San Jose Accident Lawyers
We’ll tell you if you have a case or not, call (888) 488-1391 — We’re here 24 hours a day.
Our San Jose Accident Lawyers Are Protecting Your Interests With Integrity
Suppose you’re injured in an accident, whether a car collision, a slip and fall, or a hit-and-run; you can benefit from experienced legal support to pursue justice. Our experienced San Jose accident lawyers can explain your rights and assist in seeking compensation for your injuries, lost income, pain and suffering, and other losses. Call us at (888) 488-1391 to schedule a free initial consultation.
San Jose is the largest city in Northern California and one of the oldest in the state. As of 2022, the city had a population of approximately one million, and it continues to grow. As the population increases, more traffic congestion occurs, leading to a higher frequency of road collisions. The city’s sidewalks and other public spaces are usually crowded, which can restrict movement and obscure potential safety hazards.
While some individuals might walk away from accidents unscathed, many suffer life-altering injuries. At Arash Law, our accident lawyers in San Jose bring decades of experience representing injury victims. We can handle legal matters of your case, including gathering evidence and pursuing compensation you may be entitled to.
What Is An Accident?
An accident is an unplanned event that can lead to negative consequences, often resulting from carelessness or inattention. The term “accident” also extends to everyday situations where unforeseen events occur, such as slipping on a wet floor.
However, these definitions can create a misconception that no one is responsible for an accident because it wasn’t intentional. Legally, this isn’t the case. A party involved in an accident can be held liable for the injuries they caused, even if they didn’t intend for the event to happen.
Liability is determined by whether a party’s actions constitute a breach of the duty to exercise reasonable care. In simpler terms, the law focuses on what someone did (or didn’t do) that contributed to the accident, not simply whether they meant it to occur.
Whether it’s an incident in a parking lot, a minor fender-bender, or a major collision, accidents can cause injuries, property damage, or death. Our accident attorneys in San Jose can help you hold the liable parties accountable for your losses.
Our client was working as a window washer when he fell several feet while cleaning a gutter and sustained a traumatic brain injury as well as injuries to his spine. Our firm uncovered liability beyond workers’ compensation and secured a $5,325,000 global settlement on behalf of our client.– ARASH KHORSANDI
Why Should You Hire Our San Jose Accident Lawyers?
Choosing the right accident lawyer can help you navigate the complexities of your case and seek fair compensation for your damages. Here’s what our San Jose injury law firm can do for you:
- Communicate with Insurance Companies — Some insurers might minimize payouts. Our attorneys can manage communications with these companies on your behalf, counter low settlement offers, and advocate for appropriate settlements.
- Save Your Time — A personal injury claim involves time-consuming and confusing paperwork. Our knowledgeable lawyers can handle the legal legwork for you, saving you time and reducing the stress and frustration of the claims process.
- Work on a Contingency Fee Basis — Attorney’s fees are collected only if compensation is obtained. However, some case-related costs like filing fees may still apply, regardless of the outcome.
- Explore All Compensation Options — Our San Jose accident attorneys are dedicated to helping you pursue financial recovery for your injuries and other damages. We look into all possible avenues of recovering your medical expenses and related losses.
If you’ve been in an accident, filing a case on your own can be challenging. A lawyer can either guide you in the process or do this on your behalf. Our San Jose accident attorneys can handle your case while you focus on your recovery.
Types Of Cases Our Accident Attorneys Handle
The following are some of the most common types of accidents our San Jose lawyers handle:
Car Accidents
A car accident may be due to distracted driving, speeding, driving under the influence of alcohol or drugs, or disregarding traffic signals or signs. It often results in severe injuries and even fatalities.
Some injuries sustained in car accidents may not be immediately apparent, leading individuals to believe they are fine. It is crucial to seek medical attention promptly after an accident, as certain injuries, such as whiplash or organ damage, may have delayed symptoms.
A skilled car accident lawyer can help seek compensation for your injuries. They can connect you with qualified medical specialists for a comprehensive evaluation and appropriate treatment.
Rideshare Accidents
Rideshare companies like Uber and Lyft have transformed how people get around in cities worldwide, including San Jose. Residents rely on these services to avoid parking issues or get a safe ride home. While these services are convenient, accidents involving ridesharing vehicles still occur. Whether due to driver negligence, vehicle malfunctions, or the company’s fault, these incidents often cause significant injuries and damages.
Our rideshare accident lawyers can explain the specific laws and regulations that may apply to your case and guide you in filing a claim against the responsible parties. They can also manage communications with the insurance companies of rideshare companies like Lyft or Uber.
Pedestrian Accidents
These accidents frequently occur at intersections and popular tourist spots in San Jose. Pedestrians are especially vulnerable to road hazards and accidents. Unlike car drivers and passengers, they do not have an enclosed vehicle or safety features like airbags. If you or your loved one is injured while walking around San Jose, our pedestrian accident lawyers can help you navigate the legal process, gather evidence, and advocate for your rights every step of the way.
Motorcycle Accidents
Motorcycle accidents can be devastating, often leading to severe injuries due to the riders’ lack of protection. These accidents are usually caused by negligent driving, such as sudden lane changes; hazardous road conditions, like potholes or slippery surfaces; and rider errors, such as speeding or losing control.
Victims may sustain serious injuries, including broken bones, traumatic brain injuries, and spinal cord injuries. The California Vehicle Code requires all motorcyclists to wear helmets to reduce the risk of such injuries in the event of an accident. Our motorcycle accident lawyers in San Jose can help you pursue compensation for your injuries.
Bicycle Accidents
A collision with a motorist is one of the most common causes of bicycle accidents, often resulting in serious injuries or fatalities. Under the law, cyclists are treated as having the same rights and responsibilities as drivers on the road. They must obey traffic signals and stop signs, ride with the flow of traffic (unless unsafe), and avoid unpredictable maneuvers.
On the other hand, drivers have a duty of care towards other road users, like cyclists and pedestrians. They must maintain a safe following distance, use turn signals before changing lanes, and yield the right of way to cyclists when appropriate. Some of the most common hazards for cyclists are “dooring” accidents, where a parked car opens its door into the path of a cyclist. California law places the responsibility on the driver to check for cyclists before opening the door of a car.
If you have been involved in a bicycle accident, contact us today. Seeking legal help from our experienced San Jose accident attorneys can be valuable. They can help establish the liability of the parties involved and assist you in pursuing the appropriate compensation under the law.
A free initial consultation does not establish an attorney-client relationship. One is formed only after the parties sign a written agreement.
DUI Accidents
California law prohibits driving under the influence of alcohol or drugs that impair your ability to operate a vehicle safely. The legal blood alcohol concentration (BAC) limit is 0.08%. Stricter limits apply to commercial drivers, minors, and those on DUI probation.
Alcohol and drugs dull your thinking and decision-making skills. Consuming these substances can lead to impaired judgment behind the wheel, increasing the likelihood of making risky lane changes, speeding, or disregarding traffic signals. These actions can lead to major consequences for the driver and other road users.
Victims often seek compensation for their injuries through a civil lawsuit, separate from any criminal charges the driver may face. This civil case is crucial for recovering damages from the responsible party. Our DUI accident victim lawyer can help you evaluate your losses for your claim. Our San Jose accident lawyers can also handle negotiations with insurance companies on your behalf, working to pursue a fair settlement.
Hit-And-Run Accidents
The law requires drivers to stop after an accident, check for injuries, and exchange information with other parties involved. Hit-and-runs involve drivers failing to fulfill these obligations and fleeing the scene to avoid responsibility. These incidents may include collisions with vehicles, pedestrians, motorcyclists, or unoccupied structures.
Our hit-and-run accident attorneys can help you gather any available evidence, including traffic camera footage, witness statements, and physical evidence from the scene. We’ll also use our investigative resources to supplement the police investigation and track down leads related to the vehicle or driver.
Truck Accidents
Large commercial vehicles are common on San Jose’s roads, transporting goods essential to the economy. However, these trucks present a significant risk. Factors such as driver fatigue, speeding, distracted driving, improper maintenance, and overloaded cargo increase the likelihood of a traffic collision. Furthermore, the size and weight of large trucks lead to more severe injuries when accidents occur.
Truck accidents often involve multiple parties who could be liable. These parties include the truck driver, the trucking company, the company responsible for loading the cargo, and the truck manufacturer if a malfunction contributed to the accident. If you’re injured, our experienced truck accident lawyers can help you identify all the liable parties and explore potential avenues of compensation.
Our accident lawyers in San Jose can also assist you in dealing with the insurance companies of these parties. We’ll communicate with their adjusters and advocate for your rights.
Product Liability
Product liability cases arise when you suffer physical, mental, and financial harm from a defective product. Product liability claims can result from a manufacturing mistake, a flaw in the product’s design, or a failure to provide adequate instructions for safe use. If a defective product injures you, you might be eligible for compensation.
Our San Jose accident attorneys can help you assess your situation and evaluate the strengths and weaknesses of your claim. We assist in documenting your injuries to support the link between them and the alleged product defect. Additionally, our team can work with experts such as engineers or product safety specialists to analyze the product and clarify how the defect may have contributed to your injuries.
Dog Bites
Dog bites can lead to serious physical and emotional trauma. In California, the dog owner or handler is liable for damages to the victim, regardless of whether the owner was negligent or the dog had prior bite incidents. If a dog bites you, you might be eligible for compensation for your medical bills, lost wages, and pain and suffering. Our San Jose accident lawyers can help you understand your rights and guide you through the process.
Premises Liability
Premises liability law in California holds property owners (and sometimes lessees or occupiers) responsible if someone legally on their property gets hurt due to unsafe conditions. Property owners have a duty of care to keep their premises reasonably safe for visitors, tenants, or employees.
Premises liability law covers slip-and-fall accidents. Wet floors, uneven surfaces, inadequate lighting, or walkway obstructions may cause these accidents. They often lead to severe knee fractures and head injuries.
If you sustained injuries due to unsafe conditions on someone else’s property, you may be eligible for compensation. Our accident lawyers in San Jose can explain your rights and legal options in seeking compensation for damages.
Wrongful Death
When someone dies because of someone else’s negligence, recklessness, or intentional act, their family members may have the right to file a wrongful death claim on their behalf. Eligible claimants typically include the deceased’s spouse, child, and financial dependents. This type of claim is different from other personal injury cases because it seeks damages related to the loss of a loved one.
If you have lost a family member in a car accident, slip-and-fall, or any other incident, our San Jose accident attorneys can provide guidance on your legal options. We work to support families through this difficult time and help pursue compensation on their behalf.
Hurt in an Accident?
Common Causes Of Accidents
Here are some common causes of accidents in San Jose:
- Insufficient Instructions — Incomplete or unclear instructions may result in errors and accidents. In certain settings, such as a construction site, even the slightest mistake can lead to catastrophic injuries. On the other hand, disregarding regulations and guidelines also causes accidents.
- Cluttered Spaces — A lack of cleanliness and organization can create hazards in workplaces or public spaces. Tripping over clutter, debris, or misplaced objects is a common cause of accidents.
- Overconfidence — Overconfidence can lead people to neglect proper safety protocols. For example, property owners who are overly confident in their maintenance efforts might overlook hazardous conditions in their premises. This can result in accidents, such as slips and falls, for unsuspecting visitors.
- Ignoring Safety Procedures — Deliberately disregarding established safety rules and procedures significantly increases the risk of accidents. For example, not wearing protective gear can lead to serious injuries on construction sites.
- Distractions — Personal distractions can divert attention from the task at hand and lead to serious consequences. For instance, distracted driving contributes to many vehicular collisions.
- Inadequate Planning — Not conducting thorough safety analyses or job safety assessments (JSA) before starting tasks can expose workers to unnecessary risks. In industrial settings, inadequate planning can lead to accidents due to equipment failures.
- Taking Shortcuts — When individuals or workers skip safety procedures to save time or effort, they increase the likelihood of accidents. In product liability cases, shortcuts in the manufacturing process can lead to defective products that harm consumers.
Usual Injuries After An Accident
Some injuries sustained after an accident can cause long-term or permanent physical harm. Prompt medical treatment is crucial to prevent further complications and, in some cases, save lives.
Here are some common injuries that one might suffer after an accident:
- Loss of limbs.
- Brain injuries.
- Scars and disfigurement.
- Neck injuries.
- Concussions.
- Whiplash.
- Leg and foot injuries.
- Facial injuries.
- Paralysis.
- Burns.
- Internal bleeding.
- Back and spinal cord injuries.
- Wrist and hand injuries.
- Pain and distress.
- Bruising.
- Broken bones.
- Post-traumatic stress disorder and other mental conditions.
Our San Jose accident attorneys can handle cases involving a wide range of injuries, from brain damage and paralysis to trauma and emotional distress. We provide legal support, working to pursue fair compensation for injuries, pain, and suffering.
Proving Negligence In An Accident
In a legal context, negligence refers to someone failing to exercise the expected standard of care in a situation, thereby harming another person. To prove that the defendant is liable for your injuries, the following elements must be generally established:
- Duty of Care — The defendant owed you a legal duty to act in a reasonably safe way to avoid causing harm. This duty can arise from various factors, such as laws, regulations, or the inherent nature of a situation. For example, drivers have a duty to operate their vehicles safely, property owners have a duty to maintain a safe environment for visitors, and manufacturers must design and produce safe products.
- Breach of Duty — The defendant failed to fulfill their duty of care. This means their actions or inaction fell below the standard of care expected in that situation.
- Causation — The defendant’s breach of duty directly caused your injuries. Proving causation requires strong evidence, such as medical records and witness testimonies.
- Damages — You must demonstrate the financial or emotional harm you suffered due to the defendant’s negligence. This can be economic (e.g., medical bills, lost wages) and non-economic (e.g., emotional distress, pain, and suffering).
The San Jose accident lawyers at Arash Law have experience in demonstrating negligence. We work to connect your injuries to the defendant’s actions and assist in pursuing compensation for your losses.
Compensation Victims Can Pursue After An Accident
If you’ve been in an accident, you might be eligible for compensation that covers your financial and personal losses. This includes:
Economic Damages
These are the tangible financial costs you’ve faced because of the accident and your injuries, such as:
- Medical bills, including payment for medication, related to past, ongoing, and future treatments.
- Lost income and reduced ability to earn in the future.
- Other expenses, like paying for a home health nurse and modifications to your home to support long-term disability.
Non-Economic Damages
These cover personal losses that aren’t as easy to quantify, including:
- Inconvenience
- Disfigurement
- Pain and suffering
- Emotional distress
- Loss of companionship
Punitive Damages
You might also be awarded punitive damages in rare situations where the person at fault acted maliciously or with gross negligence. These damages are meant to punish the wrongdoer and prevent similar behavior in the future.
Our San Jose accident attorneys are here to support you every step of the way after an accident. We will handle all the legal aspects of your case, from gathering evidence and negotiating with insurance companies to representing you in court if necessary. If you want to know which of the damages above you might be entitled to recover, get in touch with our team.
What To Do After Getting Injured In An Accident In San Jose
The steps below are general recommendations that may help you protect your rights after an accident. Here’s what you can consider doing:
- Check for Injuries — Assess yourself to see if you have any visible bruises or cuts. If it is safe to do so, move yourself and others out of harm’s way.
- Call the Police Immediately — Once the authorities arrive, provide the relevant information for the accident report. Get the report number and take note of the officer’s name and badge number.
- Gather Relevant Information — If possible, take photos and videos of the scene. Exchange information with the other parties. In car accidents, this includes contact details, license plate numbers, and the make and model of the cars involved.
- Seek Medical Attention — For urgent assistance, call 911. Even if you feel fine, get a thorough medical examination once the paramedics arrive. Remember, some injuries might not be immediately apparent.
- Keep Detailed Records — Make a list of everything you remember about the accident. Remember who you talked to about it, when you talked to them, and what you talked about.
- Contact an Accident Lawyer — Consider reaching out to a San Jose accident attorney to help you understand your rights and options. They can investigate, gather evidence, and talk to witnesses on your behalf.
How Long Do You Have To File A Claim In San Jose?
For most types of personal injury cases, you and your San Jose accident lawyers have two years from the injury date to file a claim. However, some claims have different deadlines.
For example, if you have a case against a government agency, you must file a special administrative claim within six months. The government can accept, deny, or ignore your claim. If it is accepted, you get paid. If denied, you have six months to file a lawsuit.
2019: $27M confidential settlement in a case involving multiple plaintiffs.– BRIAN BEECHER
How To Find A San Jose Accident Lawyer For Your Case
Reaching out to a San Jose injury lawyer can help you better understand how to handle your case. Here’s what to consider when looking for one:
Qualifications
Make sure any lawyer you consider is licensed and in good standing with the State Bar of California. Someone who is unlicensed cannot legally represent you in your case.
Experience
Look for attorneys with experience handling cases similar to yours. For example, if you were in a car accident, seek attorneys who focus on car accident claims. For workplace injuries, find lawyers knowledgeable about workers’ compensation.
Track Record
While past results don’t guarantee future outcomes, a lawyer’s track record can indicate their capability. Ask about similar cases they have handled and the outcomes. Furthermore, ask them how often they take cases to trial or settle them outside of court, and if mediation or arbitration is available.
Cost And Fees
When choosing an accident attorney, consider those who offer contingency fees. Under this arrangement, they only receive payment if they win your case. Their fees are a percentage of your settlement. Please note that, even with this fee arrangement, you may still be responsible for some case-related costs.
Communication
Ask about how your lawyer will keep you updated throughout the case. Finding a lawyer who prioritizes clear communication through emails or phone calls ensures you stay informed without added stress.
Referrals
Inquire about referrals from clients and other attorneys. A high number of referrals can reflect a lawyer’s reputation and the trust they’ve built over time.
Finding a lawyer suited to your needs can help you deal with the legal process with greater confidence. If you would like to discuss your case, we offer a complimentary initial consultation.
Accident Statistics In San Jose, California
According to the California Office of Traffic Safety, traffic fatalities in California saw a significant increase of approximately 7.6% between and 2021. This alarming trend highlights the growing concern for road safety across the state.
Traffic safety data shows that San Jose experienced a significant number of collisions in 2021, with alcohol use and speeding identified as key contributing factors.
The U.S. Bureau of Labor Statistics reported that California experienced 504 fatal work injuries in 2022. Additionally, private industry employers in the state reported 419,300 nonfatal workplace injuries and illnesses for the same year.
Frequently Asked Questions
Should I Accept An Initial Settlement Offer From The Insurance Company?
It’s generally not recommended to accept an initial settlement offer from an insurance company without first consulting a lawyer. These initial offers may not include the full extent of your injuries and damages. Accepting an early offer could limit the compensation available to you. Speaking with experienced accident attorneys in San Jose can help you understand the value of your claim before making any decisions.
How Can I Afford An Accident Attorney In San Jose?
Our San Jose accident attorneys work on a contingency fee basis. This means we don’t charge upfront attorney’s fees unless compensation is obtained. However, you may still be responsible for certain case-related costs regardless of the outcome.
Is It Worth Getting Accident Lawyers?
After an accident, many victims wonder, “Do I need a personal injury lawyer?” While hiring a lawyer isn’t legally required, it can be helpful. Legal representation can be valuable because attorneys understand how to evaluate the worth of your case and handle negotiations with insurance companies to seek fair compensation for your injuries.
When Should You Contact An Accident Attorney?
It’s advisable to contact an accident attorney before speaking with the insurance company representing the responsible party. Insurance companies often prioritize their clients’ best interests over yours. Having legal support early on can help protect your rights and interests.
Do I Need A Lawyer For Pain And Suffering?
Hiring a knowledgeable attorney can be beneficial. A lawyer will help you pursue a fair settlement for your injuries, which may include compensation for your pain and suffering. Pain and suffering are difficult to establish since they are subjective. Our skilled San Jose accident attorneys understand how to assess the extent of your damages.
How Much Should I Sue For Pain And Suffering?
The amount you can claim depends on factors like the extent of your injuries, the duration of your medical treatment, and their overall impact on your personal life. Typically, pain and suffering are calculated by multiplying your total economic damages by a variable between 1.5 and 5 (depending on the severity of your injuries). You’ll need reliable San Jose accident attorneys to help you accurately calculate the value of your pain and suffering.
What Is A Good Settlement Offer?
A good settlement offer should sufficiently cover medical bills, lost wages, and other losses specific to your case. The adequacy of an offer depends on the severity of your injuries, required treatments, lost income, and anticipated future medical needs. Since each case varies, consulting experienced accident lawyers in San Jose is crucial to assessing the fairness of any settlement offer you receive.
How Long Does It Take To Settle A Personal Injury Case In San Jose, CA?
Generally, insurance companies have to settle personal injury claims within 85 days from the filing date. They must acknowledge receipt of the claim within 15 days. Following this, they have 40 days to assess and decide on the claim’s validity. If the claim is approved, the insurance company has 30 days to issue the final payment.
However, some cases take years. Some factors that influence this timeline include:
- The severity of the victim’s injuries.
- The time it takes the lawyer to gather evidence.
- The insurance company’s willingness to negotiate.
- The specifics of the accident and any disputes about the fault.
Our San Jose lawyers handling accident cases strive to pursue compensation for our clients. However, please be advised that past results don’t guarantee future outcomes, but we are dedicated to helping you in any way we can. Our team will advocate for your interests, seeking a fair settlement that reflects the full extent of your losses.
Do I Have A Personal Injury Claim?
You may have a case if you were hurt and it wasn’t your fault. Personal injury claims aim to get monetary damages from the at-fault party. Compensation can help lessen the financial burden that frequently follows a major accident, even though it cannot completely eliminate the pain and suffering you’re experiencing. Hiring accident attorneys in San Jose can help handle your personal injury claim, allowing you to focus on your well-being.
How Can A San Jose Accident Lawyer Help Me?
Our skilled San Jose accident attorneys can help you navigate the legal process and build a strong case for compensation. We know the ins and outs of the law and can use our experience to help you. Our lawyers will thoroughly examine your claim and work to pursue the most favorable outcome.
Do I Have To Pay Taxes On My Accident Settlement?
In California, settlements are generally non-taxable. You don’t have to pay taxes on the compensation you get for lost wages and medical bills. Payments for pain, suffering, or emotional distress are also tax-free in California. However, if the court awards punitive damages, these might be taxable. Consult San Jose accident lawyers to find out how federal and state tax rules apply to your situation.
What If My Medical Bills Exceed My Settlement In San Jose?
If your medical bills go beyond the final settlement amount, you’ll be responsible for the remaining balance. However, there might be other options available to you. For instance, you can explain your situation to your medical providers and see if they’re willing to negotiate a lower payment plan or accept a portion of the settlement amount in full payment through a medical lien. If you have health insurance, review your coverage and understand what portion of your medical bills may be covered.
Our San Jose accident lawyers can also help you explore other avenues of compensation. We can advise you on how to manage your remaining medical debt.
What Happens If I Miss The Deadline For Filing My San Jose Accident Claim?
If you miss the deadline for filing an accident claim in San Jose, the court may dismiss your case. This dismissal usually means you lose the right to seek compensation for your injuries and damages. In some cases, there may be exceptions or extensions, such as if the plaintiff was a minor or mentally incapacitated at the time of the accident. If there is a dispute over the filing deadline, a court will decide whether your case is still valid.
Where Can I Get A Copy Of Police Reports For My Personal Injury Case?
If you need a copy of a police report related to an accident in San Jose, you can request it from the SJPD Records Unit at:
201 West Mission Street, San Jose, CA 95110
You can request the report in person, by mail, or online. You may also call (408) 277-4261 for more information.
Note: Because processes change over time, you should check the SJPD’s “Reports & Records” page before requesting to confirm the current fees, wait times, and request methods
Consult Our Accident Lawyers In San Jose
Our San Jose accident attorneys are here to provide legal guidance and help you seek compensation for damages. If you have any concerns regarding personal injury claims, you can call us at (888) 488-1391 or complete our “Do I Have A Case?” form for a free initial consultation.
Arash Law, led by Arash Khorsandi, Esq., has the resources and experience to handle personal injury cases, including truck accident claims.
We can work together to pursue accountability. We can help you seek compensation for your medical bills, lost wages, and property repair costs.
Our accident attorneys represent victims from San Jose and its surrounding areas, including Newark, Redwood City, Palo Alto, Mountain View, Santa Clara, Sunnyvale, Los Gatos, and Fremont.
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