What to Do if You Are Hit by a Car in San Jose

Hit by a car in San Jose

Pedestrians Hit by a Car in San Jose Account for 1/3 of San Jose Traffic Fatalities

San Jose has experienced a sharp increase in pedestrian deaths in recent years. In 2016 there were 18 individual victims who were hit by a car in San Jose and killed as a result of the accident. In the first three months of 2017 there were 10 pedestrian fatalities—a number set to double the previous year!

And for every death there are perhaps three times as many injuries—many of which go unreported. But what can victims do when they are hit by a car in San Jose?​​​​

Your Odds of Being Hit by a Car in San Jose Are Too High

The San Jose Police Department admits that the city has a pedestrian accident problem. The PD reports that in 2015 (the last year for which complete police accident statistics have been compiled) there were 23 pedestrians killed after being hit by a car in San Jose. With a population of just over 1 million, your odds of being hit by a car in San Jose while on foot is roughly 1 in 5,000.


The San Jose Police often blame the pedestrian for these collisions, stating that “pedestrian inattention” contributes to the vast majority of traffic accidents in our city. But under California law, it’s the driver who is responsible for yielding the right of way to any pedestrian in a crosswalk (whether a marked or unmarked crosswalk.) I'll also note that there's been a recent "surge" (pun intended) of pedestrians hit by Ubers in San Jose.

What to Do If You’ve Been Hit by a Car in San Jose

The burden created by car vs. pedestrian crashes sadly lands on the shoulders of the pedestrian victims. Not only do they suffer severe physical injuries, they’re often plagued with the emotional distress and mental trauma. Unfortunately, pedestrian accident victims—just like you—must fight for every bit of compensation they deserve.

To do that you need to build a strong case from the start! The first things you should do if you are hit by a car in San Jose are:

  1. Document all information at the scene of the accident. (Use your cellphone to take pictures of vehicles, documents, witnesses, etc.)
  2. Get emergency medical help.
  3. Contact your insurance company.
  4. Talk to an experienced personal injury attorney.

Hit and Run Accidents in San Jose Are Crimes

Many people who are hit by a car in San Jose are victims of hit and run accidents. In fact, one study suggests that 60% of all fatal hit and run accidents involve pedestrians. But calling these collisions “accidents” doesn’t do them (or the victims) justice. These crashes are crimes. Over 10% of drivers involved in crashes flee.


Hit and run accidents are the worst. They often end without the at fault party ever being arrested or even identified. If you’ve been hit by a driver who flees, you need an experienced San Jose personal injury attorney on your side. Such a legal professional can push back against your insurance company to ensure you get the maximum settlement you deserve.

The Insurance Companies Use Various Tactics to Devalue Your Case If You’ve Been Hit by a Car in San Jose

The way the legal system, insurance companies, and criminal justice system are set up in California, it’s absolutely essential that pedestrians who have been hit by a car in San Jose secure the help of an experienced personal injury lawyer in San Jose. Why? Insurance companies may try to lower or eliminate your settlement by:

  • Claiming you were responsible for the accident - Even if you were not in a marked crosswalk when hit by a car in San Jose, you have legal recourse.
  • Calling into question the extent of your injuries – Make sure you get the best medical attention and document your injuries.
  • Disputing your medical expenses – Don’t over-treat and only go to well-reputed medical providers.
  • Stating the policy does not cover certain types of accidents – The intricacies of every insurance policy will dictate what sorts of coverage you may or may not have in a pedestrian accident.
  • Claiming coverage isn’t sufficient to pay out the type of settlement you deserve – Getting all of your accident-related expenses paid with limited insurance coverage is a challenge.

The driver responsible for your injuries can be held financially responsible for your lost wages, medical expenses, and even emotional trauma.

Gabriel V.

We Are Pedestrian Accident Experts!

"I was hit by a driver while jogging! After speaking with multiple lawyers Sally Morin Law got back to me immediately and developed a trusted rapport that lasted throughout my case. ​

Hit by a car?

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With over 20 years’ experience as a personal injury lawyer in San Jose, Sally Morin and her legal team are able to take some of the burden of proof off your shoulders. They can help you show that your injuries are serious, that you deserve fair compensation, and that the insurance company should pay.

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When you’ve been hit by a car in San Jose you don’t have a minute to lose. Contact San Jose pedestrian accident lawyer Sally Morin and her team today to get a FREE online case evaluation now to see if we can help.