Pedestrian Accident Lawyer in Sunnyvale, CA
Pedestrians in Sunnyvale face serious risks, especially around the city’s busiest intersections and retail hubs. When a motor vehicle strikes a person, the resulting injuries are often catastrophic, leading to extensive medical bills, lost wages, and profound pain and suffering.
If you or a loved one were seriously injured in a pedestrian accident in Sunnyvale or the surrounding Silicon Valley area, you need powerful legal advocacy. The experienced team of Sunnyvale personal injury lawyers at Suits Litigation, Inc is dedicated to fighting aggressively to secure the justice and full compensation you deserve.
Working With a Sunnyvale Pedestrian Accident Lawyer
If you were injured in a crash, working with a pedestrian accident lawyer can help protect your financial future. They help build a solid case of evidence to hold the negligent party accountable. Get started as soon as you can after an accident to help ensure that evidence is as fresh as possible.
In pedestrian cases, losses can be substantial. Our pedestrian accident attorneys work to thoroughly calculate both present and future expenses and damages. Covering everything from immediate trauma to long-term care needs is vital to maximize your compensation and make sure you are not still paying for someone else’s negligence for years to come.
Working with an experienced lawyer can help you get taken seriously by insurance companies that are trying to avoid paying you what you deserve. Attorney James C. Suits II has over 20 years of experience standing up for the rights of injury victims. If an insurance company has denied your claim or refuses to negotiate a fair settlement, we are ready to suit up and take your claim to court.
Common Injuries in Sunnyvale Pedestrian Accidents
The injuries sustained in a pedestrian accident are typically much more severe than those involved in vehicle collisions. Especially when a car is moving at high speeds, pedestrians can be seriously injured, suffer life-long consequences, and rack up huge medical bills while in recovery. Some of these injuries include:
- Neck and Spinal Injuries: Whether from impacts with the vehicle or the ground, any injury to the spinal column can stop blood flow and communication to the brain, causing partial or complete paralysis.
- Broken Bones and Fractures: Whether from the initial impact of the vehicle or being run over, complex fractures and broken bones sometimes require surgery and extensive physical therapy to recover from.
- Traumatic Brain Injuries (TBIs) and Concussions: Whether from hitting the vehicle itself, the windscreen, or being flung onto the pavement, any head trauma can be a serious issue. These injuries often lead to hundreds of thousands of dollars worth of medical bills and leave injured pedestrians unable to return to work.
- Organ Damage and Internal Bleeding: Punctures and other damage to internal organs can often go unnoticed due to the adrenaline and shock caused to your nervous system during a pedestrian accident. These injuries often require emergency care to keep a patient from losing too much blood.
If you were in an accident, it is vital to seek medical attention right away, whether from emergency services at the scene or by getting evaluated as soon as you are done speaking with the police. A medical evaluation helps record vital evidence that your injuries were directly caused by the accident. If you wait to seek medical attention, an insurance company may deny your claim, stating your injuries could have been sustained elsewhere.
Securing Evidence to Prove Negligence
Your attorney will work quickly to investigate the crash and collect evidence that can disappear or be compromised over time. They will begin by taking photos of the scene, looking for any crash debris or tire skid marks that may still be visible. Even small pieces of evidence left by the vehicle can help in determining how the crash happened.
Our pedestrian accident attorneys will locate video surveillance from local businesses and request traffic camera footage of the area. If none can be found, an accident reconstruction specialist may be brought in to help flesh out the details of what happened. These experts can help the insurance company or the court better understand how the accident occurred and assign the blame where it belongs.
Shared Fault and California’s Comparative Negligence Law
Insurance adjusters will try to minimize payouts by using California’s comparative negligence law to shift blame onto the pedestrian. If you share any fault in the accident, such as darting out in the street or failing to use a crosswalk, they will use these factors against you to avoid paying your full damages.
Our state’s pure comparative negligence law allows you to still recover damages even if you are partially at fault, but your financial recovery will be reduced by the percentage of fault you are assigned. Your pedestrian accident attorney will work to minimize your assigned percentage of fault to ensure you receive the maximum payout.
High-Risk Areas for Pedestrian Accidents in Sunnyvale, CA
Drivers have a legal duty to watch out for pedestrians, and certain areas of Sunnyvale pose heightened risks due to heavy traffic, complex intersections, or driver impatience. Some high-risk areas for pedestrian accidents in the area include:
- El Camino Real and Lawrence Expressway: These are some of the most dangerous crossings in Sunnyvale. High vehicle speeds, heavy commuter traffic, and multiple lanes make it incredibly risky for pedestrians attempting to cross, often resulting in severe, high-impact injuries.
- Murphy Avenue and Downtown: The dense foot traffic in the Downtown Sunnyvale area means pedestrians are constantly mixing with vehicles. Accidents here often occur due to drivers failing to see a pedestrian stepping off the curb or backing out of parking spaces.
- Retail and Parking Lots (e.g., Sunnyvale Town Center): The mall and surrounding commercial parking lots are high-risk zones. Injuries frequently happen at slow speeds but can still result in broken bones or serious soft tissue damage, often due to drivers being distracted while searching for a spot or failing to yield to foot traffic.
- School Zones and Crossings: Accidents near schools (e.g., around Sunnyvale Middle or Fremont High) often involve children. Injuries occur when drivers violate the 25 mph speed limit in school zones or fail to stop completely for a crossing guard or flashing school zone lights.
According to the California Office of Traffic Safety, pedestrian accidents in California are getting worse. No state has more pedestrian casualties than California, with both injuries and deaths rising year over year. When you pursue a pedestrian accident claim or litigation, you help keep drivers accountable for their negligent actions.
Pedestrian Right-of-Way Laws
A pedestrian is defined under California Vehicle Code (VC) § 467 as anyone walking or using a self-propelled mobility device. This includes wheelchairs, scooters, and tricycles but excludes standard bicycles. Pedestrians do not always have the right-of-way, but state law strongly favors pedestrian protection in most situations.
The fundamental law governing driver responsibility is found in California VC § 21950, which states that motorists must yield to pedestrians crossing within any marked or unmarked crosswalk. If a pedestrian is already in a crosswalk marked by white lines or at any corner where streets meet, even if lines are absent, the driver must stop and allow them to pass safely.
While drivers bear the primary responsibility, pedestrians can be at fault if they do not exercise proper care. Situations where a pedestrian may be found partially negligent include jaywalking, leaving the curb too quickly, when the driver has no time to stop, or ignoring traffic signals. Never assume a driver sees you. Always make eye contact with a driver before stepping into the roadway, even if you clearly have the right-of-way.
When to Take Your Pedestrian Accident Case to Court
While many pedestrian accident claims can be resolved through negotiation with the insurance company, it may become necessary to file a formal personal injury lawsuit if negotiations stall or the damages are substantial. The timing of your lawsuit is strategic, and it is not usually the first step that you should take after an accident.
The ideal time to file is often after you have reached maximum medical improvement (MMI). This term refers to when your treating physicians believe your condition is stable and no further significant recovery is expected. Waiting until MMI is reached allows your attorney to more accurately calculate total future damages, which can include continued medical care, long-term rehabilitation, and permanent disability costs.
A lawsuit becomes a necessary option when the insurance company fails to admit liability or their offer is significantly less than your total damages. For cases involving life-altering or permanent injuries, the damages may exceed the driver’s insurance policy limits, requiring a lawsuit to seek recovery through a court award or other potential sources. Speak with an attorney today to discuss your legal options.
Critical Timing in Pedestrian Accident Cases
Under California law, injury victims typically have two years from the date of the accident to file a lawsuit. If you wait too long, you could lose your right to compensation. There are some exceptions to this time limit, such as if an injury was not immediately apparent and was not reasonably discovered until a later date. This can happen in pedestrian accidents, such as from internal trauma or brain damage.
The sooner you get started, the better, since your pedestrian accident attorney will need time to gather evidence and negotiate to maximize your compensation. Fresh evidence is always best, and our team will jump into action to secure it as soon as we start working on your accident case. Debris can be quickly cleaned up, eyewitness memories fade, and video footage can be overwritten within days or weeks. Getting started sooner will help you in all aspects.
Even if you do not plan to file a lawsuit, this two-year time window is critical since insurance companies know this law and will not negotiate fairly once the deadline has passed. After the statute of limitations has passed, insurance adjusters will be less likely to negotiate and often will provide you with a take-it-or-leave-it settlement offer. Once your option to sue is gone, it is usually gone for good.
Hit-And-Run Pedestrian Accidents
Hit-and-run accidents account for nearly 1 in 4 pedestrians killed in crashes, according to the National Highway Traffic Safety Administration. In the most recent year of data, California saw a 9% increase in hit-and-run crashes. If you were involved in an accident where the at-fault driver fled the scene, you may wonder what your legal options for recovering compensation are.
Legal Help Whether the Hit-and-Run Driver Can Be Identified
In collaboration with local law enforcement, your pedestrian accident lawyer will attempt to locate the driver so that you can file a personal injury claim or lawsuit against them. Video footage, such as from traffic cameras along El Camino Real or the Lawrence Expressway, can help identify suspects. Debris or paint left behind from their vehicle may help determine the make or model.
Drivers who flee the scene of an accident involving property damage can be prosecuted with a misdemeanor, but those who cause damage, injuries, or death could be upgraded to a felony with a mandatory sentence of up to four years.
The sad reality is that most hit-and-run drivers are unable to be located. If that is the case, you will need to utilize uninsured/underinsured motorist coverage, which pedestrians can use if it is included in their policy.
Contact a Pedestrian Accident Attorney Near Sunnyvale Today
If you or a loved one has been harmed due to a negligent driver, you need a dedicated legal advocate who can fight for your legal rights. At Suits Litigation Inc., we are committed to helping injured people and their families obtain the compensation they deserve. We will walk you through the details of your case, keep you updated as your claim progresses, and fight to ensure you are not taken advantage of by powerful insurance companies.
Contact our law firm today for a free, no-obligation consultation. We are here to help you get started on the road to recovery.