumstances, the extent of the injuries and losses and whether there was a fatality. An experienced personal injury lawyer may assess what happened and value a client’s claim so that the client understands what he or she might expect. The recoverable damages may include the following:
- Past and future medical costs
- Past and future income losses
- Losses of the ability to enjoy life
- Pain and suffering
- Scarring and permanent disfigurement
- For spouses and children, losses of consortium or guidance
When a victim is killed, the family members who have standing to sue may be able to recover reasonable burial and funeral expenses. The medical costs that are recoverable in a wrongful death claim are those that were incurred in treating the victim up and until he or she succumbed.
Why Getting Help From A San Jose Personal Injury Attorney Is Important
Plaintiffs in pedestrian accident cases will have the burden of proving their claims. An experienced personal injury attorney may identify all of the potential claims that a client has as well as the potential recovery sources. The lawyer may be able to build a strong case that proves the liability of the negligent motorist. This may make it likelier that a victim will be successful in his her case. Contact an experienced San Jose personal injury lawyer today to learn more about your potential rights.