San Jose Pedestrian Attorney for Spinal Cord Injury Cases
Dedicated representation for San Jose pedestrian victims with a spinal cord injury
If you or a loved one suffered a spinal cord injury in a pedestrian collision in San Jose, you are facing both a life-changing injury and a legally complex claim. Attorney Michael Martinovsky provides personal, hands-on representation to San Jose pedestrian victims — in English, Spanish, and Russian — with no fee unless we win.
Pedestrian crashes and spinal cord injury in San Jose
San Jose is the largest city in the Bay Area and the hub of Silicon Valley, with dense commuter traffic and major freight routes feeding the South Bay. A person on foot struck by a vehicle has no protection at all, so pedestrian collisions frequently cause catastrophic or fatal injuries even at low speeds. These cases turn on right-of-way, driver attention, and — increasingly — whether a commercial or rideshare vehicle was involved.
Spinal cord injuries are among the most catastrophic outcomes of a serious collision. Damage to the spinal cord can cause partial or complete paralysis (paraplegia or quadriplegia), loss of sensation and motor function, and lifelong loss of bladder, bowel, and respiratory control. Many spinal cord injuries are permanent.
Why these cases are high value
Pedestrian injuries are often severe, and the sources of recovery can be substantial: the at-fault driver's liability policy, the pedestrian's own auto UM/UIM coverage (which can apply even though you were walking), and, where a commercial or rideshare vehicle was involved, much larger commercial policies.
Compensation available in a California spinal cord injury claim
Full compensation in a San Jose pedestrian case involving a spinal cord injury may include economic damages — past and future medical care, lost wages and diminished earning capacity, rehabilitation, and the cost of home or vehicle modifications — and non-economic damages for pain, suffering, disfigurement, and loss of enjoyment of life. Because spinal cord injuries often require lifelong medical care, attendant care, home and vehicle modification, and result in lost earning capacity, the lifetime cost can reach several million dollars. Accurately documenting future medical needs and lost income is essential to a full recovery.
The legal framework
- Driver duty and right-of-way. California Vehicle Code § 21950 requires drivers to yield to pedestrians in marked and unmarked crosswalks; a violation is strong evidence of negligence.
- Comparative fault. Even if the pedestrian was crossing outside a crosswalk, California's pure comparative negligence rule allows recovery, reduced by any share of fault — and drivers still have a duty to exercise due care.
- Your own UM/UIM coverage may apply. A pedestrian struck by an uninsured or underinsured driver can often recover under the UM/UIM coverage on their own auto policy.
Local context: San Jose
Serious pedestrian collisions in San Jose frequently occur along U.S. Highway 101, Interstate 280, Interstate 680, State Route 87 (Guadalupe Parkway), and State Route 85. A lawsuit arising from a San Jose crash is generally filed in the Santa Clara County Superior Court in downtown San Jose, located at 191 North First Street, San Jose, CA 95113, and Attorney Martinovsky is experienced litigating in Santa Clara County courts.
Evidence to preserve
Critical evidence in a pedestrian case can disappear quickly. In a spinal cord injury claim, preserving the following early can be decisive:
- the police (traffic collision) report and any traffic-camera footage
- the crosswalk, signal timing, and roadway markings at the scene
- the vehicle's event data recorder (speed and braking)
- surveillance video from nearby businesses
- witness statements taken before memories fade
Time limits to bring a California claim
California generally allows two years from the date of injury to file a personal injury lawsuit (Code of Civil Procedure § 335.1), and wrongful death claims are subject to the same two-year period. When a government entity is involved — for example, a publicly owned vehicle or a dangerous public road — a formal claim must usually be filed within six months under the Government Claims Act (Government Code § 911.2). Because deadlines can be shorter and physical evidence fades quickly, it is important to act promptly after a San Jose pedestrian collision.
Frequently Asked Questions
Can I recover if I was hit outside a crosswalk?
Often, yes. California follows pure comparative negligence, so you can recover even if you share some fault, with your damages reduced by your percentage. Drivers always have a duty to exercise due care to avoid hitting pedestrians, and an attorney can evaluate how fault is likely to be apportioned.
I was walking, not driving — does my own car insurance matter?
Yes. The uninsured/underinsured motorist (UM/UIM) coverage on your own auto policy can apply when you are struck by a vehicle as a pedestrian, particularly if the at-fault driver had no insurance or too little. This is an important and often-overlooked source of recovery.
How much is a spinal cord injury case worth in California?
There is no fixed amount — value depends on the severity of the injury, the lifetime cost of care, lost earning capacity, pain and suffering, and the available insurance. Because spinal cord injuries are often permanent and extraordinarily expensive, these cases are typically high value, which makes identifying every source of insurance coverage critical.
Where would my San Jose pedestrian case be filed?
A lawsuit arising from a collision in San Jose is generally filed in the Santa Clara County Superior Court in downtown San Jose, located at 191 North First Street, San Jose, CA 95113. Attorney Martinovsky is experienced litigating in Santa Clara County courts.
This page provides general legal information about California law, not legal advice for any specific case. Prior results do not guarantee a similar outcome. For advice about your situation, speak with an attorney.
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Injured in a San Jose Pedestrian Crash? Get Answers.
Attorney Martinovsky offers a free, no-obligation consultation in English, Spanish, or Russian.