San Jose Car Accident Lawyer

Location Address:

66 E. Santa Clara St, Suite 4
San Jose, CA 95113

If you’ve been injured in a car accident in San Jose and need legal help, our experienced attorneys are ready to assist you. This page is for San Jose and Northern California residents seeking guidance after a crash. We will help you understand your rights, what steps to take following the accident, and how California laws may impact your claim.

Attorney Jeff Car Accident Lawyer in Santa Clara County represents victims injured in motor vehicle accidents caused by someone else’s negligence. Our San Jose personal injury attorneys serve clients throughout the Bay Area, including Mountain View, Palo Alto, Santa Clara, and surrounding communities. As experienced Bay Area personal injury lawyers, we understand the challenges accident victims face, whether dealing with serious injuries, financial strain, or emotional trauma.

Discover how our award-winning legal team can maximize your personal injury claim by contacting us online or calling us at (409) 449-6897 for a free case assessment.

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?

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No upfront costs to you or your family. We strive to recover fair and equitable compensation for our clients.

Why You Need an Experienced Car Accident Attorney After a Crash

After a car crash, injured victims are often overwhelmed by the financial pressure of mounting medical expenses and lost wages. Unfortunately, insurance adjusters frequently exploit this vulnerable period in car accident victims’ lives to minimize the compensation owed. Here are the benefits legal representation provides.

Free Consultations and Contingency Fees

Our San Jose car accident lawyers offer a free case evaluation with no obligation to hire following the meeting. We also work on a contingency fee basis, so you pay no upfront legal fees. Additionally, clients owe no fees unless we successfully resolve their case. This makes it easier for accident victims to access the best legal help when they need it most.

Your Rights Are at Risk Without Legal Representation

Without proper legal representation from a qualified personal injury attorney in San Jose, California, victims risk incurring thousands in financial losses and being found liable for the incident. However, an experienced San Jose car accident lawyer ensures fairness throughout the case proceedings by protecting clients from the deceitful tactics of the opposing party’s insurance company.

Our Bay Area injury attorneys have extensive experience handling complex automobile accident cases throughout Santa Clara County and beyond. This includes Mountain View car accident cases, Palo Alto personal injury claims, Fremont bicycle accident litigation, and more.

The Invaluable Role of a Personal Injury Lawyer After a Motor Vehicle Collision

As a leading San Jose personal injury law firm, Attorney Jeff Car Accident Lawyer provides:

Maximize Insurance Claim Value: As experienced San Jose injury attorneys, we conduct detailed assessments of auto accidents to calculate the complete value of damages, including both current and future losses.
Prove Fault: Thoroughly review case details, perform independent investigations, and identify all liable parties, holding them financially responsible.
Case Management: Preserve crucial evidence, ensuring all necessary documents are filed within California’s statute of limitations to prevent the insurance claim from being dismissed.
Insurance Company Tactics: Our personal injury lawyers in San Jose manage all communication and negotiations with insurance companies to maintain fairness and case integrity.
Trial Representation: File lawsuits and litigate personal injury cases in court to recover fair compensation.

Choosing a car accident lawyer in San Jose should involve finding someone specialized in personal injury and familiar with local courts. Hiring a San Jose car accident lawyer can significantly benefit your case by protecting your rights and maximizing compensation. San Jose car accident lawyers can help clients navigate negotiations with insurance companies to ensure fair compensation.

How to Choose a San Jose Car Accident Lawyer

Selecting the right attorney is crucial to the legal recovery process. Here are key factors to consider:

Specialization: Choose a lawyer who specializes in personal injury and car accident cases, and who is familiar with the local San Jose courts and procedures.
Contingency Fee Basis: Many San Jose car accident lawyers work on a contingency fee basis, meaning you pay nothing unless they win compensation for you.
Free Consultation: Most car accident law firms in San Jose provide free initial consultations to evaluate your potential claim, with no obligation to hire their firm.
Experience with Insurance Companies: A skilled attorney can handle negotiations with insurance companies, ensuring you receive fair compensation.
Client-Focused Approach: Look for a lawyer who is responsive, communicative, and dedicated to maximizing your recovery.

Consulting with a car accident lawyer can significantly benefit your case, as they can navigate negotiations and ensure fair compensation is received.

How California’s Car Accident Laws Will Affect Your Accident Claim

California law provides important protections to car accident victims—but only if you know how to utilize them effectively. Understanding and following the California traffic laws is crucial for determining fault and liability in car accident cases. An experienced car accident attorney San Jose residents trust can help you file a claim with the insurance company and explain how to apply relevant personal injury laws to your advantage.

California’s Fault-Based System

California operates under a fault-based system for personal injury accidents. This means that the party at fault is responsible for covering damages and injuries resulting from the collision. The driver or entity found liable for an accident is financially responsible for all damages incurred by the victim.

San Jose’s particularly hazardous roadways, like Capitol Expressway and Tully Rd., especially during regular road construction, highlight the importance of understanding liability in local collisions.

This means that multiple parties can be liable for a car accident, including the City of San Jose for faulty road designs or maintenance. Our legal team investigates all potential sources of liability.

Comparative Fault in California

California follows a comparative negligence rule. This means that each party will be held responsible to some degree. 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 for distracted driving (e.g., texting), the initial $100,000 in damages will be reduced, resulting in a final award of $80,000.

When the Plaintiff (Victim) is Also at Fault

Insurance companies often try to reduce claim payouts by shifting a greater portion of the blame for an accident onto the victim.

Therefore, if a plaintiff bears any responsibility for causing the collision, the insurance company will attempt to assign as much fault as possible to the car accident victims. 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 injury attorney can present the necessary facts and evidence on your behalf, protecting the value of your case.

Statute of Limitations

Under California’s statute of limitations, a personal injury lawsuit must be filed within two years of the date of injury. However, if a government vehicle 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 recommended to initiate the claims process as soon as possible, which allows a timely collection and preservation of evidence before it is lost or destroyed. Our accident attorney in San Jose ensures all deadlines are met.

This approach also provides more time to gather witness statements while their recollection of the incident is still vivid. A third party’s account of the collision is invaluable and significantly strengthens a car accident claim.

Insurance Requirements

If an accident results in injuries or other damages, liability insurance should compensate the victim. The standard insurance policies should include property damage, bodily injury coverage, and death. 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 in San Jose, CA can advise on alternative options, such as filing a personal injury lawsuit against the at-fault driver to seek the remaining financial losses.

Types of Damages: Economic vs. Non-Economic

Economic damages are tangible costs associated with the accident, such as medical bills, lost wages, and property damage. Non-economic damages compensate for subjective impacts such as pain and suffering, emotional distress, and loss of enjoyment of life.

Understanding these laws is just the first step—knowing what to do immediately after an accident is equally important.

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

When an accident happens, 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 to protect your physical, financial, and mental well-being.

1. Prioritize Safety, Seek Medical Attention, and Retain Medical Records

Call 911 to report the auto accident and request emergency services for catastrophic injuries. Once at the accident scene, file a police report with the responding San Jose CHP Officer and ask for a reference number to obtain the accident report once it becomes available.

Seeking immediate medical care after an accident is crucial, even for what appear to be minor injuries, to prevent further complications and potential long-term issues. Only a medical professional can accurately assess injuries. Also, be sure to retain all medical records.

Timely medical treatments and proper documentation of injuries can also play a vital role in strengthening the legal claim and maximizing potential compensation.

2. Document Everything and Retain Medical Records

Take photos and videos of the accident scene. Be sure to include the damage to all involved vehicles, visible 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. Additionally, do not engage in further conversation with the other parties or their insurance companies. This prevents insurance adjusters from pressuring victims into providing misleading statements that can place them at fault or accepting an inadequate offer.

3. Contact a San Jose Lawyer

While legal representation is not always necessary, consulting an attorney as soon as possible will strengthen the car accident claim. Our San Jose car accident injury lawyer team provides immediate assistance.

An experienced attorney’s assessment and recommendations will provide insight into what to expect from insurance companies and outline available legal options, enabling victims to make the best decision based on their specific needs and circumstances.

Car Accident Cases Our Legal Team Specializes In

Car accidents are often caused by various factors, resulting in injuries and substantial property damage. As one of the top San Jose firms, we handle car accident cases involving the following types of incidents:

Head-On Collisions – Often resulting in fatal car accidents or catastrophic injuries requiring a San Jose spinal cord injury lawyer
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 Accidents/Side Impact Crashes – Occur when drivers fail to yield or run a red light
Motorcycle Accidents – Our motorcycle accident attorney in San Jose, CA handles various types of motorcycle collisions
Truck Accidents – Our truck accident lawyer in San Jose handles semi-truck and commercial vehicle crashes
Pedestrian Accidents – Our pedestrian accident attorney in San Jose protects vulnerable road users

Our experience with these types of cases allows us to provide comprehensive legal support for accident victims throughout the Bay Area.

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 various types of car crash scenarios. 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, affecting reaction time

Reckless Driving

Running red lights or stop signs, failing to follow traffic signs, or aggressive driving

Speeding

Disobeying traffic laws and exceeding the speed limit

Tailgating

Following too closely to another vehicle

Unlicensed Drivers

Lacking experience and unfamiliarity with traffic laws

Unsafe Lane Changes

Swerving in and out of lanes, failing to signal

Understanding the causes of car accidents can help you avoid common hazards and strengthen your claim if you are involved in a crash.

Our Bay Area Accident Lawyers Serve Communities Throughout Santa Clara County

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 entities.

Our San Jose law firm utilizes traffic reports, surveillance footage, witness testimony, and expert analysis from accident reconstructionists to establish the root cause of the collision. Our Bay Area accident lawyers serve communities throughout Santa Clara County and beyond.

Common Car Accident Injuries That Can Be Compensated

Injuries sustained from a minor or serious car crash may not be immediately apparent and may develop over time, encompassing both physical and non-physical harm. Common car accident injuries that our San Jose lawyers handle include, but are not limited to, the following.

Physical and Serious Injuries

Amputations
Back and neck injuries
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

Even injuries that appear “minor” can result in long-term pain and suffering. Additionally, the extensive medical expenses associated with these injuries, including surgeries, therapy, or assisted care, can be costly. Our compassionate San Jose law firm aggressively negotiates with the insurance companies to get our clients the full compensation they are rightfully entitled to.

The Importance of Seeking Medical Attention and Documenting Injuries

After a car accident, your health and your personal injury claim both depend on how thoroughly you document your injuries.

Even if you feel fine immediately after the crash, it’s crucial to seek medical attention as soon as possible, as some severe injuries, such as traumatic brain injuries or internal injuries from head-on crashes, may not show symptoms right away but can have life-threatening consequences.

A prompt medical evaluation not only protects your well-being but also creates a record that links your injuries to the incident. Keep detailed records of all medical bills, treatment, including doctors’ notes, prescriptions, physical therapy, and medical bills.

These documents are vital for supporting your personal injury claim and demonstrating the full extent of your losses. The other driver’s insurance company can argue that injuries were either minor or not sustained from the crash if you fail to retain these records.

Our dedicated legal team will help you organize this evidence and ensure nothing is overlooked, strengthening your case for maximum compensation.

What Personal Injury Victims Can Be Compensated for After an Accident

Personal injury compensation is intended to cover all damages and losses resulting from avoidable harm, tailored to the specific circumstances of each case. Our goal is to secure the full and fair compensation that injured clients deserve, accounting for the entirety of compensatory damages and other losses. This is typically categorized into the following types of 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, where the guilty party’s actions are found to be particularly reckless, such as a drunk driver, punitive damages may be awarded to punish the wrongdoer and deter similar misconduct in the future.

Car accidents can result in severe injuries that require extensive medical care, significantly impacting a victim’s quality of life and the legal process for seeking fair compensation. Legal representation simplifies the process, allowing victims to focus on what matters most—their recovery.

Who Is at Fault in a Car Accident?

In many car accident cases, the other driver is typically the at-fault party. However, some car accident cases may involve multiple liable parties. Our experienced attorneys in South San Jose Hills and the Bay Area can assist with the following complex cases:

Another driver, whether operating a car, motorcycle, or truck
Bar or restaurant that overserved an intoxicated driver
Employer for lack of training or due to vicarious liability
Government entities for road defects or poor maintenance
A rideshare company (e.g., Uber, Lyft)
Vehicle manufacturers, if a defect caused the crash

If a loved one is killed in a San Jose car crash due to another party’s negligence, surviving family members may be eligible to file a wrongful death claim. Our compassionate San Jose wrongful death attorneys provide professional legal representation throughout the entire claims process.

Depending on the circumstances, one or more parties may be held responsible. Our San Jose car accident lawyers conduct a thorough investigation to determine legal liability for the car accident and maximize available insurance coverage for your 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 crash, 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, including police reports, black box data, cell phone records, and eyewitness testimonies. This enables us to build a compelling car accident case, definitively establishing the other party’s negligence.

Frequently Asked Questions (FAQs)

How do I choose the right San Jose lawyer?

Choosing a car accident lawyer in San Jose should involve finding someone who is specialized in personal injury and familiar with the local courts. Look for a lawyer who offers a free consultation, works on a contingency fee basis (meaning you pay nothing unless you win), and has experience negotiating with insurance companies. Most San Jose car accident lawyers provide free consultations with no obligation to hire their firm. Hiring a San Jose car accident lawyer can significantly benefit your case by protecting your rights and maximizing compensation.

Do I need a San Jose 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. With a skilled personal injury lawyer handling the legal complexities, you can focus on your recovery while your legal team works to pursue compensation on your behalf.

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

Yes. You may be able to file a claim with your own insurance company 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. Our automobile accident attorney in San Jose can guide you through this process.

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 dependent on the severity of the suffered injuries, the extent of medical care, lost wages, property damage, 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, if the individual filing the claim is partially at fault for an accident, partial compensation may still be recovered. However, the awarded amount will be reduced by their assigned percentage of fault. For instance, if a victim is deemed 20% negligent due to not wearing a seatbelt, they will receive 80% of the initial award.

How long does a car accident case take to settle?

This will always vary. 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, cases involving a severe injury, requiring litigation, or involving multiple defendants can extend from 12 to 24 months.

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. Jeff Fayngor, Esq. and his award-winning firm have earned industry recognition, including being named one of USA Today’s Top 15 Attorneys and holding an Avvo 10.0 Superb Top Personal Injury Attorney ranking. Furthermore, Attorney Jeff Car Accident Lawyer maintains an A+ Rating from the BBB.

Our firm helps clients recover maximum compensation for their rideshare accidents through the following comprehensive legal services. 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 the car accident 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 a full and fair settlement—not just a quick payout.

How Much Do Car Accident Lawyers Charge?

Our firm works 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.

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

If you’ve been hurt in a car crash 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 a 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 experience with a winning track record
Responsive communication and personalized support
Local knowledge of Santa Clara County courts
Local expertise of the San Jose roads, judges, and insurance companies

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

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 course of action.

Other Cases Our Personal Injury Attorneys Specialize In

Our award-winning personal injury law firm in San Jose, CA also specializes in the following practice areas throughout the Bay Area and neighboring communities.

San Jose Area Practice Areas

San Jose Bicycle Accidents – Experienced San Jose bicycle accident representation
San Jose Dog Bite Cases – Protecting bite victims throughout Santa Clara County
San Jose Elder Abuse Claims – Advocating for vulnerable seniors throughout Northern California
San Jose Motorcycle Accidents – San Jose motorcycle accident attorneys provide comprehensive representation
San Jose Pedestrian Accidents – San Jose pedestrian accident attorneys protect vulnerable road users
San Jose Personal Injury Accidents – Personal injury attorney in San Jose specializing in tort and civil claims
San Jose Slip and Fall Accidents – San Jose slip and fall attorneys who handle premises liability claims
San Jose Truck Accidents – San Jose truck accident attorneys handle commercial vehicle crashes
San Jose Lyft and Uber Accidents – Rideshare accident representation for Uber and Lyft accidents
San Jose Workers’ Compensation Accidents – Workplace injury claims
San Jose Wrongful Death Claims – Wrongful death attorneys who also serve San Jose families

Serving Surrounding Bay Area Communities

Car Accident Attorney- Mountain View

Our personal injury law firm offers comprehensive legal services to communities throughout the greater Bay Area. Specifically, our experienced car accident lawyers and attorneys in Mountain View offer dedicated representation for automobile accidents in this thriving tech hub. Our Mountain View car accident and automobile accident specialists are familiar with the unique traffic challenges of this innovative community. Furthermore, our Mountain View pedestrian accident lawyer offers essential protection for vulnerable road users navigating the busy streets.

Car Accident Attorney – Palo Alto

Our dedicated law firm provides comprehensive representation for residents of Palo Alto, CA. If you are seeking an experienced Palo Alto car accident lawyer, a Palo Alto personal injury attorney, or a Palo Alto wrongful death attorney, our law firm is available to support you and your family during this difficult time, offering aggressive legal advocacy and local expertise.

Car Accident Attorney – Santa Clara

In Santa Clara, our legal team provides comprehensive services for a wide range of injury cases. Our Santa Clara auto accident lawyers specialize in motor vehicle collisions. This includes specialized representation from our Santa Clara car accident lawyers. For those with serious injuries, our brain injury lawyer in Santa Clara provides expert guidance for traumatic brain injury victims. Additionally, our Santa Clara wrongful death lawyer offers compassionate support and will seek justice for grieving families.

Personal Injury Attorneys – Bay Area

We also proudly serve Milpitas, where our car accident lawyer team provides local representation for this growing city’s accident victims. In Fremont, our Fremont bicycle accident attorney and Fremont bicycle accident lawyer teams are dedicated to protecting cyclists who have been injured in collisions with motor vehicles. Our San Mateo office is home to a San Mateo bicycle accident lawyer who serves the unique needs of the cycling population in this coastal community. Our accident lawyers in Sunnyvale also provide local representation for personal injury victims throughout the community.

Personal Injury Attorneys – South San Jose Hills

Our experienced team is dedicated to serving the Los Gatos area, providing expert and compassionate legal representation for serious injury cases. Furthermore, clients in the South San Jose Hills area can rely on our skilled accident lawyers to handle the complex litigation arising from commercial vehicle crashes.

Schedule a Free Case Evaluation with Our California Law Firm

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. Contact us and 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 personal injury accident with our compassionate car accident attorneys 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.