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This page provides general legal information about pedestrian accident accidents in San Jose, California. It is not legal advice. Consult a licensed California attorney for guidance specific to your case.
Pedestrian Accident Accidents in San Jose
Pedestrian accident claims in San Jose arise when drivers fail to yield to pedestrians in marked or unmarked crosswalks as required by Vehicle Code section 21950. California’s pure comparative fault system allows pedestrians to recover even if they were crossing outside a marked crosswalk, with recovery reduced proportionally by their fault percentage.
San Jose pedestrian accidents concentrate on the Vision Zero High Injury Network — Tully Road, Story Road, and Capitol Expressway — where 75% of the city’s serious pedestrian injuries occur. Caltrain injuries require a tort claim against the Peninsula Corridor Joint Powers Board (PCJPB). VTA injuries require a separate claim with VTA. These are distinct entities with separate six-month deadlines.
California Law That Applies to Your Case
- Driver duty to yield (Veh. Code § 21950): Yield to pedestrians in marked and unmarked crosswalks at intersections.
- Unmarked crosswalk (Veh. Code § 275): Exists at every intersection even without painted markings.
- Distracted driving (Veh. Code § 23123.5): Handheld device use while driving is negligence per se.
- Pure comparative fault: Jaywalking pedestrians can still recover proportionally.
- Six-month government tort claim: Required for city, county, or transit agency infrastructure claims.
The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.
Courts and Procedures in San Jose
Santa Clara County Superior Court’s Downtown Courthouse handles San Jose cases. North County cases may file at Palo Alto or Sunnyvale-Mountain View courthouses. Trial timelines are typically 18–24 months. The court accepts eFiling for unlimited civil matters.
Primary Courthouse
Santa Clara County Superior Court — Downtown
191 N First St, San Jose, CA 95113
What to Do After a Pedestrian Accident in San Jose
- Call 911 and document the scene
Request law enforcement response. Photograph all vehicles, road conditions, and visible injuries. Get all driver information and witness contact details before anyone leaves the scene.
- Seek medical evaluation same day
Seek emergency evaluation on the day of the incident regardless of whether you feel injured. Medical records dated the day of the crash establish the causal link between the incident and all injuries.
- Preserve evidence before it is lost
Surveillance footage, ELD data, and other key evidence are overwritten within 30–72 hours. An attorney can issue a formal preservation demand to the responsible party on an emergency basis the same day they are retained.
- Note government entity involvement
If a government vehicle, government-maintained road, or public transit property was involved, a tort claim must be filed with the correct entity within six months of the incident — separately from the two-year civil statute of limitations.
- Consult a licensed attorney before settling
Verify bar standing at calbar.ca.gov. Most California personal injury attorneys offer free consultations and work on contingency. Do not accept any settlement offer before all injuries are documented at their maximum extent and all future costs are calculated.
FAQs — Pedestrian Accident in San Jose
Who is at fault when a pedestrian is hit by a car in San Jose?
Fault depends on the crossing circumstances. If the pedestrian was in a marked or unmarked crosswalk at an intersection, the driver is required to yield under Vehicle Code section 21950 and is typically the at-fault party. Jaywalking pedestrians bear some comparative fault under California’s pure comparative fault system but can still recover proportionally from the driver for the driver’s share of responsibility.
How long do I have to file a pedestrian accident lawsuit in San Jose?
The statute of limitations for a San Jose pedestrian accident personal injury claim is two years from the accident date under Code of Civil Procedure section 335.1. Claims against the City of San Jose, VTA, or Santa Clara County require a government tort claim within six months. Minors generally have until their 20th birthday to file, though acting earlier preserves critical evidence including surveillance footage.
What if the driver was texting when they hit me in San Jose?
A driver using a handheld device at the time of the collision has violated Vehicle Code section 23123.5, which is negligence per se. Cell phone records can be subpoenaed to establish active device use at the crash moment. Distracted driving evidence supports both liability and punitive damage claims under Civil Code section 3294 in cases involving serious pedestrian injuries.
What damages are available in a San Jose pedestrian accident case?
A San Jose pedestrian accident victim can recover all economic damages (emergency hospitalization, surgery, rehabilitation, future care, lost wages and earning capacity) and non-economic damages (pain and suffering, emotional distress, disfigurement). California does not cap non-economic damages in pedestrian accident cases. Pedestrian accidents frequently produce catastrophic injuries generating substantial lifetime economic and non-economic damages.
Also in San Jose
Other Accident Types in San Jose
Slip and Fall in San Jose
San Jose slip and fall guide →Truck Accident in San Jose
San Jose truck accident guide →Motorcycle Accident in San Jose
San Jose motorcycle accident guide →Rideshare Accident in San Jose
San Jose rideshare accident guide →Find a Pedestrian Accident Attorney in San Jose
This page is educational. To find a licensed California attorney who handles pedestrian accident cases in the San Jose area, use these verified directories.