Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents pedestrian accident victims throughout San Jose and Santa Clara County. In 2023 (the most recent year for which data is currently available), 314 pedestrians were killed or injured on San Jose roads — placing San Jose 11th among California's 15 largest cities in pedestrian crash victims, according to the California Office of Traffic Safety. Thirty of those victims were children under 15, ranking San Jose 10th among comparable cities. Forty-five were adults 65 and older, ranking 12th. Pedestrians struck by vehicles face severe injuries. There is no crumple zone, no airbag, and no seatbelt between a person on foot and a vehicle.

Driver Duties Toward Pedestrians

California law imposes specific duties on drivers with respect to pedestrians. Vehicle Code § 21950(a) requires a driver to yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection. Vehicle Code § 21950(b) further requires that a driver exercise due care to safeguard the safety of any pedestrian upon the roadway — this is not a passive obligation. It is an affirmative duty to take care regardless of whether the pedestrian is in a marked crosswalk.

Vehicle Code § 21949 expresses the Legislature's policy that the safety of pedestrians is of the highest priority. Where a driver violates Vehicle Code § 21950(a) and strikes a pedestrian in a crosswalk, that violation may establish negligence per se under CACI No. 418 — the jury is instructed that the violation is negligence if the pedestrian belongs to the class the statute was designed to protect and the harm is the kind the statute was designed to prevent.

Additional Vehicle Code provisions relevant to pedestrian accidents:

• Vehicle Code § 21954 — pedestrians crossing outside a crosswalk must yield to vehicles, but drivers retain the duty to exercise due care
• Vehicle Code § 21952 — a driver must yield to a pedestrian approaching from the opposite half of the roadway who is close enough to constitute a hazard
• Vehicle Code § 22350 — the basic speed law, which applies with particular force near pedestrian zones, schools, and intersections
• Vehicle Code § 23123 — distracted driving, a leading cause of pedestrian strikes at intersections

Hit-and-Run Pedestrian Accidents

San Jose recorded 318 hit-and-run crashes in 2023, ranking 13th among the 15 largest California cities. Pedestrians are disproportionately represented in hit-and-run fatalities. When the at-fault driver flees and cannot be identified, an uninsured motorist claim under the injured pedestrian's own policy — or a household member's policy — may provide a path to recovery. Insurance Code § 11580.2 governs uninsured motorist coverage and requires physical contact with the unidentified vehicle for a hit-and-run claim in most policy structures. Attorney Michael Rehm can evaluate the available coverage in a specific case.

Claims Against Government Entities

Pedestrian accidents sometimes involve dangerous conditions on public property — defective sidewalks, inadequate crosswalk lighting, missing or faded crosswalk markings, or poorly timed signals. A claim against the City of San Jose, Caltrans, or another public entity for a dangerous condition of public property may be available under Government Code § 835. Government Code § 911.2 requires that a claim be filed with the public entity within six months of the incident. Missing this deadline can potentially bar a lawsuit against a government defendant. Tolling doctrines may apply — contact Attorney Michael Rehm to assess the specific timeline in your case.

Damages

Pedestrian accident injuries are frequently catastrophic — traumatic brain injury, spinal cord damage, multiple fractures, internal organ damage, and in far too many cases, death. Civil Code § 3333 provides that damages include all detriment proximately caused by the defendant's negligence, anticipated or not. Civil Code § 3283 allows recovery for future losses reasonably certain to occur. Recoverable damages include past and future medical expenses, lost earnings, pain and suffering, emotional distress, and loss of enjoyment of life.

Filing Deadline — Statute of Limitations

Code of Civil Procedure § 335.1 sets a two-year statute of limitations for personal injury claims. Missing this deadline can potentially bar a lawsuit. Tolling doctrines may apply depending on the facts — contact Attorney Michael Rehm to assess the specific timeline in your case.

Santa Clara County Superior Court

Pedestrian accident cases filed in San Jose are heard at the Santa Clara County Superior Court, 191 N. First Street, San Jose, CA 95113. All limited and unlimited civil cases must be filed at the Downtown Superior Court under Local Civil Rule 1(C). E-filing is mandatory for represented parties. Cases estimated to take more than one day at trial require a Mandatory Settlement Conference before the trial assignment hearing, with the MSC Statement due no later than five court days before the conference.

Related Pages

• San Jose Personal Injury Attorney
• San Jose Car Accident Attorney
• San Jose Bicycle Accident Attorney
• San Jose Uninsured Motorist Attorney
• San Jose Wrongful Death Attorney
• San Jose Traumatic Brain Injury Attorney
• San Jose Scooter Accident Attorney

Attorney Michael Rehm handles pedestrian accident cases throughout San Jose and Santa Clara County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.