San Jose Car Accident Attorney

If you have been injured in a car accident in San Jose, you will likely have concerns about recovering, paying the medical bills, and getting back to your normal routine. If the accident was caused by the negligence or recklessness of another motorist, you may be confused and angry and not know where to turn. At times like this, it helps to have an adept San Jose personal injury attorney in your corner.

J&Y Law has extensive experience handling car accident cases in San Jose and throughout the state of California. We are keenly aware that most car accidents are the result of driver errors, such as:

  • Distracted driving
  • Speeding
  • Improper turning
  • Driving under the influence (DUI)
  • Aggressive driving
  • Driver fatigue
  • Disobeying traffic signals
  • Reckless driving
  • Mechanical defects/poor maintenance

Our legal team is highly regarded for being dedicated advocates of injury victims and holding negligent drivers accountable. Our mission is to keep the keep the roads and highways in San Jose safe for everyone.

San Jose Car Accident Insurance Claims

It is worth noting that California is a fault state for insurance purposes, which means that the other driver must be found responsible for the accident in order for you to pursue a claim. In addition, car accidents in San Jose are governed by comparative negligence law. Therefore, if you contributed to the car accident in any way, the amount of your recovery will be reduced by the percentage of fault that is assigned to you. If you sustained $10,000 in damages, for example, and an insurer determines you were 20 percent at fault, the amount of your award will be reduced to $8,000.

Proving Negligence in a San Jose Car Accident

To have a successful car accident claim, it is necessary to prove the following elements of negligence:

  • The other driver had a duty to operate his or her vehicle in a safe manner
  • The other driver breached that duty
  • The actions of the other driver caused the accident
  • The accident directly caused your injuries and monetary losses

If a car accident is caused by defects in the road, a curb or median, inoperable streetlights, or a faulty traffic signal, it may be possible to pursue a municipal liability claim. Before filing a lawsuit, you must file a notice of claim with the agency responsible for road and highway maintenance in San Jose within 6 months of the date of the injury. Finally, in the event that a car accident is caused by a mechanical defect, a product liability lawsuit can be brought against the automaker or distributor.

Types of Car Accident Injuries

Depending on the severity of the collision, a car accident in San Jose can result in injuries such as:

  • Cuts and bruises
  • Lacerations
  • Fractures and broken bones
  • Head and neck injuries
  • Whiplash
  • Spinal cord injuries
  • Traumatic brain injuries

While a high impact collision can cause catastrophic injuries, even a minor accident can cause bodily harm. At times, an injury may not be immediately apparent, and symptoms such as pain, discomfort or dizziness can surface days later. For this reason, it is crucial to seek medical treatment after a car accident even if you don’t believe you have been harmed. By failing to seek treatment within a reasonable amount of time, your claim will be harder to prove.

What You Should Do After a Car Accident in San Jose

After a car accident in San Jose, you should immediately call the police and seek medical treatment — the reports of first responders will be important evidence in your car accident claim. You should also collect the driver’s contact and insurance information, the names and contact information of any witnesses and take pictures of the accident scene, damage to the vehicles and your injuries. If you are not able to perform these tasks, ask for assistance.

In addition, If you receive ongoing medical treatment, be sure to follow all recommendations for treatment and therapy. Moreover, the records of doctor visits, surgical procedures, radiological tests, prescribed medications, and any rehabilitative care will help to support your personal injury claim. Finally, because most car accident claims will involve the other driver’s insurance company, an insurance claims adjuster will likely contact you shortly after the accident. Bear in mind that this individual is responsible for investigating the accident and negotiating the claim on behalf of the insurer. The best way to protect your interests is to speak with one of the attorneys at J&Y Law before you speak with the claims adjuster or anyone else from the insurance company.

Contact A San Jose Car Accident Lawyer Today!

Over our many years of practice, we have recovered millions of dollars in damages for our clients. We will leverage our legal knowledge and negotiating skills to help you obtain the maximum compensation you deserve. Our San Jose car accident attorneys will work tirelessly to ensure that any award considers all of your future medical and financial needs.

At J&Y Law, we believe that no one should be forced to suffer because of another driver’s negligence. Although being injured in a car accident is an overwhelming experience, you will have peace of mind knowing that we are on your side. Please contact our office today to set up a free consultation.