You Need an Experienced San Jose Pedestrian Accident Lawyer
If you were hit by a car, we will help you pick up the pieces
Getting around on foot is a great way to experience what San Jose has to offer, but unfortunately, some drivers fail to share the road with pedestrians. Being hit by a car is one of the scariest things that can happen to a person, and the consequences of an injury can ripple throughout the rest of your life. Injured pedestrians have legal rights under California law. We can help protect them.
The Swanson Law Group has the experience, resources, and winning track record needed to get meaningful results for injured pedestrians in San Jose and throughout Northern California. If you were hit by a car, don’t go up against the insurance company alone. Schedule your free consultation with an experienced San Jose pedestrian accident attorney.
What to do if you’re hit by a car in San Jose
First, remain at the scene unless you must leave to get emergency medical attention. Make sure you are safe and call 911. The police need to investigate the accident, and their report will be a key piece of evidence in your case. Get the at-fault driver’s name, contact information, and insurance information, as well as contact information for any witnesses. Take pictures of the scene and any visible injuries. Every piece of evidence you can collect matters.
You need to see a doctor right away, even if you think your injuries are minor. Go to one of San Jose’s many great hospitals, an urgent care center, or your primary care provider. Tell the doctor what happened and describe every symptom you’re feeling in as much detail as you can. Pedestrian accidents often cause injuries with delayed symptoms, so getting checked out is the best option for your health. It also creates a record of your injuries to strengthen your claim for damages.
Then, contact us. You need to get an experienced pedestrian accident lawyer on your side as soon as possible. We will deal with the insurance company on your behalf and start building a winning case to help you rebuild your life.
Whose insurance pays for pedestrian accidents?
California uses a fault-based system for car accidents, including pedestrian accidents. In other words, if you are hit by a car and the driver of that car is found at fault for the accident, their liability insurance should pay for your injuries, up to the policy limit. That said, the legal minimum insurance coverage for injuries to a single victim in California is just $15,000 – if you’re hurt badly, that coverage may be gone quickly.
Uninsured and underinsured motorist protection (UM/UIM) is a type of insurance you can carry that stands in for the other motorist’s insurance if they are not insured, or if they don’t have enough coverage. UM/UIM protects the insured driver, their spouse, and any relatives who reside with them whether they are in a car or on foot (California Insurance Code §11580.2). If you’re in a pedestrian accident caused by an uninsured motorist, a motorist who has inadequate coverage, or a hit-and-run driver who is never found, this coverage will pay your expenses up to the policy limit. UM/UIM coverage is optional in California, but the insurance company is required to offer it to you, and you must decline it in writing if you don’t want it.
We understand the stakes in a pedestrian accident case
We know the value of health, and we’ve seen firsthand how completely a pedestrian accident can change someone’s life. When a car hits a pedestrian’s unprotected body, the injuries sustained are often severe. You may have lost a limb or sustained a permanent brain injury. Even more minor injuries can have ripple effects on your career, your home life, your family, and your future. Each loss you’ve sustained matters, and rebuilding your life means pursuing full compensation.
To the insurance company, though, you’re exposure to their bottom line. As soon as they see the word “pedestrian,” alarm bells start going off. They put their best attorneys and adjusters on the case to minimize your claim, and they will think nothing of using pressure tactics, manipulation, and gaslighting to make you think the accident was your fault. That’s unacceptable. We know how to counter their tactics, find the facts, and tell the story of your accident in a manner we know a San Jose jury will find compelling.
Many of our cases settle out of court for precisely that reason. When an insurance company looks at the prospect of facing us in court, offering a fair settlement suddenly seems like a much more appealing proposition. They know our reputation and our track record of results. If they won’t pay up, though, we are always ready for trial. We know California law, and we know the courts in Santa Clara County.
We will walk with you and advocate for you throughout the process, making sure you know what to expect at each stage. Your recovery is about much more than financial compensation; it’s about rebuilding your life. We can recommend doctors, financial coaches, career counselors, and others who can help you move forward. Our job is to walk with you and advocate for you as you find your new path forward.
You can afford a San Jose pedestrian accident lawyer
You have legal rights under California law, and those rights aren’t dependent on your ability to pay a lawyer. That’s why we represent injured pedestrians on a contingency fee basis. You don’t pay us a penny out of pocket: if we win your case, our fee is a percentage of the recovery. If we don’t win, we don’t get paid at all.
In California, you have up to two years from the date of the accident to take legal action, but it’s in your interest to talk to an attorney as soon as possible. We will start dealing with the insurance company on your behalf immediately while you focus on getting better. Schedule your free consultation with an experienced San Jose pedestrian accident attorney today.