Pedestrian Accident Lawyer in Santa Clara, CA
At the heart of Silicon Valley, Santa Clara is known for its major thoroughfares and high-traffic corridors like the Lawrence Expressway, but with so many cars on the roads, many choose to make shorter commutes by walking or e-scooter. When a driver’s negligence causes an accident with one of these pedestrians, the resulting injuries can lead to massive medical expenses, lost pay, and lifelong disability.
The experienced team at Suits Litigation, Inc. is dedicated to providing powerful legal advocacy to victims. Our Santa Clara car accident lawyers can help ensure you are not forced to bear the financial burden of another person’s mistake.
Common Injuries in Pedestrian Accidents
When it comes to pedestrian accidents, the cars usually drive away without much damage, but the pedestrians rarely walk away unscathed. Injuries in pedestrian crashes are nearly always catastrophic, leading to consequences far more severe than those typically seen in collisions involving two vehicles. When it involves high-speed areas like Santa Clara’s busy roadways, such as El Camino Real, the impact can leave lifelong disabilities and massive financial burdens.
Traumatic Brain Injuries
Head injuries can range widely in severity from concussions to severe traumatic brain injuries (TBIs). These often are caused by the head striking the vehicle itself, the windshield, or being flung onto the pavement. Permanent cognitive, emotional, and physical impairments are common. Pedestrian accidents involving head injuries often result in hundreds of thousands of dollars in medical bills.
Neck and Spinal Cord Injuries
Severe whiplash and neck injuries are also common, especially when hit by a fast-moving vehicle. Partial and complete paralysis can occur when brain signals and blood flow are blocked due to injuries to the spinal cord. Mobility devices and lifelong disability can be necessary in cases involving these.
Complex Fractures and Broken Bones
After being hit by a vehicle or run over, bones can be easily broken. Often, injuries like these require extensive recovery or even surgery to regain mobility. Complex fractures may not be completely repairable, limiting future mobility and the ability to return to work as before.
Organ Damage and Internal Bleeding
Even if you manage to avoid the severe injuries above, internal bleeding and organ damage can leave you with massive repercussions. Surgeries and blood transfusions may be required. It is vital to be checked out by a medical professional after any accident, as it can help you with injuries like these that could remain undetected at first due to adrenaline and shock.
Getting evaluated by a medical professional is not just necessary for prompt treatment. It also serves as vital evidence linking your accident and your injuries. Insurance companies will exploit any delay in treatment as a reason to aggressively deny your claim, arguing that your injuries could have been sustained elsewhere after the accident. Protect your health and your right to compensation by getting a full evaluation as soon as you are done working with the police.
Why Work With a Pedestrian Accident Lawyer From Suits Litigation, Inc.
While it can seem like a savings to handle your personal injury claim yourself, working with an experienced legal team can help you maximize your compensation and protect your legal rights. In pedestrian cases, damages are rarely minor. We work to calculate not only your immediate costs, but also the total impact of your injury over a lifetime.
Our team will thoroughly investigate your crash and resulting damages, drawing on our network of experts, including accident reconstructionists, medical professionals, and other specialists. We work to establish a clear link to liability, building a body of evidence that places the blame solidly on the responsible driver. We calculate the full, maximum value of your claim and aggressively advocate for your rights.
Insurance companies are profit-driven, and their goal is to deny your claim or pressure you into accepting a lowball offer. With over 20 years of experience advocating for victims, our legal team knows how to neutralize these tactics. If an insurance adjuster will not accept liability or refuses to negotiate a fair settlement, we are prepared to suit up and take the fight to court.
Establishing Liability Through Evidence Collection
To successfully secure compensation, you need to thoroughly establish liability to show the insurance company or court that the driver is responsible for your injuries. This requires immediate and meticulous investigation by your legal team. The sooner you make the call to an attorney, the better, as they will begin by collecting and preserving evidence that can disappear or be compromised within days or even hours, such as:
- Physical Evidence: We search for and photograph crucial physical evidence, including tire skid marks, which can reveal speed and braking, crash debris, and the resting position of the vehicle. The scene will be thoroughly documented with all traffic signs and signals, so we can hold the driver accountable for the exact area they were in, whether it was a school zone, parking lot, or typical roadway.
- Vehicle and Phone Data: Many modern vehicles include Event Data Recorders (EDR), often called a black box. This data can reveal the driver’s speed, braking patterns, and throttle position seconds before the crash. Phone data may be subpoenaed to provide details on usage at the time of the crash.
- Video Footage: Our team will secure video footage from traffic cameras on highways like those on El Camino Real, and any security system in the area. This can help identify hit-and-run drivers and show negligent driving, such as swerving or speeding, prior to the crash.
- Hit-and-Run Forensics: In hit-and-run accidents, our search becomes forensic. Even tiny pieces of debris like paint chips, broken plastic, or unique tire treads can be analyzed to help law enforcement, and our experts identify the suspect driver.
We work to make sure to collect all available evidence and build a strong case for liability against the driver to make sure their insurance company does not try to lessen or deny your claim. This piece is critical, as California’s shared fault laws are often used by insurers as a tactic to reduce their payout.
California’s Comparative Negligence Law
It is a common insurance tactic to shift partial blame to the pedestrian as an attempt to minimize the amount they need to pay out. Under California’s comparative negligence law, you are still able to recover damages even if you are partially at fault. However, the percentage of fault you are assigned directly lowers your compensation.
If you share any blame in the accident, insurance companies will use those factors against you. Our goal is to minimize the amount of blame they can shift to you by making it overwhelmingly clear that the driver is primarily at fault. For example, if you failed to use a crosswalk, we will attempt to make it clear that the driver should have seen you and yielded the right-of-way.
Right-of-Way Laws for Pedestrians
California VC § 467 defines a pedestrian as anyone walking or using a self-propelled mobility device, such as a wheelchair, escooter, or tricycle. While state law heavily emphasizes pedestrian protection, the assumption that a pedestrian always has the right-of-way is a dangerous misconception. Understanding the nuances of California law is critical for both safety and establishing liability in a claim.
The core of a driver’s legal responsibility is established by California Vehicle Code (VC) § 21950, which mandates that drivers must yield to pedestrians in any marked or unmarked crosswalk. Whether you are in a striped crosswalk in a school zone or crossing at a standard intersection corner where the lines have faded or were never painted, drivers are legally obligated to stop and wait for you to pass safely.
While the law favors the pedestrian, you are still required to follow traffic laws. A pedestrian can be found partially at fault if they fail to act reasonably to ensure their own safety. Jaywalking, stepping into traffic suddenly where even a reasonably attentive driver cannot brake in time, and ignoring traffic signs and signals can all lead to a pedestrian being deemed contributorily negligent.
Using Uninsured/Underinsured Motorist (UM/UIM) Coverage
For pedestrians in Santa Clara, Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage is often the most critical financial safeguard against the pervasive risks of negligent driving. While this coverage is typically associated with vehicle-to-vehicle crashes, it extends protection to you as an individual, even when you are walking, jogging, or using an e-scooter.
Uninsured Motorist Coverage
UM coverage is designed to act as the liability insurance for a driver who either has no auto insurance whatsoever or cannot be identified, which is the legal classification for a hit-and-run driver. Unlike a standard lawsuit, UM claims often have very strict reporting requirements under your specific policy, demanding immediate notice of the hit-and-run incident.
Underinsured Motorist Coverage
UIM coverage becomes essential when the at-fault driver is identified and has insurance, but their liability limits are insufficient to cover the full extent of your serious injuries. California has low minimum insurance requirements at $15,000 per person. Pedestrian injuries often add up to hundreds of thousands of dollars in damages, so UIM protection is frequently necessary.
Despite filing the claim with your own insurance company, they still act as the opposing party with a financial incentive to pay you as little as possible. Do not discuss the accident details with any insurance adjuster until you have secured legal counsel. If you are wondering whether to utilize one of these insurance policies, contact our pedestrian accident attorney to discuss your options.
The Statute of Limitations in California Pedestrian Accident Cases
The state of California imposes a strict deadline known as the statute of limitations for personal injury cases. Missing this window will result in the permanent forfeiture of your right to claim compensation.
Typically, you have two years from the date of the accident to file a personal injury lawsuit in civil court. This deadline dictates not only when litigation must begin but also how long you have to negotiate effectively with the insurance company. Insurance companies are fully aware of this deadline. As the clock runs down, they become less motivated to offer a fair settlement.
Some exceptions to this two-year deadline exist, but are rare. If the accident was caused by a city or county vehicle or maintenance failure, like a poor road design, you must file a formal administrative claim within six months of your accident. For an injury that was discovered at a later date or with hit-and-run accidents, you may be able to get an extension. Protect your right to compensation by consulting with an attorney today.
When to Pursue an Insurance Claim vs. Litigation
After a pedestrian accident, there are typically two routes to recovering compensation:
- Settling with the insurance company
- Filing a lawsuit
The decision of when and if to file a lawsuit is a strategic one, always made with your attorney’s guidance and your long-term needs in mind. Most pedestrian accident cases end with an insurance settlement. Settlements are generally preferred because they are faster, cheaper, and guarantee a recovery.
Deciding Between a Settlement and Going to Trial
Your pedestrian accident lawyer will likely encourage you towards a settlement, especially if there is clear liability and no catastrophic injuries. As long as insurance is willing to negotiate for a fair settlement, this is typically the best option. If they deny your claim or negotiations reach a standstill, you will want to consider filing a formal personal injury lawsuit. It signals to the insurer that you are serious and willing to take the case to a jury.
For cases involving life-altering or permanent injuries, the damages often far exceed the driver’s policy limits. In that case, a lawsuit will be required to secure compensation. If the two-year deadline to file is quickly approaching, your lawyer may recommend that a lawsuit be filed simply to preserve your legal right to compensation.
Contact a Pedestrian Accident Attorney Near Santa Clara
If you or a loved one has suffered injury due to a negligent driver on the streets of Santa Clara, you need a dedicated legal advocate who can fight aggressively for your rights and your future. Contact our personal injury law firm today for a free, no-obligation consultation. We are here to answer your questions and help you get started on the path to justice and financial recovery.