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Can I Win My Pedestrian Accident Case?

Do I Have A Winning Pedestrian Accident Case?

After getting hit as a pedestrian, the most important things to do are:

call 911 to make a police report and

seek medical care.

Then, you may stop and ask yourself:

Is My Pedestrian Accident Claim Worth Money?

Read on to learn what the insurance company will look at when it comes to your pedestrian case, and whether it can be won.

If you want to know more, read this too: how to tell whether you have a good case.

The First Question: Were You In A Crosswalk?

The number one question in all pedestrian cases is:

Was the pedestrian walking in a crosswalk when they got hit?

If not, the insurance company and its defense attorney will present a jaywalking defense.

Getting a settlement or verdict will be difficult . . . but not impossible.

Factors About Pedestrian Accidents

These nine factors need to be looked at when assessing your auto versus pedestrian case:

Did You Have A Reason To Jaywalk?

  • Was something (construction, snow) impeding access to the crosswalk?
  • Was there a crosswalk nearby?

What Does The Vehicle Code Say About What You Or The Driver Did Right Before You Got Hit?

  • What does the law say?
  • Were either the driver or you, the pedestrian, violating a statute or regulation at the time of the accident?

What Was The Length Of The Walk Signal?

  • Check the timing of the traffic lights at the time the accident occurred.
  • Does the walk signal actually provide enough time for a pedestrian to make it all the way across the street?

What Were The Lighting Conditions?

  • What were the lighting conditions at the time of the accident?
  • Was it easy or difficult for the driver to see you, the pedestrian?

What Were You Wearing Before The Car Hit You?

  • Did the clothing you were wearing make it harder or easier to see you?
  • Save the clothing you were wearing when you got hit. Keep it in a plastic bag. Don't wash any of it.

Did The Driver Make Any Statements?

  • What did the driver say immediately after the accident?
  • Drivers who hit other cars seldom make incriminating statements, but drivers who hit pedestrians will frequently speak to victims lying on the ground after being hit.

Did You Make Any Statements?

  • Did you say any thing to the driver after the accident?

Are There Any Witnesses?

  • Did anyone else see the accident?
  • Do you know how to contact them?

Did You Call 911?

The Second Question: Are You Hurt?

Did you suffer injuries?

  • If you got injured, did you seek medical care?
  • Are you still hurt, or did the injuries resolve?

Here are some pedestrian injuries:

 Do I Need A Lawyer For My Pedestrian Accident Case?

You can make a claim for your pedestrian accident case, but it's really best to hire an attorney right away to fight your case for you.

If you or your loved one was hit as a pedestrian, you need a good attorney to fight your case.

If you hire me, I will work on your behalf and fight for maximum payment on your pedestrian accident.

Protect your rights by talking to an attorney before you do anything besides: call 911 and seek medical care.

My name is Renée Yvonne Gardner. I am the attorney at Gardner Law. I speak Spanish - hablo español.

I am a San José pedestrian accident attorney. I have experience with personal injury and wrongful death accident

If were injured in a pedestrian accident, contact me at (408) 214-5555 or fill out the below form for a free consultation.

If your loved one passed away after a pedestrian accident, please call me about your wrongful death case. 

Call Renée Today

I deliver personalized representation in serious personal Injury, wrongful death, death benefits, criminal defense, and post-conviction relief ("cleaning") cases. Please call (408) 214-5555 or fill out my contact form.