San Jose Car Accident Lawyer

San Jose Car Accident Statistics

The City of San Jose reports that, over a recent four-year period, 24,565 traffic accidents occurred in the San Jose area. In those crashes, 15,456 people sustained injuries, with 1,065 suffering severe injuries. Additionally, 278 people died in auto accidents.

Some of the most dangerous roads in San Jose for serious and fatal car accidents include:

• Almaden Expressway
• Capitol Expressway
• Highway 17
• I-280
• U.S. Highway 101

Other roads and intersections throughout San Jose also see considerable numbers of auto accidents, including Mount Hamilton Road, Alpine Road, and Pacheco Pass.

What Are the Main Causes of Car Accidents in San Jose?

Car accidents happen in San Jose for many reasons, often leaving victims with serious injuries and overwhelming medical bills. Understanding the leading causes of crashes can help drivers stay safer on the road. However, no matter how carefully you drive, you cannot control the actions of others. If you were injured in a crash, a San Jose auto accident lawyer can help you file an insurance claim or a personal injury lawsuit to seek financial compensation for your losses. 

Common Causes of Auto Accidents in San Jose

Several factors contribute to crashes in San Jose, including: 

• Distracted Driving – Texting, using a GPS, or adjusting the radio can take a driver’s focus off the road, increasing the risk of a distracted driving accident. 
• Speeding – Driving above the speed limit or too fast for road conditions reduces reaction time and increases the severity of crashes. 
• Reckless or Aggressive Driving – Tailgating, weaving through traffic, and ignoring traffic signals can result in dangerous collisions. 
• Drunk or Drug-Impaired Driving – Driving under the influence of alcohol or drugs is a leading cause of serious injury and fatal accidents. 
• Failure to Yield – Many accidents occur at intersections when drivers fail to yield the right of way. 
• Running Red Lights and Stop Signs – Disregarding traffic signals often leads to devastating T-bone or head-on collisions. 
• Improper Lane Changes – Failing to check blind spots or signal before changing lanes can result in sideswipe accidents. 
• Fatigued Driving – Drowsy drivers have slower reaction times and impaired judgment, similar to those under the influence of alcohol. 
• Poor Road Conditions – Potholes, uneven pavement, and lack of proper signage can contribute to accidents, sometimes making government entities liable. 
• Defective Vehicle Parts – Faulty brakes, tire blowouts, and steering system failures can lead to sudden and unexpected crashes. 

Even the safest drivers can fall victim to someone else’s negligence. If another driver’s reckless behavior caused your injuries, our experienced San Jose injury attorneys can help you understand your rights under California car accident laws and determine the best way to pursue compensation. 

What Car Accident Injuries in San Jose Qualify for Compensation?

In San Jose, various car accident injuries may qualify for compensation, depending on the circumstances of the accident and the severity of the injuries.

Some common car accident injuries that may result in compensation include:

• Whiplash and Neck Injuries
• Back Injuries
• Head and Brain Injuries
• Spinal Cord Injuries
• Broken Bones
• Internal Injuries
• Soft Tissue Injuries
• Cuts and Lacerations
• Burn Injuries
• Amputations
• Psychological Injuries, like anxiety, depression, and post-traumatic stress disorder (PTSD)

To seek compensation for these injuries, you typically need to demonstrate that another party’s negligence or wrongful actions caused the accident. For help establishing negligence and improving your chances of getting maximum compensation, you need to work with an experienced San Jose car accident attorney.

A lawyer from Alexander Law Group, LLP, can guide you on the best course of action to document your personal injuries and pursue compensation.

How Do I Hold Another Driver Accountable for My Car Accident Injuries in San Jose?

To hold another driver accountable for your car accident injuries in San Jose, you can follow these general steps.

• Seek Medical Attention: Prioritize your health by seeking immediate medical attention for your injuries, no matter how serious they are. This not only ensures proper care but also documents your injuries for legal purposes.
• Gather Information at the Scene: If possible, collect information at the accident scene, including the other driver’s contact details, insurance information, and the names and contact information of any witnesses. Take photos of the accident scene, vehicle damage, and your injuries.
• Report the Accident: Report the accident to the local police or law enforcement. Obtain a copy of the police report, as it can be valuable when establishing fault.
• Preserve Evidence: Preserve any evidence related to the accident. This may include medical records, photographs, repair estimates, and any communication with the other driver or their insurance company.
• Contact Your Insurance Company: Notify your insurance company about the accident. Provide them with accurate and detailed information but avoid making statements that may harm your claim later.
• Refer the At-Fault Party’s Insurance Company to Your Lawyer: Insurance companies often seek to minimize payouts, so having legal representation can help you navigate the claims process effectively.

Contact an Attorney

After getting medical treatment and gathering as much evidence as you can from the accident scene, you need to contact a personal injury attorney in San Jose with experience in car accident cases. Many attorneys offer free consultations to assess the merits of your case.

A lawyer can help you hold the other driver accountable and obtain compensation as they:

• Determine Liability: Your attorney will help you determine liability by investigating the circumstances of the accident, reviewing evidence, and assessing applicable traffic laws.
• File a Personal Injury Claim: If the other driver is at fault, your attorney may help you file a personal injury claim against the at-fault driver’s insurance company. This often involves sending a demand letter outlining your injuries, damages, and the compensation you are seeking.
• Negotiate a Settlement: Your attorney will negotiate with the other driver’s insurance company to reach a fair settlement. This process may involve back-and-forth negotiations to agree on an appropriate compensation amount.
• Litigation (If Necessary): If the insurance company won’t negotiate a fair settlement, your lawyer may file a lawsuit on your behalf in civil court.
• Court Proceedings: If your case goes to trial, your attorney will present evidence, call witnesses, and argue your case. A judge or jury will then rule on the compensation to be awarded.
• Collect Compensation: Your lawyer can help you collect any compensation awarded through an insurance settlement or court award.

Reach out to an attorney at Alexander Law Group, LLP, who can assess the specific details of your case and determine the appropriate legal steps to pursue compensation for your injuries.

The Role of Insurance Companies & Common Tactics They Use

After a car accident in San Jose, dealing with insurance companies can be one of the most frustrating parts of the recovery process. While insurers claim to support accident victims, their primary goal is to protect their bottom line by minimizing payouts. If you file an insurance claim without legal representation, the adjuster may try to reduce or deny your compensation. 

This is why you must work with an experienced car accident attorney. A lawyer can negotiate on your behalf, gather evidence to support your personal injury lawsuit, and ensure you receive the full amount you need. 

Insurance companies use several strategies to devalue claims, including: 

Offering a Quick, Low Settlement

Insurers often make an early settlement offer before you fully understand the extent of your medical bills and other damages. These lowball offers rarely cover long-term costs, and once you accept, you cannot seek additional compensation. 

Disputing Liability

The insurance company may argue that you were partially or fully at fault for the accident to reduce your payout. While California follows a pure comparative negligence rule, meaning you can still seek financial compensation if you were partially at fault, the insurer will try to shift as much blame onto you as possible. 

Downplaying Injuries

Insurers frequently question the severity of injuries, claiming they are pre-existing or not as serious as reported. They may request unnecessary medical examinations or delay processing claims to pressure victims into settling for less. 

Delaying Claims to Cause Financial Stress

Many accident victims face mounting medical bills and lost wages. Insurance companies sometimes stall the process, knowing that financial pressure may force victims to accept a lower settlement. 

Using Statements Against You

After an accident, insurers may request a recorded statement. They can twist your words or take them out of context to argue that you were not seriously injured or that you admitted fault. Always consult with a San Jose injury attorney before speaking with an adjuster. 

How a San Jose Auto Accident Lawyer Helps Protect Your Rights

An experienced San Jose personal injury attorney knows the tactics insurers use and how to counter them. Your lawyer will: 

• Handle all communications with the insurance company. 
• Gather strong evidence, including medical records and accident reports. 
• Calculate the full value of your claim, including future expenses. 
• Negotiate aggressively for a fair settlement. 
• File a personal injury lawsuit if the insurer refuses to offer fair compensation. 

Insurance companies have teams of lawyers working to protect their interests—you deserve someone fighting for yours. If you were injured in an accident, don’t let insurers take advantage of you. 

What Compensation Can I Receive from a San Jose Car Accident Claim?

In a San Jose car accident claim, the financial compensation you may receive is generally divided into two main categories: economic damages and non-economic damages.

Economic Damages

Economic damages refer to the tangible, measurable financial losses that you experience as a direct result of an injury.

They include:

• Medical expenses for all past, current, and future medical costs associated with treating your car accident injuries. This includes hospital bills, surgeries, medication, rehabilitation, and therapy.
• Reimbursement for lost income due to missed work as a direct result of the accident. This includes both the immediate period following the accident and any future time missed from work due to ongoing recovery.
• Loss of future earning capacity if your injuries lead to a long-term or permanent disability that affects your ability to work and earn a living.
• Compensation for repair or replacement costs of your damaged vehicle and any other personal property affected in the accident.
• In wrongful death cases where the car accident killed a close family member, you may obtain compensation to cover the costs associated with the funeral and burial costs as well as the lost income the deceased person provided to your household.
• You may also receive compensation for other associated out-of-pocket expenses.

Non-Economic Damages

Non-economic damages, also known as general damages, refer to the subjective, non-monetary losses that you experience due to an injury. These damages are more challenging to quantify in monetary terms compared to economic damages because they involve the intangible aspects of your ongoing pain and suffering.

Some examples include:

• Compensation for the physical pain and discomfort you suffered as a result of the car accident and its aftermath.
• Damages for psychological trauma, emotional distress, anxiety, depression, or other similar consequences directly related to the car accident.
• Loss of consortium for the negative impact the injuries have on your relationships with family members, including loss of companionship, support, and intimacy.
• Disfigurement and scarring if the accident results in permanent disfigurement or scarring.
• Loss of enjoyment of life for the loss of your ability to enjoy daily activities, hobbies, and life experiences due to the injuries you sustained in the car accident.

In certain rare cases involving gross negligence or intentional misconduct, the court may award punitive damages to punish the at-fault party and deter similar behavior.

An experienced San Jose personal injury attorney from Alexander Law Group, LLP, can properly assess the value of your damages, gather supporting evidence, and navigate the legal process to seek fair compensation for your losses.

How Long Do I Have to Sue the At-Fault Driver for Damages in San Jose?

In California, the statute of limitations for personal injury claims, including those arising from car accidents, is typically two years from the date of the injury. Failing to have a personal injury lawyer file a lawsuit for you within the specified time frame may result in the court dismissing your case and losing your right to pursue compensation.

Certain exceptions can extend the time you have to file, such as with cases involving minors or if you did not discover your injury until some time after the accident. Also, claims against government entities usually have very short deadlines and a lot of red tape you must cut through to file a claim.

It’s imperative you contact an auto accident attorney as soon as you’re able. Evidence may disappear or witnesses may forget what they saw. Plus, it takes time to build a strong claim and fully assess your injuries and damages. You have no time to lose in getting started.

Can I Recover Damages in San Jose if I Was Partially At Fault for the Accident?

Yes, you may still be able to recover damages in San Jose even if you were partially at fault for the accident. California follows a pure comparative negligence rule.

Under this rule, you may recover damages if you share some degree of fault for the accident. However, your compensation will decrease by your percentage of fault.

Contact Alexander Law Group, LLP, Today for a No-Cost Case Evaluation

If you suffered injuries or lost a close family member in a car accident in San Jose, you don’t have to navigate the legal complexities alone. Our experienced San Jose car accident attorneys at Alexander Law Group, LLP, are here to help you get the compensation you deserve.

Contact us today at 408noswap-289-1776 for your free consultation. Your well-being is our priority, and we’re committed to advocating for your rights. Take the first step toward recovery and let us help you seek justice and fair compensation for your San Jose car accident injuries.

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