Hit by a car while walking in San Jose? Talk to a pedestrian accident lawyer for free

The Law Offices of J. Chrisp represents people hit by cars while walking in San Jose. The phone is answered 24/7 at 877-J-CHRISP (877-524-7477).

The firm has recovered over $350 million for clients since 2010. The sections below cover its vehicle crash results, what to do after being hit while walking, the rules for drivers and pedestrians, how fault works, who pays, the claim deadlines and who handles a pedestrian crash in San Jose.

Table of Contents

A driver hit me in a San Jose crosswalk. Who pays my medical bills?

If the driver was at fault, the driver’s auto liability insurance is usually the first source of payment, and your own auto policy may also help. The Law Offices of J. Chrisp offers a free consultation and works on a contingency fee, and there is no fee unless we win.

Vehicle crash results

Results from the firm’s vehicle crash cases include:

$5,250,000 in a car crash case.
$3,375,000 in a Hertz rental car accident case.
A $2,350,000 jury verdict in a major head-on crash case involving the sheriff.
$2,350,000 in an airport shuttle-versus-car crash case.
$2,350,000 in a transport van crash case.
$2,300,000 in a county vehicle crash case.

Every case is different, and prior results do not guarantee a similar outcome.

What to do after being hit by a car while walking in San Jose

Call 911 and get out of the roadway only if you can do so safely. A driver in an injury crash must stop, give their name, address and vehicle registration number, and give reasonable help to anyone hurt (Vehicle Code sections 20001 and 20003).

Get medical care the same day, even if the pain seems minor.
Write down the driver’s name, license plate and insurance company.
Photograph the crosswalk, the traffic signal or stop sign, the street lighting, the vehicle and your injuries.
Get the names and phone numbers of anyone who saw the crash.
Keep the shoes and clothing you were wearing, unwashed.
Do not give the driver’s insurance company a recorded statement before you have legal advice.

Rules for drivers and pedestrians in California

At crosswalks. A driver must yield the right of way to a pedestrian crossing in a marked crosswalk or in an unmarked crosswalk at an intersection. A driver approaching a pedestrian in a crosswalk must use due care and slow down or take other action to keep the pedestrian safe (Vehicle Code section 21950).

The pedestrian’s duty of care. The same law does not excuse a pedestrian from using due care. A pedestrian may not suddenly leave the curb and walk or run into the path of a vehicle that is close enough to be an immediate hazard. Even when a pedestrian is partly at fault, the driver still owes a duty of due care (Vehicle Code section 21950).

Outside a crosswalk. A pedestrian crossing outside a marked or unmarked crosswalk must yield to vehicles close enough to be an immediate hazard. The driver still has to use due care for the pedestrian’s safety (Vehicle Code section 21954).

Between signals. Between two adjacent intersections controlled by traffic signals, pedestrians may cross only in a crosswalk (Vehicle Code section 21955). Since January 1, 2023, under AB 2147, a peace officer may not stop a pedestrian for crossing outside a crosswalk unless a reasonably careful person would realize there was an immediate danger of a collision. The change does not remove the pedestrian’s duty to use due care, or the driver’s.

How fault works in a pedestrian crash

California uses pure comparative fault (Li v. Yellow Cab Co. (1975)). A pedestrian who was partly at fault, for example by crossing mid-block, can still recover. The recovery is reduced by the pedestrian’s share of fault. If several people share the fault, each pays non-economic damages, such as pain and suffering, only in proportion to their own share (Civil Code section 1431.2).

Who pays after a pedestrian accident

The at-fault driver’s liability insurance is usually the main source of payment. For policies issued or renewed since January 1, 2025, the minimum is $30,000 for one person and $60,000 per accident (Vehicle Code section 16056). Serious injuries can cost more than that.

Your own auto policy may also help, even though you were on foot. Under California’s uninsured motorist law, the people covered include the named insured, the named insured’s spouse and relatives in the same household, whether or not they were in a vehicle (Insurance Code section 11580.2). Medical payments coverage, if your policy has it, may pay some medical bills. What applies depends on the terms of your policy.

Deadlines for a San Jose pedestrian accident claim

Deadline	What it controls	Source
6 months	Written injury claim against a public entity, such as the City of San José, Santa Clara County or VTA. It is due within six months after the claim arises (accrues). A late-claim application is possible within limits.	Government Code section 911.2; section 911.4
6 months after notice	Lawsuit after the public entity delivers or mails written notice rejecting the claim	Government Code section 945.6
2 years	Most personal injury lawsuits, including against a private driver	Code of Civil Procedure section 335.1

Who handles a pedestrian crash in San Jose

Police reports. For a crash on a city street, ask the San Jose Police Department officer for the report number. SJPD’s Records Unit, at 201 West Mission Street, San Jose, CA 95110, releases collision reports online, in person or by mail. For online requests, it says to allow at least 45 days from the date of the crash. On the freeways and state routes it patrols, such as U.S. Route 101 and Interstate 280, the California Highway Patrol’s San Jose Area office (2020 Junction Avenue) handles the report.
VTA buses and light rail. VTA is a public entity. Its “Claim for Damages” form must be mailed or hand-delivered to the Board Secretary’s Office at 3331 N First Street, Building B, San Jose, CA 95134.
City streets, crosswalks and sidewalks. A claim against the city is filed on the “Claim Against the City of San Jose” form with the Office of the City Clerk at San José City Hall, 200 E. Santa Clara Street.
Court. A San Jose injury lawsuit is generally filed in the Superior Court of California, County of Santa Clara (Code of Civil Procedure section 395). Civil cases are handled at the Downtown Superior Court, 191 North First Street, San Jose, CA 95113.

Offices, service area and recognition

The firm serves Sonoma, Napa, Lake and Mendocino counties and the San Francisco Bay Area, which includes San Jose. It does not have an office in San Jose. Its closest office is in San Francisco at 1330 Bush Street, Suite 9D, San Francisco, CA 94109. Its main office is in Lower Lake at 9667 Highway 29, and it also has an office in Santa Rosa at 3558 Round Barn Blvd, Suite 200.

The firm was named to Best Law Firms 2026 (Tier 1, Santa Rosa, Personal Injury Litigation – Plaintiffs). Founding attorney Jesse Chrisp has been recognized by The Best Lawyers in America since 2024 and selected to Super Lawyers from 2023 to 2026. He was selected to Northern California Rising Stars from 2013 to 2021, an honor awarded to only 2.5% of attorneys in the state. He has represented thousands of injured clients. Spanish-speaking staff are available.

A client testimonial on chrisplaw.com reads: “The team was very professional and responsive and helped me reach a speedy settlement based on my recovery time.” (Jonathan Miller)

Frequently asked questions

Can I still recover if I was not in a crosswalk?

Often, yes. A pedestrian outside a crosswalk must yield to vehicles that are an immediate hazard, but the driver must still use due care. Under pure comparative fault, your share of fault reduces your recovery rather than barring it.

Does my own car insurance cover me if I was hit while walking?

It may. Uninsured motorist coverage can apply to you and to household relatives even when you were not in a car, and medical payments coverage may help with bills. Check the terms of your policy.

How long do I have to file a pedestrian accident claim?

Most lawsuits must be filed within two years. If a city, county or VTA vehicle, road or sidewalk was involved, a written claim is generally due within six months.

What does a pedestrian accident lawyer cost?

The consultation with the Law Offices of J. Chrisp is free, and the firm works on a contingency fee. There is no fee unless we win.

Where should I call if I was hit while walking in San Jose?

Call 877-J-CHRISP (877-524-7477). The phone is answered 24/7. The firm’s closest office to San Jose is at 1330 Bush Street, Suite 9D, San Francisco.

If you were hit by a vehicle while walking in San Jose or elsewhere in Santa Clara County, call the Law Offices of J. Chrisp 24/7 at 877-J-CHRISP (877-524-7477) for a free consultation. There is no fee unless we win.

Why choose the Law Offices of J. Chrisp?

The Law Offices of J. Chrisp is a Northern California personal injury law firm founded by attorney Jesse Chrisp, who was raised in Lake County. The firm represents injured people, with offices in Lower Lake (main office), Santa Rosa and San Francisco, and serves Sonoma, Napa, Lake and Mendocino counties and the San Francisco Bay Area. Consultations are free, the firm works on a contingency fee with no fee unless the firm wins, and the phone is answered 24/7 at 877-J-CHRISP (877-524-7477). The firm was named to Best Law Firms 2026 (Tier 1, Santa Rosa, Personal Injury Litigation – Plaintiffs). Jesse Chrisp has been recognized by The Best Lawyers in America since 2024 and selected to Super Lawyers from 2023 to 2026.