Pedestrian Accident Attorney in San Jose

100+ Years of Combined Experience Fighting for Injured Pedestrians in San Jose

San Jose pedestrians hit by negligent drivers face a long road: serious injuries, mounting medical bills, and insurance companies looking for any reason to minimize what they pay. At Needham Kepner & Fish LLP, we represent injured pedestrians throughout San Jose and the Bay Area, handling every stage of the claim from evidence collection through final resolution. Our pedestrian accident attorneys combine the investigative and negotiation resources of a larger firm with the direct attorney access you’d expect from a smaller practice.

We work on a contingency fee basis, so you pay nothing unless we recover compensation for you.

Contact us today at (408) 716-1668 or fill out our online form to schedule your free consultation. If you can’t come to us, we can come to you.

Pedestrian Rights Under California Law

California law places clear obligations on drivers to protect pedestrians. Under California Vehicle Code section 21950, drivers must yield the right of way to pedestrians crossing within any marked or unmarked crosswalk at an intersection, and must slow and exercise reasonable care when a pedestrian is nearby. Outside a marked crosswalk, Vehicle Code section 21954 primarily requires pedestrians to yield to vehicles, but it expressly does not relieve drivers of their independent duty of care for any pedestrian on the roadway. A driver who strikes a pedestrian after failing to meet that duty may have violated the law and may be liable for the resulting injuries.

As an injured pedestrian, your rights extend beyond the crosswalk. We have more than 100 years of combined experience in personal injury law, and we provide clients with clear guidance on all available recourses after a collision.

Pedestrians have the right to:

• Safe Passage: Use sidewalks and crosswalks without being endangered by inattentive or reckless drivers
• Compensation: Recover damages for medical costs, lost income, pain and suffering, and other losses caused by driver negligence
• File a Police Report: Create an official record that supports a future injury claim
• Legal Representation: Retain a pedestrian accident lawyer in San Jose to protect your interests throughout insurance negotiations and any court proceedings

Pedestrian Safety in San Jose

San Jose has one of the highest pedestrian fatality rates among California cities. In 2023, the San Jose Police Department recorded 49 total traffic fatalities, 27 of which were pedestrians. The majority of fatal collisions occur on busier multi-lane arterials rather than residential streets, and a high percentage happen during darkness. The city’s Vision Zero program is actively working to change that, implementing corridor safety improvements on roadways including McKee Road and Tully Road, such as new median islands, upgraded curb ramps, and modified traffic signals. These efforts acknowledge a documented problem, but they don’t help the pedestrians already hurt on those streets.

California AB 413, effective January 1, 2025, adds a statewide prohibition on parking within 20 feet of a crosswalk approach, a measure aimed at restoring pedestrian sightlines at intersections where blocked views contribute to collisions.

Common Causes of Pedestrian Accidents in San Jose

Most pedestrian accidents are preventable. When drivers fail to meet their legal duties, the consequences fall on the person on foot. California law prohibits handheld device use while driving, yet distracted driving remains one of the most documented contributing factors in pedestrian collisions across Santa Clara County. Impaired driving by alcohol or drugs reduces both perception and reaction time, dramatically increasing the risk of striking someone crossing the street.

Other common causes include:

• Speeding: Higher vehicle speed increases both the likelihood of a collision and the severity of resulting injuries
• Running red lights or stop signs: Documented as a contributing factor in San Jose pedestrian fatalities per SJPD data
• Failure to yield at crosswalks: A direct violation of California Vehicle Code section 21950
• Aggressive and reckless driving: Including unsafe lane changes and disregard for pedestrian activity near intersections

Liability in a pedestrian accident isn’t always limited to the driver. Depending on the circumstances, an employer whose employee was driving for work, a property owner whose poorly maintained sidewalk contributed to the collision, or a government entity responsible for a malfunctioning signal or unsafe street design may also bear responsibility.

Injuries Pedestrians Commonly Suffer

Pedestrians have no structural protection against vehicular impact, which is why injuries in these collisions are typically more severe than those suffered by vehicle occupants in the same crash. We have handled pedestrian cases involving clients seriously injured while crossing the street and during morning walks, and we understand the long-term consequences these injuries carry.

Serious injuries in pedestrian collisions often include:

• Traumatic brain injury (TBI), ranging from concussion to severe cognitive impairment
• Spinal cord injury, including partial or complete paralysis
• Fractures, including leg and pelvis breaks requiring surgery and extended rehabilitation
• Internal organ damage and internal bleeding
• Soft tissue injuries, including ligament and tendon tears
• Scarring and disfigurement
• Post-traumatic stress disorder, anxiety, and depression

Psychological harm is a recognized consequence of pedestrian accidents and may be included in a damages claim alongside physical injuries.

Compensation Available After a San Jose Pedestrian Accident

Injured pedestrians may be entitled to recover both economic and non-economic damages. Economic damages cover quantifiable losses: current and future medical care, lost earnings, and diminished earning capacity. Non-economic damages address the human cost: pain and suffering, emotional distress, scarring and disfigurement, and diminished quality of life.

California follows a pure comparative fault rule. If you bear some responsibility for the accident, your compensation is reduced by your percentage of fault but not eliminated. A pedestrian found 20% at fault on a $200,000 claim still recovers $160,000.

Two deadlines matter under California law. California Code of Civil Procedure section 335.1 gives most injured pedestrians two years from the date of the accident to file a personal injury lawsuit. If a government entity such as the City of San Jose or Caltrans bears partial responsibility, a separate government tort claim must be filed within six months of the accident before any lawsuit can proceed. Missing either deadline can end the right to recover.

Why Immediate Medical Attention Matters for Your Claim

Injuries common in pedestrian accidents, including concussions, internal bleeding, and soft-tissue damage, frequently produce no immediate symptoms. Seeking medical evaluation right away serves two purposes: it protects your health and creates the documented connection between the collision and your injuries that an insurance claim requires.

Reasons early medical treatment matters:

• Establishing Evidence: Medical records link the accident to your injuries, which is foundational to any claim
• Preventing Complications: Early diagnosis and treatment can prevent conditions from worsening and support better long-term outcomes
• Protecting Your Claim: A gap in treatment gives insurance companies grounds to argue your injuries weren’t serious or weren’t caused by the collision

How We Handle Pedestrian Accident Claims

Evidence in pedestrian accident cases disappears quickly. Surveillance footage gets overwritten, witness memories fade, and accident scenes change. Our first priority is preservation: securing camera footage, police accident reports, eyewitness statements, vehicle positions, crosswalk markings, and traffic signal timing data before that evidence is lost.

Insurance companies routinely dispute liability, argue the pedestrian was partially or fully at fault, and push toward fast settlements before the full extent of injuries is understood. Our pedestrian accident attorneys in San Jose negotiate directly with adjusters using the evidence we’ve built, not whatever the insurer chooses to acknowledge. If the at-fault driver was uninsured, we examine whether your own uninsured motorist coverage or other liable parties, such as a vehicle owner or an employer, can provide a path to recovery.

For clients who want a faster resolution without prolonged litigation, we also offer mediation services. Mediation can bring parties to agreement more efficiently than trial, and we’re experienced in guiding clients through that process. When the case requires it, we’re prepared to take it to court in Santa Clara County Superior Court.

Serving San Jose & the Bay Area

Our attorneys are familiar with the Santa Clara County legal system and work regularly with the processes and venues that govern pedestrian injury claims in this area. We know how to work with San Jose Police Department accident reports and California Department of Transportation records effectively, and we use both to build stronger cases for our clients. If you’ve been hurt in a pedestrian accident anywhere in the Bay Area, contact us for a free consultation.

Get Legal Help From Our San Jose Pedestrian Accident Attorneys

If a driver’s negligence left you injured, we can help you pursue the compensation you deserve. We offer free consultations to evaluate your situation and outline your legal options. If your condition prevents you from visiting our office, our attorneys can meet you at home or in the hospital.

To schedule a free consultation, call us today at (408) 716-1668 or use our online form. Our pedestrian accident lawyers in San Jose handle injury cases on a contingency fee basis. You pay nothing unless we win.

Frequently Asked Questions

What Are My First Steps After a Pedestrian Accident?

Ensure your safety, then seek medical attention immediately since many injuries don’t produce immediate symptoms. If you’re able, photograph the scene, collect contact information from the driver and any witnesses, and file a police report to create an official record. Then contact a pedestrian accident attorney in San Jose promptly. Early legal guidance protects your ability to recover evidence before it disappears and helps you avoid missteps with insurance companies.

Can I Still Make a Claim if I Contributed to My Pedestrian Accident?

Yes. California’s pure comparative negligence rule allows you to recover compensation even if you were partially at fault. Your recovery is reduced by your percentage of responsibility. If you were found 30% at fault and total damages were $100,000, you would recover $70,000. Our attorneys evaluate the facts of your case to build the strongest argument for your recovery and help prevent your fault percentage from being overstated by the other side.

What if the Driver Who Hit Me Was Uninsured?

Compensation may still be available. If you carry uninsured motorist coverage on your own auto policy, that coverage can apply to pedestrian accidents in California. Depending on the circumstances, other parties, such as the driver’s employer or the vehicle’s owner, may also bear liability. We review every available avenue to identify sources of recovery.

How Long Do I Have to File a Pedestrian Accident Lawsuit in California?

Generally, two years from the date of the accident under California Code of Civil Procedure section 335.1. If a government entity such as the City of San Jose or Caltrans played a role, a government tort claim must be filed within six months before you can pursue a lawsuit. These deadlines are strict, and missing them typically ends your right to recover through the courts.