Our San Jose Car Accident Lawyer Can Help You

San Jose is the third-largest city in California, located at the southern end of San Francisco Bay. The San Jose/Silicon Valley area is a major component of the greater San Francisco Bay Area, a region of 7.5 million people and the sixth largest metropolitan area (CSA) in the United States. San Jose, being a major city in California, does experience a significant number of traffic incidents, including severe and fatal injuries.  Car accidents can be life-altering events, bringing about a whirlwind of confusion and stress. Navigating the legal intricacies of such situations can often feel overwhelming. With our experienced team of car accident lawyers in San Jose, California, we are committed to providing you with expert legal guidance and unwavering support during this challenging time. In such a situation you need to fully understand your rights, that’s why, you need the expertise of a San Jose car accident lawyer right away!


San Jose car accident lawyer
San Jose car accident lawyer

Most Dangerous Intersections and Roads in San Jose

San Jose is ranked as one of the cities with a high number of severe and fatal traffic injuries. In 2022, San Jose reported 233 incidents, placing it in the list of most dangerous cities for drivers in California. San Jose has several roads and intersections, with a majority running through East and Central San Jose, that have been identified as particularly dangerous due to high traffic volumes, speeding, and other factors contributing to accidents and fatalities. Some of these are:

      • Tully and Senter Roads
      • McLaughlin Avenue and Story Road
      • White Road
      • McKee Road
      • Santa Clara Street/Alum Rock Avenue
      • Jackson Avenue
      • Capitol Expressway
      • Story Road
      • McLaughlin Avenue
      • King Road
      • First Street
      • Monterey Road
      • Senter Road
      • Blossom Hill Road
      • Branham Lane
      • Almaden Expressway
      • Saratoga Ave
      • Fruitdale Avenue
      • Hillsdale Avenue

San Jose is not the most dangerous city in California for drivers, it is still an area where high caution is warranted due to the number of severe and fatal injuries reported.

Common Types of Car Collisions Witnessed in San Jose, California

In San Jose, car collisions can take various forms, each with its unique causes and consequences. Common types of car collisions include:

      • Rear-End Collisions
      • Side-Impact Collisions
      • Head-On Collisions
      • Sideswipe Collisions
      • Single-Vehicle Accidents
      • Vehicle Rollovers
      • Multi-Vehicle Pile-Ups
      • Pedestrian and Cyclist Collisions
      • Left Turn Crashes
      • Intersection Crashes
      • Collisions due to poor roads and infrastructure, bad weather conditions, or mechanical default

Even if you are alert while driving, you can still be involved in a car collision due to the fault of another driver. Various factors like insurance coverage available, the severity of the injury, victim’s fault contributing to injuries & losses suffered affect the likely outcome of your claim. An experienced attorney like ours having exposure in handling all types of car accident claims can help you hold the party-at-fault accountable for their reckless acts and ensure you receive just compensation to cover up your damages.

Common Causes Resulting in Fatal Injuries in Car Accidents in San Jose

San Jose, like many urban areas, experiences a range of factors that contribute to fatal injuries in car accidents. Some of the common causes of car collisions include:

      • Speeding: Speed has been noted as the number-one factor in the lethality of collisions in San Jose.
      • Impaired Driving: The involvement of alcohol or drugs can impair driving abilities significantly, leading to serious and fatal accidents.
      • Distracted Driving: Activities such as texting, using social media, or adjusting GPS while driving can result in loss of focus and accidents.
      • Aggressive Driving: This encompasses behaviors like tailgating, weaving through traffic, and running red lights.
      • Failing to Yield Right of Way: Not stopping for a red light, stop sign, or when a pedestrian has the right of way can cause serious accidents.
      • Unsafe Lane Changes: Changing lanes without proper signaling or checking blind spots can lead to collisions with other vehicles.

A notable factor specific to San Jose is the vulnerability of the unhoused population. In 2022, at least 17 pedestrian deaths involved people known to be unhoused. Their presence near highways, busy streets, and expressways due to city policies has increased their risk of being involved in traffic accidents. Additionally, mechanical problems with vehicles and poorly maintained roads with potholes or unclear markings can also contribute to car accidents. The involvement of stolen vehicles in accidents can add another layer of complexity and danger to road safety. Stolen vehicles are usually involved in more reckless behavior on roads.

How Much Time Do I Have to File My Car Collison Claim in San Jose?

For personal injuries, you generally have two years from the date of the accident to file a lawsuit against those responsible for the accident. This applies to any injuries you may have sustained as a driver, passenger, or pedestrian. For property damage claims, such as damage to your vehicle, you have three years from the date of the accident to initiate legal proceedings.

If you need to file a claim against a government entity in California (for example, if your accident involved a city bus or happened because of a poorly maintained roadway), you must file an administrative claim within six months of the incident. If the claim is denied, you typically have an additional six months to file a lawsuit.

Although these are the standard time limits, there can be exceptions that may extend or shorten these deadlines. For example, if the injured person is a minor, the time frame might not start until they reach the age of majority. Additionally, if the defendant leaves the state of California after the accident but before the lawsuit is filed, the period during which they are out of state may not count toward the statute of limitations.

Common Car Crash Injuries in San Jose

Car accidents can result in a variety of injuries, ranging from minor to severe. Injuries can have a profound impact on a person’s health and quality of life. If you sustain injuries in a car accident in San Jose, it’s important to seek immediate medical attention, even if the injuries seem minor at first, as some symptoms may not present immediately.

In San Jose, the common injuries sustained in car crashes include:

      • Whiplash
      • Broken bones including fractures to the arms, legs, ribs, and hips.
      • Burn injuries from fires, explosions, or contact with hot surfaces or chemicals during a crash.
      • Traumatic brain injuries that may have long-term effects.
      • Spinal cord injuries resulting in paralysis or other severe neurological impairments.
      • Lacerations and bruises
      • Internal Injuries and damage to vital organs
      • Psychological trauma such as post-traumatic stress disorder (PTSD).

What Does The Law Say About Establishing Fault in Car Accidents in San Jose

In San Jose, as in the rest of California, establishing fault in a car accident involves either proving negligence under common law or showing statutory negligence by violation of a law such as the California Vehicle Code. Here’s what the law says about both approaches:

Proving Fault of the Other Driver

To establish fault under common law negligence in San Jose, the injured party must prove the following elements:

      • Duty of Care: The other driver had a responsibility to operate their vehicle with reasonable care, which includes obeying traffic laws, driving safely, and not causing harm to others.
      • Breach of Duty: The at-fault driver failed to meet this standard of care.
      • Causation: The at-fault driver’s breach of duty directly caused the accident.
      • Damage: The accident resulted in physical, mental, or property damage to the claimant.

Alternatively, statutory negligence can be established if the other driver violated the California Vehicle Code or another relevant law. If a police report indicates a violation of the Vehicle Code by the other driver, they are presumed negligent. This is known as negligence “per se.” In such cases, it becomes the responsibility of the presumed negligent driver to prove that they were not negligent to avoid liability.

California follows a comparative negligence rule, meaning that fault and resulting compensation can be distributed among all parties involved based on the degree of fault. For example, if you are found to be 10% at fault for an accident and your damages amount to $50,000, you would be eligible to recover only $45,000.

To receive compensation in San Jose, you must demonstrate the other party’s fault to your insurance provider, a jury, or a judge. This involves presenting sufficient evidence to establish either common law or statutory negligence. The process can be complex, and an experienced San Jose car accident lawyer can be critical in handling your case and assisting with financial recovery.

What Should I Do After a Car Accident in San Jose?

If you’re involved in a car accident in San Jose, taking the right steps immediately following the incident can be crucial for your safety, health, and any subsequent legal or insurance claims. Here is a guideline on what to do:

      • Move to a safe area and turn on the hazard lights.
      • Assess your condition and of other passengers involved and call 911 for assistance.
      • Seek help from police authorities, even if the accident is minor.
      • Exchange details with other drivers and document the accident scene
      • Notify your insurance company
      • Maintain all paperwork, receipts, and information related to the accident and your injuries.

If you have injuries or there are disputes over who is at fault, contact a San Jose car accident lawyer for prompt legal advice and guidance on how to proceed following the accident. They can guide you through the legal process and help protect your rights. Always prioritize safety and seek professional advice when necessary.

Understanding Types of Compensation and Factors Affecting It

Compensation for car accident victims in San Jose can include a wide range of economic and non-economic damages. The amount awarded can vary based on the specifics of the case, the skill of the legal representation, and the ability to present a compelling argument for both the tangible and intangible losses suffered. In San Jose car accidents, victims have the right to seek compensation for various damages, including the following:

Economic Damages

These are direct financial losses resulting from the accident:

      • Medical Expenses: Costs incurred for all medical treatments, including future medical needs related to the injury
      • Lost Wages: Compensation for the income lost while unable to work due to the injury.
      • Lost Earning Capacity: If the injury affects long-term earning potential, compensation may include future lost wages.
      • Property Damage: Reimbursement for vehicle repairs or replacement and other damaged personal items.
      • Out-of-Pocket Expenses: Includes all additional costs directly linked to the injury, like transportation to medical appointments.
      • Wrongful Death: In cases of fatal car accidents, compensation may be sought for funeral expenses and the loss of financial support and companionship.

The degree to which the injury affects daily living and enjoyment can affect the amount awarded 

Non-Economic Damages

These damages are intangible and not directly quantifiable in monetary terms:

      • Pain and Suffering: Compensation for the physical pain and discomfort experienced as a result of the injuries.
      • Emotional Distress: Refers to anxiety, depression, and other psychological impacts stemming from the accident.
      • Loss of Enjoyment of Life: When injuries prevent participation in leisure activities or hobbies previously enjoyed.
      • Physical Impairment: If the injury results in a long-term disability affecting mobility or bodily functions.
      • Scarring and Disfigurement: Compensation for visible scars that affect appearance and possibly mental health.
      • Loss of Consortium: For the negative impact on personal, family, or romantic relationships due to the injuries.

Non-economic damages are subjective and require a careful presentation of the impact of injuries on the victim’s life. 

Punitive Damages

Though not common, punitive damages may be awarded in cases where the defendant’s conduct was particularly egregious. These are meant to punish the wrongdoer and deter similar actions.

An attorney with experience and a strong track record can improve the chances of a favorable outcome. Also how the jury perceives the case, including the credibility of witnesses and the presentation of evidence, can influence awards. Thorough documentation of injuries, treatments, and expenses is essential for substantiating claims. Seeking legal representation from a San Jose car accident lawyer can help victims navigate the complexities of the claims process, negotiate with insurance companies, and pursue fair compensation for their losses.

How Long Will It Take to Get Compensated for My San Jose Car Accident Claim?

The duration of a personal injury case settlement in San Jose, and the subsequent compensation, can vary significantly and is influenced by multiple factors. There is no definitive average timeline, as each case is unique. However, the typical personal injury case may take anywhere from a few months to a couple of years. The following factors can influence the timeline of your case:

      • Severity of Your Damages: Cases with significant damages often take longer to resolve due to the need for a substantial recovery, a longer investigative process, and the potential of going to trial
      • Complexity of Your Case: The complexity of the case, including the need to resolve issues like liability or the nature of the injuries, can extend the timeline. Some cases, such as those involving medical malpractice, maybe more complex by nature.
      • Willingness of Liable Parties to Settle: While most personal injury cases settle, some may go to trial if the parties involved cannot agree on a settlement. A trial generally means a longer timeline for the case.
      • Effectiveness of Legal Counsel: The skill and experience of your attorney can impact the timeline. An effective negotiator may help you resolve more quickly.

What is the Discovery Phase?

The discovery phase in a car accident claim in California is an essential part of the legal process. It allows all parties involved in the case to gather evidence, exchange information, and prepare for trial. This phase may include depositions, where witnesses are interviewed under oath, and interrogatories, which are written questions that must be answered truthfully.

Additionally, it may involve requests for documents such as medical records or accident reports. The discovery phase is crucial to building a strong case and ensuring a fair and thorough trial. It can significantly impact the outcome of a car accident claim in California.

Injured in an Accident? Contact Our Experienced San Jose Car Accident Lawyer Immediately

If you’ve been in a car accident, don’t face the legal complexities alone. Our skilled car accident lawyers at Pacific Attorney Group are here to help. To discuss your case and explore your legal options, we offer a free consultation. During this initial meeting, our lawyers assess the viability of your case and provide you with clear insights into the legal process ahead. This consultation is an opportunity for you to understand your rights and make informed decisions about your next steps. 

We understand that recovering from a car accident involves not just physical healing, but emotional and financial recovery as well. Our compassionate team provides the support and reassurance you need during this challenging time. We are here to answer your questions, address your concerns, and guide you with empathy and care. 

Don’t face the complexities of a car accident case alone. Our experienced car accident lawyers are here to support you, advocate for your rights, and guide you toward a successful resolution. Contact Pacific Attorney Group today for the expert legal representation you deserve. Your journey toward justice and financial recovery begins with us.