Your Case is Important

Pedestrian Accident Claims in California

A report by the National Highway Transportation Safety Administration estimates that a pedestrian is killed in a traffic accident every 113 minutes and injured in one every eight minutes. Crossing the street and utilizing sidewalks is a routine part of our daily lives, and we never expect that we might suffer serious, life-changing injuries as a result of this daily habit. Pedestrian accidents kill or injure around 75,000 Americans every year, and it is important for victims to hold the responsible parties accountable for their actions.

A pedestrian accident attorney in San Jose from our firm has the legal expertise and experience to help you and your family seek compensation after a serious pedestrian accident has occurred. With our assistance, you may be able to recover financial compensation for your medical expenses, lost wages, and much more. If you were hit by a car while crossing the street or were hit in a parking lot, you may be eligible to receive compensation for your injuries. Contact Habbas & Associates today to discuss your claim in a free consultation!

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Common Pedestrian Accident Injuries

Common injuries sustained in a pedestrian accident include:

Our firm understands the devastating nature of this accident, and we will fight for your right to the compensation you deserve. We will help you identify the cause of your injuries and then assist you with the entire process of seeking compensation. If you are suffering from continuous pain, we may be able to seek compensation for future medical bills as well.

Common Causes of Pedestrian Accidents

A pedestrian accident, also known as a pedestrian-vehicle accident, is a type of traffic collision that occurs when a motor vehicle collides with a pedestrian, someone who is walking or otherwise not inside a vehicle. These accidents can result in various degrees of injury or even death for the pedestrian involved. Here are some common causes of pedestrian accidents involving motor vehicles:

  • Distracted Driving: One of the leading causes of pedestrian accidents is drivers who are distracted by activities such as texting, using a smartphone, eating, or adjusting the car's controls while driving. Inattention to the road can lead to accidents.
  • Speeding: Driving at excessive speeds reduces a driver's reaction time and increases the severity of pedestrian accidents. It is harder for drivers to stop or swerve to avoid a pedestrian at high speeds.
  • Failure to Yield the Right of Way: Drivers may fail to yield to pedestrians at crosswalks, intersections, or when turning, leading to collisions. Pedestrians usually have the right of way in designated crosswalks.
  • Impaired Driving: Driving under the influence of alcohol or drugs significantly impairs a driver's ability to react to pedestrians and follow traffic rules, often resulting in accidents.
  • Reckless Driving: Aggressive driving behaviors, such as running red lights, making sudden lane changes, or disregarding traffic signals, can put pedestrians at risk.
  • Poor Visibility: Low visibility conditions, such as fog, rain, or darkness, can make it difficult for drivers to see pedestrians, increasing the likelihood of accidents.
  • Failure to Stop for School Buses: Drivers who ignore school bus stop signs and flashing lights can endanger children getting on or off the bus.
  • Jaywalking: Pedestrians who cross roads in unauthorized or dangerous locations, rather than at designated crosswalks or intersections, can put themselves at risk.
  • Left or Right Turns: Many pedestrian accidents occur when drivers fail to check for pedestrians when making left or right turns at intersections.
  • Backing Up: Drivers in parking lots and driveways may not see pedestrians behind their vehicles while backing up.
  • Poor Road Conditions: Slippery or poorly maintained road surfaces, as well as obstructions like snow or debris, can cause both drivers and pedestrians to lose control and contribute to accidents.
  • Blind Spots: Large vehicles, such as trucks and buses, often have significant blind spots that can obscure pedestrians from the driver's view.

Each of these forms of negligence can easily be prevented when drivers take getting behind the wheel more seriously. Every pedestrian accident can be prevented, so if you have been injured by a driver doing any of the above, you most likely have grounds for an injury claim.

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Call 24/7 and schedule a free consultation with our personal injury lawyers in San Jose.

Is a Pedestrian Ever At Fault?

While in most pedestrian accident cases the driver is typically found to be at fault, that doesn't mean that the pedestrian can never be responsible for their own injuries. For example, if a pedestrian was jaywalking at the time of the accident and this resulted in the driver being unable to see them soon enough to stop, the pedestrian's settlement may be reduced by the percentage of fault that they shared in the accident. (This is where California's comparative negligence laws come into play.) However, even if a pedestrian had some fault in the accident, as long as they are less than 51% responsible for the accident, they can still recover some compensation for their injuries. Here are some other situations in which a pedestrian may be considered at fault in an accident:

  • Ignoring Traffic Signals: Pedestrians must obey traffic signals and crosswalk signals. If a pedestrian crosses the road against a red "Don't Walk" signal or during a red traffic light, they can be deemed at fault.
  • Crossing Outside Crosswalks and Intersections: Crossing a road outside a marked crosswalk or intersection when one is available and safe to use can result in the pedestrian being at fault if an accident occurs.
  • Entering the Roadway Unsafely: Pedestrians are expected to enter the roadway in a safe and cautious manner, yielding to oncoming traffic when necessary. If a pedestrian steps into the path of a vehicle without giving the driver adequate time to react, they may be considered at fault.
  • Darting into Traffic: Pedestrians who suddenly and unexpectedly dart into the path of a vehicle, giving the driver no reasonable time to stop or avoid a collision, may be at fault.
  • Intoxication: If a pedestrian is under the influence of alcohol or drugs and their impairment contributes to the accident, they may be considered at fault.
  • Trespassing on Highways: Walking on highways or freeways where pedestrians are not allowed is illegal and can result in pedestrians being at fault if they are involved in an accident.
  • Reckless Behavior: Engaging in reckless behavior, such as deliberately running into traffic or playing games on the road, can contribute to an accident for which the pedestrian may be held at fault.

What Is the Average Pedestrian Accident Settlement Amount?

In a pedestrian accident lawsuit, your attorney will help you to calculate a fair settlement amount based on several factors, including:

  • The seriousness of your injuries and any medical bills incurred
  • Any missed work or lost income
  • Any impact on your future earning ability
  • Pain and suffering you experienced as a result of your injuries
  • Punitive damages if the at-fault driver was demonstrating particularly serious negligence at the time of the accident

Unsure what your case may be worth and whether or not you should hire a lawyer? Reach out to our injury lawyer in a free consultation today!

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Hear It From Our Clients

I first hired Mr. Habbas and his firm to represent me in a car accident case over 10 years ago, and since that time, I have gone back to Mr. Habbas' firm, and I have referred ma...

I first hired Mr. Habbas and his firm to represent me in a car accident case over 10 years ago, and since that time, I have gone back to Mr. Habbas' firm, and I have referred many people to him. These folks immediately respond to you, and they are friendly and trustworthy, and they do everything possible to help you get through tough times. My property damage was handled quickly, and I was very happy with the settlement that I obtained for my injuries.

Daniel L. San Jose, CA 5 out of 5 stars

I was severely hurt in a car accident involving a tractor-trailer that rear-ended my vehicle. Hiring the Habbas & Associates and working with Mr. Habbas and his colleagues was t...

I was severely hurt in a car accident involving a tractor-trailer that rear-ended my vehicle. Hiring the Habbas & Associates and working with Mr. Habbas and his colleagues was the best decision I ever made. I had two prior lawyers that I was extremely unsatisfied with. I couldn't get a return call, and I didn't know what was going on with my case most of the time. I was very distressed because my bills were piling up and I didn't know what I was going to do. Hiring Mr. Habbas changed everything. His staff and colleagues were responsive, courteous, and helpful in every respect. I obtained access to the medical care I needed, and I was operated on by one of the best back surgeons in the area, although I didn't have medical insurance. The insurance company offered $350,000.00 to settle, and the case went to trial. We received a jury award of $2,554,000.00 plus interest and costs. The insurance company appealed only to cave and pay a total of $3,000,000.00. I am grateful to Mr. Habbas and his colleagues for everything they have done for me.

Gordon T. San Jose, CA 5 out of 5 stars

I suffered serious injuries because a janitor left streaks of water on a tile floor in the hallway of a building, which caused me to slip and fall while exiting from one of my p...

I suffered serious injuries because a janitor left streaks of water on a tile floor in the hallway of a building, which caused me to slip and fall while exiting from one of my patients' hospital rooms. The insurance company denied the claim, forcing my attorneys, Habbas & Associates, to file a lawsuit. The Habbas firm was very aggressive and thorough. 

They investigated the accident, and they questioned all important witnesses and gathered all of the evidence required to prove negligence. Although my claim was initially denied, a substantial settlement was obtained by the Habbas firm. Prior to this incident, I had never had a personal injury claim, and I never expected to have to hire an attorney to represent me for something like this. 

Mr. Habbas and his staff are efficient, helpful, responsive, and caring. They make you feel at ease. They explain the process, and they keep you up to date. There is no one else I would prefer to have in my corner to protect me.

Dr. S.E. San Jose, CA 5 out of 5 stars

I was seriously hurt in a car accident that was caused by another motorist, and my airbag didn't deploy. I hired Habbas & Associates to represent me because I wasn't getting any...

I was seriously hurt in a car accident that was caused by another motorist, and my airbag didn't deploy. I hired Habbas & Associates to represent me because I wasn't getting anywhere with the insurance company, and I didn't know how to make a claim against the manufacturer of the vehicle or airbags. Mr. Habbas and his staff were amazing. They fully explained all my rights and what they would do, step by step. I felt relieved in having what I felt was a great team of experienced lawyers and staff on my side.

I suffered severe nerve injuries in my face, and with the help of Mr. Habbas, I was able to acquire treatment from some of the best medical doctors in the State. My case was settled at mediation for approximately $950,000.00 within a short time after a lawsuit was filed. I can't say enough about how much Mr. Habbas and his firm care about their clients. I will always refer anyone I know to them.

Roberta S. San Jose, CA 5 out of 5 stars

Omar Habbas will fight for you and give you the best results out of your case, I know. They take good care of their clients. I’ve never been happier. Thank you to the enti...

Omar Habbas will fight for you and give you the best results out of your case, I know. They take good care of their clients. I’ve never been happier. Thank you to the entire team at Habbas & Associates. You are highly recommended.

Nina Wright 5 out of 5 stars

My wife and I got rear-ended by a DUI male driver in his mid-twenties. We suffered neck injuries and were rushed to the Emergency Dept in Natividad Hospital in Salinas, CA. One ...

My wife and I got rear-ended by a DUI male driver in his mid-twenties. We suffered neck injuries and were rushed to the Emergency Dept in Natividad Hospital in Salinas, CA. One of my children searched for an Injury Lawyer who has a great reputation in this kind of case, and she chose HABBAS & ASSOCIATES in San Jose, CA. 

We met with Mr. Hoang Le, and he explained the process. Mr. Le and the rest of the staff of Habbas & Associates were caring and showed concern for our welfare. It took a while for us to recover from those injuries, but with Mr. Le's assistance and with constant follow-ups with the insurance companies, we felt secure and less stressed. He answered all of our questions every time we had one, and that's why we are so happy and blessed to have Habbas and Associates on our side. I strongly recommend them.

Feliciano & Maria Verzosa Hollister , CA 5 out of 5 stars

Prior to working with Habbas & Associates, I had never worked with an attorney before, and I had never been in a car accident before. A friend of mine suggested I contact th...

Prior to working with Habbas & Associates, I had never worked with an attorney before, and I had never been in a car accident before. A friend of mine suggested I contact them, so, of course, I am going to take a friend’s suggestions, especially since he had great things to say. I was extremely anxious and hesitant to contact an attorney, especially since I have never dealt with such a well-advertised firm as Habbas. 

Laura Ajlouny worked with me through the whole process. From the first phone call, she completely reassured me of my decision and was extremely helpful, patient, and understanding with my claim. She was especially understanding of my anxiousness in dealing with an attorney for the first time. I am so happy to have had her as my attorney. 

The experience I had with Laura was exceptional, and I will 100% refer her and Habbas to anyone seeking an attorney for an accident. She made the experience a great one.

Juan A. 5 out of 5 stars

I had retained the services of Habbas, Nasseri & Associates when my mother-in-law was hit by a car while she was on an evening walk in our neighborhood. She had to undergo s...

I had retained the services of Habbas, Nasseri & Associates when my mother-in-law was hit by a car while she was on an evening walk in our neighborhood. She had to undergo surgery and was wheelchair-bound for some time. The case manager Hoang Le stopped by our home multiple times while my mother-in-law's mobility was restricted and was extremely helpful, responsive, knowledgeable, and easy to work with. He managed everything from getting reports from the Sheriff's office to managing the case paperwork and follow-up with the hospital and ambulance services. 

Mr. Habbas himself called over the phone and explained all the legal options, after which, in due course of time, the case was settled. We are extremely happy with the seamless experience that they provided. All in all, you'd wish you never had to run into any injury situations, but if you do, then Habbas law firm is the place to go.

Neil T. 5 out of 5 stars

Omar Habbas and his team were very professional, efficient, and extremely effective. They fought hard to get the best results on my difficult case and always kept me up to date ...

Omar Habbas and his team were very professional, efficient, and extremely effective. They fought hard to get the best results on my difficult case and always kept me up to date with every step in the entire process. I’m so glad I found this law firm and extremely happy with the results. Very highly recommend them to family and friends. If you or a loved one needs help, don’t hesitate to call them!

AJ B. 5 out of 5 stars

I’m highly impressed by their strong commitment to serving their clients and giving back to the community.

Victoria M. 5 out of 5 stars

In a little over a month, Habbas & Associates secured the best possible settlement 
I could ever get.

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They helped me move forward with my case and get my sense of peace back.

Tiffany H. 5 out of 5 stars

I’m definitely going to recommend Habbas to all of my friends and family.

Young J. 5 out of 5 stars

Trusting my injury case with Habbas & Associates was the best decision ever! They made everything super easy and stress free.

Nate 5 out of 5 stars

I was in a car accident recently, and was referred to Habbas and Associates by my boss. I called and I spoke with Jessica who made everything so easy from the beginning. She kep...

I was in a car accident recently, and was referred to Habbas and Associates by my boss. I called and I spoke with Jessica who made everything so easy from the beginning. She kept me informed throughout the entire process with phone calls and emails. I really appreciate that she gave me the option to pick up my settlement check at either one of their offices or have it mailed to me. If you’re looking for a personal injury attorney, you should call Habbas & Assoc. i’m definitely going to recommend Habbas to all of my friends and family!

Lisa P. 5 out of 5 stars

We weren’t planning to get a lawyer, but on top of my daughter’s injury, the situation was overwhelming. Laura Ajlouny at Habbas was sympathetic, experienced and sha...

We weren’t planning to get a lawyer, but on top of my daughter’s injury, the situation was overwhelming. Laura Ajlouny at Habbas was sympathetic, experienced and sharp! She took care of handling both insurance companies, the police department, and getting all the info needed from the hospital. We ended up getting more compensation for my daughter’s distress than we would have on our own. And we only had to pay for legal fees out of the compensation we received. It was a no brainer. I wholeheartedly recommend Laura and her team.

Sasha S. 5 out of 5 stars

Great law firm they took my personal injury case on when other law firms would not and obtained a very good settlement. Very responsive throughout the process and addressed all ...

Great law firm they took my personal injury case on when other law firms would not and obtained a very good settlement. Very responsive throughout the process and addressed all my concerns in a timely fashion. I give them my highest recommendation.

Hasan A. 5 out of 5 stars

I hired Ms. Ajlouny to represent me as a pedestrian who was struck by a motor vehicle in October 2025. One of the reasons I hired her was because she had over 30 years of experi...

I hired Ms. Ajlouny to represent me as a pedestrian who was struck by a motor vehicle in October 2025. One of the reasons I hired her was because she had over 30 years of experience as a PI attorney. I have done over 30 years of paralegal work and I have learned that some of the best attorneys are those with the most experience. In a little over a month, Ms. Ajlouny secured the best possible settlement I could ever get. Statistics show that having a good PI attorney usually results in settlements that are 3 - 4 X greater than in pro per cases. I'd like to add that Ms. Ajlouny always kept me posted about my case and was very professional as well. Thank you and I hope my review helps.

5 out of 5 stars

Habbas & Associates were great as they helped me through an accident and injury case! We were dealing with Tesla insurance who were very slow but the Habbas attorneys stayed...

Habbas & Associates were great as they helped me through an accident and injury case! We were dealing with Tesla insurance who were very slow but the Habbas attorneys stayed vigilant and I eventually got paid out. Thanks to them and I would definitely recommend using them for your accident/injury claims!!

Abdullah A. 5 out of 5 stars

If you've got into an accident and want a lawyer that actually cares for your well-being then you need to go to Habbas & Associates! I've had an absolutely wonderful experience ...

If you've got into an accident and want a lawyer that actually cares for your well-being then you need to go to Habbas & Associates! I've had an absolutely wonderful experience with them and they were on the ball immediately with scheduling doctors appointment and gathering evidence of the accident. They maintained concerned about my health the whole time and always asked how I was doing during this process. They got me the absolute highest amount they could in my case and didn't let the at faults party defense lawyers talk them into taking substantially less amount. Thank you Habbas and Associates for all your hard work and care!

Ian G. 5 out of 5 stars

Laura Ajlouny and the Habbas & Associates team were supportive, attentive, and truly had my best interests at heart. They guided me through the process with care and profess...

Laura Ajlouny and the Habbas & Associates team were supportive, attentive, and truly had my best interests at heart. They guided me through the process with care and professionalism—and delivered results. Highly recommend!

Anonymous 5 out of 5 stars

If you got into an accident and want a lawyer that actually cares for your well-being then you need to go to Habbas & Associates. 

Ian G. 5 out of 5 stars

We ended up getting more compensation for my daughter’s distress than we would have on our own.

Sasha S. 5 out of 5 stars
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Call a San Jose Pedestrian Accident Lawyer Today!

With over 200 years of experience helping injury victims, Habbas & Associates is well-equipped to help you with your injury claim. Young children and elderly people are at the greatest risk for pedestrian accidents, and 4,000 elderly Americans were injured in pedestrian accidents last year alone. You can't afford to be without a strong legal advocate during this difficult time in your life, and our firm is waiting to provide you with the exceptional representation you deserve. Give us a call at (888) 387-4053 or fill out our contact form for a free consultation today!

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