Pedestrian Accidents matters in San Jose
San Jose's busiest pedestrian areas are also its most dangerous. Downtown around SJSU draws constant foot traffic, and the VTA light-rail crossings, the shops along Santana Row, and the wide, fast arterials like Story Road and King Road put people on foot close to heavy vehicle movement. Capitol Expressway and First Street add long crossings where drivers turn across walk signals, and many serious injuries happen in marked crosswalks where pedestrians had the right of way.
Drivers frequently blame the pedestrian, but California law strongly protects people on foot. MMG Law Firm handles San Jose pedestrian accident claims remotely from Glendale, gathering the evidence that shows what really happened.
Where San Jose Pedestrian Crashes Happen
- Downtown and the SJSU campus area
- VTA light-rail crossings
- Santana Row and Westfield Valley Fair
- Story Road and King Road arterials
- First Street and Capitol Expressway crossings
The Right-of-Way Law That Protects You
Under Vehicle Code §21950, drivers must yield the right of way to pedestrians crossing within a marked crosswalk or an unmarked crosswalk at an intersection. A driver who fails to yield, speeds, or is distracted can be held liable. California's pure comparative negligence rule means a pedestrian can still recover even if found partly at fault, with damages reduced by their share.
When a Public Entity May Be Involved
Some pedestrian crashes involve a city or transit vehicle, a dangerous roadway condition, or a poorly designed crossing. When a public entity is potentially responsible, a special and much shorter deadline applies: under Gov Code §911.2, a government claim generally must be presented within six months of the incident. Missing it can bar the case, so these claims demand immediate attention.
Compensation You May Recover
California allows both economic and non-economic damages. Economic damages cover medical bills, future treatment, lost wages, and lost earning capacity. Non-economic damages address pain, suffering, disfigurement, and the loss of activities you valued. We never guarantee a result, but we work to document every loss and counter attempts to shift blame onto the injured person.
Deadlines, Venue, and How MMG Law Firm Helps
Most pedestrian claims against private drivers must be filed within two years under CCP §335.1, while claims against a public entity require a six-month government claim under Gov Code §911.2. San Jose cases are venued in the Santa Clara County Superior Court, with civil matters at the Downtown Superior Court on North First Street.
MMG Law Firm represents injured pedestrians across California from Glendale. We handle your case by phone, email, and secure portal, and appear in Santa Clara County court when needed. Consultations are free in English, Armenian, and Russian, and we work on contingency — no fee unless we win.
Our attorney
How Mihran M. Ghazaryan helps with pedestrian accidents
Pedestrian injuries are usually severe, and the right-of-way analysis is everything. Mihran M. Ghazaryan investigates the crosswalk, signal timing, and roadway conditions, and where a city vehicle or dangerous public road is involved he protects the short six-month government-claim deadline that can otherwise end a case before it starts. He coordinates your care and documents the full extent of your losses.
Types of pedestrian accidents we handle
Crosswalk strikes
Marked or unmarked, California pedestrians retain right-of-way. We identify the sight-line failures and signal timing that tell the real story.
Parking-lot and back-over collisions
Often involve fleet vehicles, rideshare drivers, or delivery contractors. Surveillance footage matters and disappears fast.
Hit-and-run pedestrian claims
Your own UM/UIM policy may reach. Even when the driver is unidentified, recovery is often possible.
Damages
What compensation can cover
Every pedestrian accident claim is different, but California law allows injured plaintiffs to seek several categories of damages. We build each one with documentation — medical records, wage statements, expert opinions — so nothing is left on the table.
Medical expenses
Emergency care, hospitalization, surgery, rehabilitation, and the future treatment your providers say you'll need.
Lost wages
Income you lost while recovering — and, where the injury affects your ability to work, diminished future earning capacity.
Pain and suffering
Compensation for physical pain, emotional distress, and the ways the injury has changed how you live day to day.
Property damage
Repair or replacement of your vehicle and other property damaged in the incident.
Out-of-pocket costs
Transportation to appointments, medical equipment, household help, and the other expenses an injury forces on you.
How we work
- 1
Free, no-pressure consultation
We listen first. We answer your questions. There is no fee for the initial conversation — and you decide whether to engage us at the end of it.
- 2
Investigation and evidence preservation
Police reports, scene photos, witness statements, vehicle data, surveillance video, medical records. The earlier we collect, the harder it is for the other side to reshape the story later.
- 3
Treatment, demand, and negotiation
We coordinate with your providers, document the full extent of damages — medical, lost income, pain — and present a demand backed by evidence. We push back firmly when an insurer lowballs.
- 4
Litigation when necessary
Most matters settle. When an insurer refuses to be reasonable, we file. Preparing every case as if it will be tried is what makes the settlement number move.
What to do right away
- Accept emergency medical evaluation on scene, even if you can walk.
- Take photos of the location — crosswalk, signs, signals — and the vehicle's resting position.
- Get witness names; pedestrian witnesses are common but rarely contacted by police.
- Save the clothing you were wearing — it may be evidence.
- Call us before giving any statement.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
Deadlines that matter
Most California personal-injury claims must be filed within two years of the injury (Code of Civil Procedure §335.1). Miss the window and the court will almost always dismiss the case, no matter how strong it is.
Claims against government entities are much shorter — generally a written claim within six months (Government Code §911.2). Crashes involving city vehicles, public buses, or dangerous public-road conditions can fall under this rule.
Exceptions exist in both directions — discovery rules, minors, continuing violations, out-of-state defendants — so don't assume your deadline has passed or that you have time to spare. Call (818) 539-7969 and we'll tell you exactly where you stand.
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