San Jose Car Accident Attorney

Whether you’re compelled to commute every day or you simply enjoy taking advantage of all that San Jose and the South Bay have to offer, chances are good that you regularly spend a significant amount of time in your car. Chances are also good that you are a responsible driver who pays attention to the road in front of you, doesn’t drive while impaired, limits distractions, and operates your vehicle with great consideration for those around you. Unfortunately, even the most conscientious drivers cannot always avoid getting into accidents and cannot always avoid suffering physical, practical, and financial consequences in the wake of those accidents.

If you have recently been injured in a car crash, you are not alone.

The Centers for Disease Control and Prevention estimate that approximately three million American travelers suffer non-fatal injuries as a result of motor vehicle crashes on U.S. roads annually. The aftermath of a crash can be both disorienting and devastating. It is therefore important that you understand that support is available. Our experienced legal team can help you to clarify your rights and options under the law. Because of the approach that California State law takes in regards to accident victims’ rights, chances are good that you are entitled to compensation as a result of your injuries, provided that you weren’t solely responsible for the cause of your accident.

If the negligent, reckless, or intentionally dangerous behavior of other motorists, government agencies responsible for safely maintaining California’s roads, the companies that employ commercial truck drivers, or any other legal entity have substantially contributed to the cause of your crash, you may be able to hold these third parties financially responsible for the harm you have suffered. Schedule a free and risk-free consultation with our firm’s experienced legal team today to learn more.

Seeking Maximum Compensation for Auto Accident Victims

Our firm is proud to represent the interests of car accident victims. We have extensive experience handling all types of auto accident claims. As a result, we are truly aware of just how challenging the process of navigating the physical, mental, emotional, financial, and practical aftermath of a crash can be. Our firm aims to handle the legal “heavy lifting” in the wake of an accident as effectively as possible on behalf of our clients so that they can focus their attention on recovering from the collisions that caused them harm.

Know that if you choose to work with our firm, we’ll do our utmost to ensure that every aspect of your case, from insurance negotiations to preparing personal injury action for trial, will be handled in ways that are respectful, client-focused, and driven by a sincere motivation to “do right” by you and your family.

 Our firm has earned a reputation for excellence over time. However, we don’t rest on the strength of our reputation. We do our utmost to earn it again and again with each opportunity to serve our clients and potential clients. Please schedule a free consultation today to learn more about our approach to representation and to learn about your rights as an accident victim under California law.

Immediate Priorities Post-Accident

First and foremost, you need to seek medical attention if you’ve been involved in an accident. Some injury victims wait to get checked out because they are uninsured and are worried about the costs of medical care. Others are concerned that their documentation status will be discovered if they choose to go to the hospital. If you’ve been hurt or could have sustained invisible injuries – such as whiplash, internal bleeding, or brain trauma – that may not be immediately apparent in the wake of a crash, seek medical attention now. Nothing matters more than your health and chances are decent that your medical bills will be covered by one form of compensation or another. If you are still hesitating to seek medical attention because of one apprehension or another, call our firm so that we can answer your questions and address your concerns so that you can – with peace of mind – seek the medical attention you require.

After you’ve sought medical attention, you’ll need to seek legal guidance. Avoid speaking with insurance representatives until you’ve attended a free consultation, as anything you say right now could be used as an excuse to devalue your claim. If you have not yet filed an accident report with law enforcement, it is important to do so. If you’re concerned about communicating with law enforcement, connect with us first and we’ll provide you with personalized guidance. Also, be very careful with what you say on social media until your case has been resolved. Again, anything you say or post could be used as evidence to devalue or reject your legal options. If you have any evidence from the scene, witness contact information, insurance information, etc. that could help us better understand the unique ins and outs of your case, please bring this information with you when you depart for your no-cost case evaluation with our experienced team.


Investigating the Cause(s) of Your Car Crash

When a car accident occurs, the first question that most people ask is, “Is everybody okay?” followed immediately by the query, “What happened?” When it comes to exploring your legal options, the answer to both questions matters a great deal. If individuals involved in auto collisions have suffered injuries, they may be in a position to hold others responsible for causing that harm. However, before issues of fault can be determined and legal recourse options assessed accordingly, the cause(s) of the harm in question must be identified and evaluated. Some of the most common reasons why collisions occur on California roads include:
Impaired Driving
Impaired driving: Motorists may be held liable for operating their vehicles while impaired by alcohol, illicit drugs, prescription medications, and even over-the-counter remedies. If a substance has the ability to impair a motorist’s ability to operate their vehicle safely, that motorist may be held accountable for driving under the influence of that substance.
Per California Vehicle Code § 22350, speeding is not simply defined as exceeding the posted mile per hour limits placed on a specific roadway. It is also defined as driving, “a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.”
Per California Vehicle Code § 21703, “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.” Tailgating is often a factor in rear-end and sudden stop collisions.
Slippery road surfaces
Much like the presence of wild animals and low visibility conditions due to wildfires, slippery road surfaces tend to cause accidents in ways that are not legally actionable. If the cause of a crash doesn’t result from another’s negligent, reckless, or intentionally dangerous conduct, no one can be held accountable for the harm that results from that collision.

Who Is at Fault When a Motor Vehicle Collision Occurs?

Once the cause(s) of an accident have been established, fault for those causes may be assessed. In the event that any cause of an injurious crash resulted from the negligent, reckless, or intentionally dangerous actions or inactions of an individual or legal entity, an injury victim may be able to hold those responsible for the harm they have suffered.

It is critically important to avoid making assumptions about the potential causes and fault designations related to your case before our team has had the opportunity to assess your legal situation. Too often, accident victims forego the ability to collect compensation to which they are owed because they make assumptions about whether they have a cause of action and/or the potential strength or weakness of their claim. Don’t do that. In California, even accident victims who are partially to blame for their own collisions remain entitled to hold others legally liable for their negligent, reckless, or intentionally dangerous contributions to the situation in question. Also, the causes and fault-based issues of a case aren’t always clear-cut or easily perceived before some investigative effort has been expended by legal professionals. Whatever you do, don’t assume that you have no cause to speak with an attorney. You may be entitled to much more compensation than you’d assume at first glance.

Workers’ Rights – Auto Accident Claims

If you were driving for work-related purposes at the time of your crash – whether those purposes involved driving professionally or you were simply traveling to a work-mandated conference – you may be entitled to receive workers’ compensation benefits as a result of your work-related injuries. If you are unsure of whether you’re eligible for these benefits, chances are good that you’re covered if you’re a full-time or part-time employee of a company that keeps more workers on its payroll than you can count on one hand. However, if you are classified as an independent contractor, you work for a very small company, or you are subject to other coverage exemptions, you will not be entitled to these benefits.

Eligibility for workers’ compensation benefits doesn’t necessarily preclude you from filing a personal injury claim simultaneously. However, you won’t be permitted to sue your employer directly if their negligent, reckless, or intentionally dangerous actions or inactions directly contributed to your harm. The workers’ compensation system is structured in such a way that employers are protected from liability for most forms of work-related harm that result in injury. However, if a third party who is not your employer may be held liable for your harm, your workers’ compensation eligibility will not prevent you from holding them accountable in civil court.

Contact Our Firm Today for a Free Case Evaluation

If you haven’t yet connected with our firm to schedule a free, confidential consultation with no strings attached, please do so today. Exploring your legal options in the wake of a crash can be an intimidating task. However, the sooner that you connect with our firm, the sooner that our experienced, knowledgeable, and client-focused legal advocates can begin preserving critical evidence and defending your rights as an accident victim. We will do our utmost to ensure that you receive as much compensation as is possible under the circumstances. Whether you were hurt on the job, while running errands, or while out for a low-key sightseeing drive, you deserve to have your rights under the law protected and enforced. Consider allowing our team to help you achieve these noble goals. We look forward to speaking with you.

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