Many San Jose and Santa Clara residents understand that driving on today's roads requires a driver to pay attention to a myriad of signals, signs and potential dangers. In addition to other drivers speeding around turns and changing lanes, a driver must also be aware of those not in vehicles in order to prevent pedestrian accidents. Unfortunately, a recent vehicle-pedestrian collision occurred in California.
A pedestrian was hit and injured on a Wednesday during the morning hours, leaving him with injuries that were life-threatening. He was taken to the hospital. The male was not identified and only a baseball cap and pool of blood were left behind at the scene of the accident. The driver of the vehicle, whose identity was not reported, fortunately did stop and is reported to be cooperating with the investigation. It is not yet known if the pedestrian was in the crosswalk.
Whether it's a Santa Clara or a San Jose car accident, the accident victims may have legal recourse if the driver was negligent in his or her actions. After an accident has occurred, victims are encouraged to record the incident with as much detail as they can. For instance, victims should obtain notes on conversations with potential witnesses and others involved in the accident as well as get their names and contact information. They should also get any other evidence such as the details on medical treatment.
Drivers have a duty to obey the traffic laws and signals, and failure to do so might be deemed as negligence by a court of law. If a court does find in favor of a pedestrian victim, money awarded could include medical costs, lost wages and pain and suffering. Experienced attorneys can assist with determining the proper amount to seek in a pedestrian accident lawsuit.
It is unclear what, if any, charges may be brought against the driver in the above accident. The immediate concern is for the victim still recovering in the hospital.
Source: CBS SF Bay Area, "Pedestrian Hit By Car, Severely Injured In SF Outer Mission District," Jeffrey Schaub, March 13, 2013
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