On Behalf of | Apr 25, 2019 | Criminal Defense |

How to Defend Against Pedestrian Accident Charges

San Jose has experienced a rash of pedestrian accidents recently, all of which have citizens and law enforcement officials concerned. Motorists involved in these accidents may claim that the person stepped in front of their vehicle or that they did not see the pedestrian until it was too late to stop. These may be valid defenses, but guilt is often presumed in the court of public opinion and before the circumstances surrounding the case are fully revealed. In these situations, you need an experienced San Jose criminal defense attorney on your side to help you avoid the potentially serious penalties you could be facing.

Pedestrian Hit and Run Latest to Plague Bay Area

Another deadly pedestrian accident occurred in South San Jose in January. There were three other pedestrian fatalities that month, in addition to several other incidents which resulted in serious injuries. Unfortunately, in collisions with motor vehicles, the impact on pedestrians is often severe. In the South San Jose case, the driver who hit the victim slowed down but then fled the scene.

Any time an accident occurs resulting in injuries or property damages, drivers are required to stop at the scene. Not doing so will result in criminal charges. Due to the combined efforts of law enforcement in gathering evidence and witness statements and in spreading the word among the general public and automotive repair shops, the driver is almost always apprehended. Under the California Vehicle Code, leaving the scene of an accident resulting in injuries or death to another driver or a pedestrian is a felony offense which could result in an automatic jail sentence.

Defenses in Hit and Run Accidents

One of the most common reasons why drivers flee the scene is panic. They may be driving on an expired or suspended license, be under the influence of drugs or alcohol, or in the country illegally, or they may simply be in shock and fear the potential consequences of their actions. However, leaving the scene makes the situation that much worse. In many cases, there are valid defenses our attorneys can use to help you avoid a conviction and a possible jail sentence. Depending on the situation, these may include:

  • The pedestrian was walking along the roadway, as opposed to on the sidewalk;
  • The pedestrian failed to yield to traffic or did not cross at a designated intersection;
  • The pedestrian suddenly left the curb, not giving you time to stop your vehicle; or
  • Poor lighting, adverse weather conditions, or curves in the road impacted visibility, prevented you from seeing the person before the accident occurred.

Contact Our San Jose, CA Pedestrian Accident Attorneys Today

At the Jachimowicz Law Group, we provide the strong legal defense you need when charged with motor vehicle crimes. If you have been involved in a pedestrian accident, you need immediate legal guidance. Call 408-550-1732 or contact our dedicated San Jose, CA pedestrian accident lawyers online and request a free consultation right away.