San Jose Car Accident Lawyer

Attorney Jeff Car Accident Lawyer in Santa Clara County represents victims injured in motor vehicle accidents caused by someone else’s negligence. Whether dealing with serious injuries, financial strain, or emotional trauma, our San Jose car accident lawyers are here to support your needs.

Discover how our award-winning legal team can maximize your personal injury claim by scheduling a free consultation or calling us at (409) 449-6897.

Why Hiring a Car Accident Lawyer Is Necessary
What You Need to Do After a Car Accident
Common Car Accident Injuries That Can Be Compensated
What Can Be Recovered in a Car Accident Claim?
Who Can Be Found Liable in a Car Accident?
How Is Fault Proven in a Car Accident Case?

Why You Need an Experienced Car Accident Attorney After a Crash

Your Rights Are at Risk Without Legal Representation

The chaos following a car crash often leaves injured victims feeling overwhelmed due to medical expenses and lost income rapidly accumulating. With a goal to minimize payouts, insurance companies frequently take advantage of this vulnerable period.

Without proper legal representation from an experienced San Jose car accident lawyer, victims risk incurring thousands in financial losses and even liability for the incident.

However, a skilled personal injury lawyer ensures fairness throughout the case proceedings by protecting clients from insurance tactics.

The Invaluable Role of a Car Accident Attorney

Maximize Insurance Claim Value: Detailed assessment of the auto accident to calculate the complete value of damages, including both current and future losses
Prove Fault: Thoroughly review case details and investigate the crash to identify all liable parties
Case Management: Preserve crucial evidence, ensuring all necessary documents are filed within California’s statute of limitations to avoid jeopardizing the case
Protect Against Insurance Tactics: Manage all communication and negotiations to maintain fairness and case integrity
Trial Representation: File a car accident lawsuit and litigate the case in court to recover fair compensation

How Our San Jose Car Accident Lawyers Will Help You

Choosing the right San Jose car accident attorney can significantly impact the outcome of a case. Here’s how Attorney Jeff Car Accident Lawyer supports our clients:

Free consultation with zero obligation to retain our legal services after
No upfront legal fees, as we only operate on a contingency-fee basis
Maximize settlement through a thorough investigation and evidence gathering
Case management, from court filings to scheduling follow-up medical appointments
Aggressive negotiations with the insurance company to prevent inadequate offers
Trial representation to recover the maximum compensation for clients

We never rush to settle unless it’s in your best interest. Our job is to get you maximum compensation—not just a quick payout.

How Much Does It Cost to Hire a Car Accident Lawyer?

We work on a contingency fee basis, meaning you incur no upfront charges or hourly billing. Instead, compensation for our services is only collected if we successfully recover a fair settlement or verdict on your behalf. Otherwise, you owe us nothing. That’s our guarantee.

How California’s Car Accident Laws Will Affect Your Case

California law provides important protections to car accident victims—but only if you know how to effectively utilize them. An experienced San Jose car accident lawyer can help you understand how to apply the following laws.

California Is an “At-Fault” State

The state operates under a fault-based system, meaning that the driver or entity found liable for an accident is financially responsible for all corresponding damages to the victim. This means that multiple parties can be liable for a San Jose car accident.

Pure Comparative Negligence

Because California operates under an “at-fault” system, the pure comparative negligence rule is sometimes applicable. Consequently, all responsible parties are held liable–including the individual filing the claim.

Compensation may still be pursued if the claimant is also found partially negligent. However, the awarded amount will be proportionally reduced based on the degree of fault.

For instance, if the claimant is found to be 20% responsible, the initial $100,000 in damages will be reduced, resulting in a final award of $80,000.

When Fault Is Shared

Insurance companies frequently attempt to inflate the accident victim’s percentage of fault to reduce payouts. Consequently, if the claimant was partially responsible for causing an accident, the insurance company will strive to assign as much blame as possible.

In such situations, it’s crucial not to provide recorded statements to the other driver’s insurance company or to speculate about fault. You are not legally required to do so. Instead, a San Jose car accident attorney can present the necessary facts and evidence on your behalf.

The Statute of Limitations

A personal injury lawsuit must be filed within two years from the date of injury. However, if a government agency or entity is involved, the filing period is reduced to just six months. Failing to meet the deadline will likely result in the dismissal of the case.

it is strongly reccommended to file as soon as possible for the timely collection and preservation of evidence before it is lost or destroyed. This approach also allows for timely witness interviews, ensuring their recollections of the car accident are still vivid.

Insurance Requirments

If a policyholder causes an accident that results in injuries or other damages, liability insurance provides compensation to the victim. All California drivers are required to carry liability car insurance, with a minimum of:

$30,000 for injury/death to one person
$60,000 for injury/death to more than one person
$15,000 for damage to property

If damages exceed the policy limit, the victim may be left covering the remaining expenses out of pocket. However, an experienced personal injury lawyer can advise alternative options, such as filing a personal injury lawsuit against the at-fault driver for compensation.

What To Do After a Car Accident in San Jose, CA

The prompt actions taken after a car crash can significantly impact health, recovery, and legal outcomes. Here is what to do after a car accident.

1. Prioritize Safety and Medical Treatment

Call 911 to report the auto accident and file a police report. Ask the responding CHP officer for a reference number to obtain the accident report once it becomes available.

Seek immediate medical attention even if injuries seem minor; only a medical professional can accurately assess injuries. Also, be sure to retain all medical records.

2. Document Everything

Take photos and videos of the accident scene, including the damage to all vehicles involved, injuries, skid marks, road signs, and other details that indicate what happened. Also, collect a statement and contact information from witnesses.

Exchange insurance and contact details with other parties involved, but keep further conversation to a minimum. Additionally, avoid providing a recorded statement to the other driver’s insurance company.

3. Contact a San Jose Car Accident Attorney

While legal representation is not always necessary, the sooner an attorney is consulted, the stronger the car accident claim.

An attorney’s assessment and recommendations will provide insight into what to expect from insurance companies and outline available legal options.

Car Accident Cases Our Law Firm Specializes In

Car accidents are caused by various factors, often leading to serious injuries and significant damages. We handle car accident cases involving, but are not limited to, the following:

Head-On Collisions – Often resulting in fatal car accidents or catastrophic injuries
Hit-and-Runs – Other methods of compensation, even when a driver flees the scene
Multi-Vehicle Pileups – Common on freeways like I-280 and Highway 101
Rear-End Collisions – Often caused by distracted drivers or tailgating
Rollover Accidents – Typically a result of speeding or making a sharp turn
T-Bone/Side Impact Crashes – Common at intersections when running a red light

Common Causes of San Jose Car Accidents

Our personal injury law firm has successfully represented clients in a wide range of auto accident cases, encompassing nearly every type of car crash scenario. The most common causes include the following:

Distracted driving – texting, GPS use, other cellphone use, eating, applying makeup
Driving under the influence – drunk driving or intoxicated driving from prescribed or illegal drug use
Fatigued driving – equivalent to driving under the influence
Reckless driving – running red lights or stop signs, failing to follow traffic signs
Speeding – exceeding the speed limit or aggressive driving
Tailgating – following too closely to another vehicle
Unlicensed drivers – lacking experience
Unsafe lane changes – swerving in and out of lanes, failing to signal

An experienced personal injury lawyer is crucial for investigating case details to accurately assess liability, as it can extend beyond the driver to include employers, vehicle manufacturers, or government agencies.

Our firm investigates the root cause of each case, utilizing police reports, surveillance footage, witness testimony, and expert analysis from accident reconstructionists.

Common Car Accident Injuries That Can Be Compensated

Injuries sustained from a car crash may be immediately apparent or develop over time, encompassing both physical and non-physical harm.

Even injuries that appear “minor” can result in long-term pain, lost income, and reduced quality of life. Our compassionate legal team supports clients, addressing the full severity of injury, including the following.

Physical Injuries

Amputations
Broken bones and fractures
Burn injuries and permanent scarring
Herniated discs
Internal injuries – bleeding and organ damage
Soft tissue injuries – whiplash, sprains, strains
Spinal cord injuries and paralysis
Traumatic brain injuries (TBI)
Whiplash and soft tissue injuries

Emotional and Psychological Injuries

Anxiety
Depression
Emotional trauma
Post-traumatic stress disorder (PTSD)
Loss of consortium or companionship
Loss of enjoyment of life

The extensive medical expenses associated with these injuries—including long-term care, surgeries, therapy, or assistive care—can be overwhelming. We are committed to securing the full compensation you deserve.

What Can Be Compensated in a Car Accident Case?

Our goal is to secure the full and fair compensation that injured clients deserve, accounting for the entirety of their losses. This is typically categorized into economic and non-economic damages.

Economic Damages (Quantifiable Losses)

Current medical treatment and future medical bills
Emergency room and hospitalization costs
In-home care or disability accommodations
Lost wages and loss of future earning capacity
Other out-of-pocket expenses – transportation, childcare, etc.
Physical therapy and rehabilitation
Prescription medications and medical devices
Property damage – vehicle repairs/replacements, other personal property

Non-Economic Damages (Intangible Losses)

Disfigurement or disability
Emotional distress
Loss of companionship or consortium
Loss of enjoyment of life
Pain and Suffering

Punitive Damages

In cases involving gross negligence, such as a drunk driver, punitive damages may be awarded to punish the wrongdoer and deter similar misconduct in the future.

Who Is at Fault in a Car Accident?

In many car accident cases, the other driver is the at-fault party. However, any party found “negligent” may be held liable, and this can sometimes include the following:

Another driver

Bar or restaurant that overserved an intoxicated driver
Employer of a commercial or truck driver
Government entities for road defects or poor maintenance
A rideshare company (e.g., Uber, Lyft)
Vehicle manufacturers if a defect caused the crash

Depending on the circumstances, one or more parties may be held responsible. Our San Jose personal injury lawyers conduct a thorough investigation to determine liability for the car accident and maximize available insurance coverage for your personal injury claim.

How Is Liability Proven in a Car Accident Case?

In order to prove that the other driver or party is at fault for the car accident, the four elements of negligence must be established.

Duty of care – The defendant owed a legal duty to act in a reasonably safe manner to avoid harming others.
Breach of duty – The defendant violated the duty of care by engaging in reckless acts, such as speeding or drinking and driving.
Causation – The defendant’s actions were a direct cause of the accident that resulted in injury to the victim.
Damages – The victim sustained economic and/or non-economic losses as a result of the motor vehicle accident.

Our legal team conducts thorough investigations, compiling essential evidence such as police reports, black box data, cellphone records, and eyewitness testimonies. This enables us to build a compelling car accident case, definitively establishing the other party’s negligence.

Frequently Asked Questions

Do I need a car accident lawyer for a minor crash?

Not for every case. Even seemingly “minor” accidents can lead to substantial damages. To assess your case’s true value and determine if legal representation is needed, it’s always advisable to schedule an initial consultation with a San Jose personal injury lawyer, which is typically free.

Can I be compensated for a hit-and-run accident?

Yes. You may file a claim under your own insurance if underinsured/uninsured motorist coverage is part of your policy. Another option is to continue investigating the accident until the at-fault driver is identified. UM/UIM coverage may also be utilized if the at-fault driver does not have insurance or has a policy that does not cover the full extent of damages.

How much is my car accident case worth?

A free case evaluation with a personal injury attorney can provide an estimate of case value. Typically, the car accident settlement amount is contingent upon the severity of car accident injuries, the extent of medical bills, incurred income loss, and potential pain and suffering. Ultimately, the greater the damages of a serious car accident, the higher the case value.

Can I still recover compensation if I was partially at fault?

Yes. Under California’s comparative fault laws, plaintiffs who are partially at fault for an accident can still seek compensation. However, the compensation they receive will be reduced by their assigned percentage of fault. For instance, if a victim is deemed 20% negligent for their injuries due to not wearing a seatbelt, they will receive 80% of the total award.

How long does a car accident case take to settle?

Some cases settle in a few months, while others may take a year or more if they proceed to trial. Cases involving minor to moderate injuries, with clear or partially disputed liability, typically settle within 4 to 12 months. However, serious injury cases that may require litigation or involve multiple defendants can extend from 12 to 24 months.

Get the Legal Support You Deserve After a Crash in San Jose, CA

If you’ve been hurt in a car accident due to someone else’s negligence, it’s vital to seek legal guidance as soon as possible. Delays can make it more difficult to collect evidence and obtain witness statements, ultimately weakening your car accident claim.

Allow us to guide you through the legal process. Our San Jose car accident lawyers offer the following benefits.

Millions recovered in verdicts and settlements
Trial-tested attorneys with a winning track record
Responsive communication and personalized support
Local knowledge of Santa Clara County courts
Local experience of the San Jose roads, judges, and insurance companies

Our San Jose personal injury law firm assists victims of automobile accidents in Santa Clara County to recover compensation, leveraging our comprehensive understanding of local judicial procedures, insurance company strategies, and effective litigation tactics.

Contact our San Jose personal injury attorneys today for a free, no-obligation consultation. We’ll explain your rights, evaluate your claim, and help you understand your best path forward.

Other Cases Our Personal Injury Attorneys Handle

Our award-winning personal injury law firm in San Jose, CA also specializes in the following practice areas:

San Jose Bicycle Accidents
San Jose Dog Bite Cases
San Jose Motorcycle Accidents
San Jose Pedestrian Accidents
San Jose Personal Injury Accidents
San Jose Slip and Fall Accidents
San Jose Truck Accidents
San Jose Lyft and Uber Accidents
San Jose Workers’ Compensation Claims
San Jose Wrongful Death Claims

Schedule a Free Consultation with a Car Accident Lawyer Near You

Our personal injury attorneys can help evaluate your car accident claim and pursue the maximum recovery you are entitled to. After an accident, Jeff’s got you. Schedule your free case evaluation today.

Address: 66 E. Santa Clara St. Suite 4, San Jose, CA 95113
Phone Number: (409) 449-6897

Attorney Jeff Car Accident Lawyer’s Other Locations

We have law offices throughout California. Schedule a free consultation at the office nearest you to discuss your case with one of our personal injury lawyers today.

Our firm takes pride in helping injured clients rebuild their lives after devastating car accidents. We’re available 24/7 to answer your questions and guide you forward.