Pedestrians struck by vehicles in San Jose suffer catastrophic injuries — broken bones, traumatic brain injuries, spinal cord damage — because there is no protection between a human body and a moving vehicle. California law gives pedestrians strong rights at crosswalks, intersections, and on sidewalks. If you or a family member was struck by a vehicle in San Jose, call us. Pedestrian accident cases often result in significant settlements because the injuries are severe and liability is clear.
California Vehicle Code § 21950 gives pedestrians the right of way in all marked crosswalks and at all intersections — whether or not a crosswalk is painted. Drivers must also yield to pedestrians already in an intersection when the driver is turning. These are not suggestions — they are traffic laws, and violations establish liability for injuries they cause. San Jose has dozens of high-risk crosswalk locations where these laws are routinely violated.
Story Road between King and McLaughlin. Monterey Road through South San Jose. The Alameda near Santa Clara University. Santa Clara Street downtown near the transit mall. Capitol Expressway crossings. Wide arterials, long signal cycles and limited lighting make these the locations that recur in our San Jose pedestrian caseload.
When a vehicle strikes a person on foot, the driver is almost always at fault — and the insurer almost always argues otherwise. The first move is usually to claim the pedestrian stepped out suddenly, crossed outside a marked crosswalk, or was distracted by a phone. That narrative is built before anyone has pulled signal data or canvassed for witnesses.
A pedestrian accident lawyer in San Jose understands that California law starts from a different place than the adjuster does. Under Cal. Vehicle Code § 21950, drivers must yield to pedestrians in marked and unmarked crosswalks, and under § 21950(c) a driver must exercise due care for pedestrian safety at all times regardless of where the person is walking. Even a pedestrian assigned partial fault recovers under California's pure comparative fault rule, Civil Code § 1714.
Crosswalk strikes by turning drivers are the most frequent serious case we see. A driver turning right or left watches for cross traffic and never looks down the crosswalk. The pedestrian has the signal and the right of way, and the driver's insurer still opens with a comparative fault argument.
Unmarked crosswalk collisions catch people by surprise. Every intersection has a legal crosswalk whether it is painted or not. Drivers and insurers routinely treat an unpainted crossing as jaywalking, which is simply wrong under Cal. Vehicle Code § 21950.
Backing and parking lot strikes occur at shopping centers, garages and school pickup zones. Low speed does not mean low injury — hip and pelvic fractures in older pedestrians are common and frequently life-altering. Surveillance footage exists but is overwritten fast.
Night and low-visibility collisions concentrate on arterials with long gaps between lit crossings. The defense theme is always that the pedestrian was invisible. Lighting studies, roadway design records and headlight sightline analysis answer that argument with measurement rather than opinion.
Dangerous roadway condition claims arise when a missing signal, a burned-out streetlight, an obstructed sightline or a poorly designed crossing contributed. If the City of San Jose, the County or Caltrans is responsible, a government tort claim must be filed within six months under Cal. Gov. Code § 911.2.
Pedestrian evidence vanishes on a short clock. Traffic signal controller data is overwritten. Business and residential camera footage cycles within days. Debris fields and shoe scuff marks are cleared by the next street sweep. Witnesses who stopped at the scene are strangers who leave no contact information unless someone collects it immediately.
When you call, we move at once. We issue preservation letters to the City of San Jose and to every business with a camera pointed at the intersection. We request signal phase and timing data. We canvass for witnesses while the event is fresh. We photograph sightlines, lighting and crossing distances under the same conditions as the collision, and reconstruction analysis is used when the driver disputes speed or position.
Pedestrian injuries are typically severe because there is nothing between the person and the vehicle. Multiple fractures, internal injuries and traumatic brain injury are routine, and future care costs frequently exceed the immediate hospital bill. Life care planning, not the emergency room invoice, drives value in a serious case.
As your pedestrian accident lawyer in San Jose, we do not quote a figure before reviewing your imaging, records and wage documentation. We do show comparable Santa Clara County pedestrian outcomes at your free consultation so you can see the gap between an opening offer and a documented claim.
California's statute of limitations for personal injury is two years from the date of injury under Cal. Code Civ. Proc. § 335.1. If a government entity — the City of San Jose, Santa Clara County, or Caltrans — bears any responsibility, the deadline shrinks to six months for filing a government tort claim under Cal. Gov. Code § 911.2. Missing either deadline ends your case permanently, regardless of how strong your evidence is.
Do not wait. Evidence preservation, medical documentation, and case filing all happen faster with representation. The free consultation costs you nothing. Call us today.
No confusion. No pressure. Here is exactly what to expect when you contact us.
We review your accident and injuries at no cost. You get an honest assessment of your claim's value — no obligations.
We handle all insurance communications, issue evidence preservation letters, and begin building your claim immediately.
We know what pedestrian accident cases in Santa Clara County are worth. We reject lowball offers and document your full damages.
Our fee comes from your settlement only — never out of pocket. If we do not win, you owe us nothing.
Pedestrian accidents cause serious injuries. Call us before the insurance company does.
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