What Is the Role of a San Jose Pedestrian Accident Lawyer?
Venardi Zurada provides comprehensive legal services, from investigating and collecting evidence to negotiating with insurance companies, to help clients pursue the full compensation they deserve. Our firm has extensive experience handling a wide range of pedestrian accident cases, from those involving moderate injuries to wrongful death.
When you partner with us, you receive client-centered representation from an experienced legal team deeply involved in the Bay Area community, with offices in Oakland and Walnut Creek. We have recovered millions for injured Californians with a reputation for handling complex cases while treating clients like family. Our firm was founded by attorneys Mark Venardi and Martin Zurada, both respected trial lawyers with long records of litigating against Fortune 500 companies.
"I definitely recommend Venardi Zurada"
Awesome and professional team that guides you with any troubles. Also bilingual!! I definitely recommend Venardi Zurada law firm. Thank you for your hard work.
Darleen A.
"They were very kind"
I am so grateful for everything that my lawyer, Terry Buller, and paralegal Christina Souza did to settle my personal injury case after I was hit by a car in a crosswalk. They were very kind during a time of great pain and distress. They were so organized and efficient and managed everything with the other party’s insurance, my medical insurance and Medicare – which would have been a nightmare for me to have to deal with after the accident. I am very pleased with the settlement they obtained and would very highly recommend them and the others at Venardi Zurada, LLP.
Daryl G.
"Second-to-None Care and Expertise"
I was fortunate to be referred to Terry by a mutual friend. My dad was hit by a car, and Terry (along with Christina) was able to guide us through the entire process from start to finish. I would definitely highly recommend this company if you ever experience an unfortunate bodily injury accident. Their attention to detail is second to none!
Val G.
"Trusted, Expert Representation in the Bay"
Tanya and the team at Venardi Zurada are the best in the Bay Area! If you’ve been in an accident, call Tanya and the team at VZ. You won’t regret it. Best in the Bay! Best accident attorneys in the Bay Area.
Cristal P.
Common Injuries Following a Pedestrian Accident in San Jose
In 2023, accidents injured more than 68,000 pedestrians across the United States. When drivers negligently strike an unsuspecting pedestrian, a wide range of injuries may result, ranging from minor to debilitating. Some of the most common injuries from pedestrian accidents include the following:
- Broken bones
- Head trauma, including concussions and traumatic brain injuries, or TBIs
- Back trauma and spinal cord injuries
- Internal injuries, such as organ damage or internal bleeding
- Soft tissue damage, such as sprains, strains, and tears
- Lacerations and deep cuts
- Bruising and contusions
- Pelvic injuries
- Neck injuries, including whiplash
- Crush injuries
- Psychological trauma, such as anxiety and post-traumatic stress disorder, or PTSD
Pedestrian accidents often result in long-term impacts on a victim’s quality of life, and in the most tragic cases, may even lead to the wrongful death of a loved one.
Common Causes of Pedestrian Accidents in San Jose
A variety of circumstances could lead to a pedestrian accident. The primary cause is driver negligence, such as the following:
- Distracted driving, such as texting, talking on the phone, scrolling social media, eating
- Driving under the influence of drugs or alcohol
- Failing to yield or adhere to traffic signals
- Failing to check blind spots
- Driving aggressively
- Failing to use turn signals or blinkers
However, parties other than drivers may also be responsible for an accident. For instance, government entities might be responsible for poor road conditions, such as black ice, unmarked crosswalks, or unrepaired potholes. Our dedicated legal team can review your case and determine who is at fault for your injuries.
Is the Pedestrian Ever Liable for an Accident in San Jose?
In most pedestrian accident cases, the driver who struck the pedestrian is typically liable, largely because California law places a strong duty on motorists to protect pedestrians and yield the right of way.
Under California Vehicle Code § 21950, drivers must yield to pedestrians crossing within both marked and unmarked crosswalks at intersections. They must use reasonable care, including slowing down or stopping when necessary to avoid a collision. Therefore, when a driver fails to stop, speeds through a crosswalk, or does not take precautions around pedestrians, they are likely liable for any resulting injuries.
Additionally, California law broadly defines crosswalks, including unmarked ones at intersections, and reinforces that pedestrians are generally given priority in these areas. Even outside crosswalks, drivers still have a continuing duty to exercise due care to avoid hitting pedestrians.
However, the law requires pedestrians to act reasonably under the circumstances. For example, they cannot suddenly step into traffic in a way that creates an immediate, unavoidable hazard. Thus, pedestrians could also be potentially at fault if they contributed to their own injuries.
Understanding California’s Negligence System
California follows a pure comparative negligence system, meaning the driver and the pedestrian can share fault for an accident. If a pedestrian is partially at fault, such as crossing outside a crosswalk or ignoring signals, their compensation will be reduced by their share of the fault.
For example, if a person is 20% responsible for their injuries, they can still recover 80% of their damages. Even pedestrians who are mostly at fault may still recover some of their damages, but their compensation will be reduced accordingly.
Available Compensation Following a Pedestrian Accident
Injured pedestrians may be eligible for multiple forms of compensation in a personal injury claim. You can generally seek compensation for three forms of monetary damages: economic, non-economic, and punitive damages.
Economic damages cover the tangible financial losses from the accident, such as the following:
- Medical expenses
- Lost wages and future earning capacity
- Property damage
Non-economic damages cover the less tangible impacts on your life, such as:
- Pain and suffering
- Scarring and disfigurement
- Emotional anguish and distress;
- Diminished quality of life
While economic and non-economic damages compensate the victim for their losses, a court may award punitive damages to punish the defendant for especially egregious behavior and deter future misconduct. These damages may be appropriate in cases involving drunk driving or intentional harm.
Secured Compensation for Our Pedestrian Accident Clients
- $2.5 Million Pedestrian Accident: A pedestrian was struck at a crosswalk by a young driver unaware of her presence. The crash caused serious injuries. However, with diligent representation, we secured a $2.5 million settlement.
- $250,000 Pedestrian Accident: Our client was walking through a grocery store parking lot when a careless driver struck her. The accident left her with several injuries, including a traumatic brain injury.
- $100,000 Pedestrian Accident: Our client was attempting to cross the street in his wheelchair when he was struck by a vehicle that failed to yield at the crosswalk. Our client suffered great bodily injury due to the reckless driver.
Learn How Our San Jose Pedestrian Accident Lawyers Can Help
Being in an accident as a pedestrian is a terrifying, overwhelming ordeal. If you or a loved one has been injured as a pedestrian, you don’t have to deal with the aftermath alone. Regardless of the type of pedestrian accident, help is just a call away. We’re ready to help you when you need us most.
At Venardi Zurada, you are not just a case number. We don’t just take cases; we take care of people. We offer personalized, client-first service and holistic client care. In addition, we work on a contingency fee basis that aligns our success with yours—you pay nothing unless we win your case.
As recognized leaders in Bay Area personal injury law, with extensive local knowledge of the San Jose legal and insurance landscape, you can trust us to get the job done. Call us today at 833-893-6763 for a free consultation.
Our San Jose Pedestrian Accident Legal Team
Frequently Asked Questions
How Long Do I Have To File a Pedestrian Accident Claim?
In San Jose, you generally have two years from the date of the accident to file a pedestrian accident lawsuit. Filing promptly helps preserve evidence and increases your chances of receiving full compensation. Acting quickly also ensures you meet all legal deadlines.
How Can I Prove My Injuries in a Pedestrian Accident Case?
To prove your injuries in a pedestrian accident case, you need to show a clear link between the accident and your harm. Medical records, doctors’ reports, photos of injuries, and witness statements are key pieces of evidence. Strong documentation strengthens your claim and improves your chance of fair compensation.
Can I Sue a Government Entity for a Defective Road or Crosswalk?
Yes, you can sue a government entity if a defective road or crosswalk caused your accident, but there are special rules. You must typically file a notice of claim within six months of the incident. These cases are more complex, so legal representation is essential to navigate government procedures.
Can I File a Claim After a Hit-And-Run Pedestrian Accident?
If you have been injured in a hit-and-run in San Jose, you may still pursue compensation. Reporting the accident promptly to both law enforcement and your insurer is critical to protecting your rights and gives you the best chance of locating the driver. If the driver cannot be identified, you might be eligible to file a claim under your own uninsured motorist coverage.
How Long Will It Take To Resolve My Pedestrian Accident Claim?
The timeline for resolving a pedestrian accident claim depends on factors such as the case’s complexity, the severity of the injuries, the strength of the evidence, and the parties’ willingness to negotiate. Simple claims may settle within a few months, while serious injuries or liability disputes can take a year or longer. Working closely with an experienced attorney can help speed up the process and maximize your recovery.
