A pedestrian is no match for a car, truck, or other motor vehicle. When a pedestrian accident occurs, it is unusual for the person on foot, bicycle, or wheelchair to escape without any injuries, and severe injuries are unfortunately common due to the lack of outward protection pedestrians have. What makes this even more alarming is that the pedestrian may sustain severe injuries while the driver—and their vehicle—have no significant damage. After all, vehicles contain all types of protective equipment, like built-in crumple zones, reinforced cages, airbags, seatbelts, and more.
If you or a loved one were injured in a pedestrian accident, you may be facing a lengthy, expensive, and painful recovery. These accidents often lead to extensive medical bills and require a person to take extended time away from work. A San Jose pedestrian accident lawyer can help you seek compensation to repay you for your financial and non-financial losses. Reach out to Valero Law Group to begin reviewing the details of your situation with a trusted personal injury attorney.
Potential Injuries in Pedestrian Accidents
Even low-speed, low-impact pedestrian accidents can lead to severe injuries. As long as the force is sufficient to knock a person down, the accident can lead to traumatic brain injuries (TBIs), spinal injuries, and sprains. When the accident has more force, broken legs are common since the car or truck may hit the victim in the legs. A vehicle that hits a pedestrian and traps them against another vehicle or object can lead to crush injuries. In addition, accidents could lead to broken bones, lacerations, bruises, and internal bleeding.
It may surprise some people to learn that different groups are more vulnerable to pedestrian accidents than others. Children and older adults are often smaller than others with more fragile bones, making them even more vulnerable to damage. Plus, they may be more likely to be in accidents since they may not have the situational awareness or reaction time that could help them avoid the accident or mitigate damages.
Any pedestrian hit by a vehicle should get immediate medical care. Even if there are no apparent injuries, it is vital to have a checkup. Some of the riskiest injuries may have no immediate signs. Plus, seeking immediate medical care can help a San Jose pedestrian accident attorney establish a link between the event and a person’s damages.
Pedestrian Accidents and Right of Way
There is a lot of confusion about the right of way. Many people think that pedestrians always have the right of way. That is not true. In addition to state laws, San Jose Municipal Code chpt. 11.64 addresses right-of-way. While pedestrians have the right of way in crosswalks and safety zones, they cannot otherwise interfere with traffic by standing in the roadway.
It is also crucial to understand that, even in crosswalks, pedestrians may not have the right of way. Many crosswalks have signs or signals that indicate when a pedestrian can enter. A pedestrian who ignores those rules may be liable for a portion of their own losses if they are hit by a car. This being said, even if pedestrians do not have the right of way, motorists must always be aware of their surroundings and avoid striking people on the road when it is safely possible to do so. If a driver can avoid an accident but chooses not to, then they will share liability for the accident.
Understanding relevant traffic laws is essential for determining fault in a pedestrian accident. A San Jose lawyer from our firm can help people understand the role of fault in a pedestrian accident.
Schedule a Consultation With a San Jose Pedestrian Accident Attorney
If you or a loved one have been in a pedestrian accident, you may be facing a lengthy and expensive recovery. Filing an insurance claim or lawsuit may be the last thing on your mind. However, you need to take timely steps to preserve your right to compensation. Schedule a no-obligation consultation with a San Jose pedestrian accident lawyer at Valero Law Group. We can come to you, making legal consultation available while you recover. We do not get paid unless you get compensation, and we fight to protect our clients — in insurance negotiations and in the courtroom. Call today.
