San Jose Car Accident Lawyers

with over $500 Million Recovered in Compensation for Injury Clients.
You May Be Entitled to Compensation
Arash Law Practice Area Border/Divider
We’ll tell you if you have a case or not within five minutes, call (888) 488-1391

Table of Contents

Our Award-winning San Jose Car Accident Lawyers who Turn Injured Victims Into Victors

Getting into an accident in San Jose, California can be scary, frustrating, and confusing. If you have suffered significant injuries because of a car collision, you might wonder how to get compensation to pay for expensive medical bills and replace lost income. The first step towards financial compensation is speaking to experienced San Jose car accident lawyers to discuss your legal rights after a car crash.

The legal team at Arash Law, founded by famous attorney Arash Khorsandi, Esq., has decades of experience helping San Jose car accident victims financially recover from their car accident victims. Contact us today at (888) 488-1391 or via online chat to schedule a free no-obligation case evaluation. We are here to help.

Working with qualified San Jose car accident attorneys can help relieve the financial stress in the aftermath of a car accident. You may be entitled to compensation for your damages, injuries, and other losses. An experienced attorney can get the results you deserve.

Car Accident
$4,100,000.00
A farm worker, suffered multiple broken bones and other orthopedic injuries resulting from an auto accident where the defendant driver attempted to make a left turn in front of our client in heavy fog.
–  ARASH KHORSANDI

California Car Accident Laws

Each state has its own laws regarding car accidents and what damages victims can recover. Under California law, an accident victim must prove that another person, business, or entity is responsible for causing the accident to recover damages. California law allows defendants in car accident cases to assert comparative fault as a legal defense.

In California, an accident plaintiff’s damages award is reduced based on the percentage of fault assigned to the plaintiff by the jury, if any fault is assigned at all. For example, suppose the jury found the plaintiff’s overall damages were valued at $100,000, but the plaintiff was 25 percent responsible for causing the accident. The jury award is reduced by 25 percent to $75,000 in that case.

California drivers are required to carry minimum liability insurance coverage. All California drivers must carry vehicle insurance that covers at least the following:
  • $15,000 of bodily injury coverage per person
  • $30,000 of bodily injury coverage per accident
  • $5,000 for property damage per accident

California laws on car accidents can be confusing, and that is why it is important to hire qualified car accident lawyers in San Jose who can guide you through the legal process after a car accident. If you or a loved one has suffered an injury in an accident, contact trustworthy San Jose car accident lawyers to learn how your claim is affected by the state’s laws on car accidents.

San Jose Motor Vehicle Accident Statistics

Traffic accidents happen frequently across San Jose. The number of traffic accident victims killed in San Jose crashes increased from 46 to 60 since 2021. This increase represents a trend that has been present over the past decade. Over the past ten years, fatal crashes have nearly doubled across San Jose. Over 2,000 traffic crashes involved serious bodily injuries during the same period. San Jose saw 3,705 fatal traffic crashes in 2019. There were 704 arrests for driving under the influence of drugs or alcohol in 2019.

An accident can happen anywhere, but certain areas in the city are more dangerous than others. Some of the deadliest roads across the city of San Jose include:
  • Monterey Road with 7 fatalities in 2021
  • White Road with 4 fatalities in 2021
  • Almaden Expressway with 4 fatalities in 2021
  • Mclaughlin Ave with 4 fatalities in 2021
  • Capitol Expressway with 4 fatalities in 2021
  • Jackson Avenue with 3 fatalities in 2021
  • Tully Road with 3 fatalities in 2021
  • Senter Road with 3 fatalities in 2021
  • McKee Road with 3 fatalities in 2021
  • Santa Teresa Boulevard with 2 fatalities in 2021
The most dangerous intersections in San Jose include:
  • Capitol Expressway at Senter Road
  • Blossom Hill Road at Monterey Road
  • Tully Road at Quimby Road
  • Blossom Hill Road at Winfield Boulevard
  • Capitol Expressway at Ocala Avenue
  • Blossom Hill Road at Almaden Expressway
  • Story Road at Mclaughlin Avenue
Many fatal crashes occur on San Jose highways, including the following areas:
  • Highway 880
  • Lawrence Expressway
  • Highway 87
  • Highway 101

These areas are prone to speeding drivers. Normally, people drive in these areas faster than the posted speed limit. Speeding, especially in these areas, contributes to 20 to 25 percent of traffic collisions yearly.

The rise of rideshare companies has put hundreds more cars on the road. The increase in the number of drivers directly increases the number of traffic accidents.

If you’re suffering from an injury due to a traffic accident, contact experienced San Jose car accident lawyers immediately to protect your rights after a crash.

Common Causes of Car Accidents in San Jose

A traffic collision can happen for a variety of reasons. Since each crash is unique, to prove causation, you will need to work with professionals, including San Jose car accident attorneys and even an accident reconstructionist, to get to the bottom of why an accident happened.

Some of the most common causes of traffic crashes include the following:
1
Traffic Congestion
San Jose is a large metropolitan area. There are always thousands of cars on the city roadways, so it is imperative that every motorist and pedestrian use care when traveling to avoid accidents. However, despite the desire to be careful, accidents happen because of traffic congestion.

San Jose is the home of some of Silicon Valley’s most attractive employers, like Apple, eBay, Google, and Facebook. Many people move to San Jose to take advantage of the city’s economic opportunities. Commuters, who drive approximately 35 hours annually, contribute to the city’s overall traffic problem. As the population continues to increase, San Jose remains one of America’s most congested cities.
2
Failing to Adhere to Local Traffic Laws
Everyone sharing the road must follow all traffic laws. Traffic laws are implemented for motorist and pedestrian safety, so failure to adhere to local traffic laws can put people in danger of property damage, severe bodily injury, or death.

Most traffic accidents happen due to human error. Examples of violations of traffic laws that commonly lead to traffic accidents include running a red light, failure to yield or stop at a stop sign, following too closely, unsafe lane changes, and improper turns.
3
Impaired Driving
Impaired driving is one of the most common causes of traffic accidents across San Jose and nationwide. Driving under the influence includes drinking and taking illicit or prescription drugs, especially if the side effects of the prescription are known to the driver. For example, suppose the driver knows a medication they take causes drowsiness and is warned not to operate a vehicle after taking it. In that case, that may be a basis for liability for the accident victim. Driving under the influence of drugs and alcohol can lead to deadly traffic accidents. From 2006 to 2016, almost 31 percent of motor vehicle crash fatalities were caused by alcohol-impaired driving. This matter persists to be a problem even today.

About 2.17% of Americans admit they get behind the wheel after drinking at least 6 times. On the other hand, almost 24% of the respondents said that they got behind the wheel after drinking around once or twice. Operating a vehicle while intoxicated is negligent, not to mention it is a crime. An impaired driver may face civil and criminal penalties for causing another person’s injury or death.
4
Aggressive or Reckless Driving and Speeding

Aggressive and reckless driving and speeding are each major causes of accidents across the city. Restrictions on speed keep the roads safe and prevent avoidable car accidents. If the other driver was speeding, you might have a claim against the speeding driver.


Aggressive and reckless driving can cause drivers to make careless mistakes—especially aggressive drivers. Road rage can lead to a tragic accident.

5
Texting and Driving

Texting and driving is a form of distracted driving, and it can lead to a serious accident. Technology is a large part of our daily lives, but misuse of technology can make traveling dangerous. It can be challenging to determine if texting and driving were the cause of the accident. If you believe a texting driver caused your accident, speak to an attorney. Acclaimed San Jose car accident lawyers can investigate the case and determine the cause of the accident.

6
Tailgating

Tailgating happens when one driver follows another vehicle too closely and does not leave enough room to stop, or the lead driver stops suddenly and improperly.

7
Poor Road Conditions

Bad road conditions can cause an accident. In that case, neither driver can be at fault for the accident. Bad road conditions cause many crashes in San Jose. Common causes of road conditions that cause traffic accidents usually include inadequate guardrails, too-steep embankments, faded or improper lane markings, potholes, and confusing traffic signs or no traffic signs.

8
Fatigued Driving

Driving without adequate rest can be extremely dangerous. Fatigued driving is just as dangerous as driving under the influence of drugs and alcohol. Driving while drowsy is asking for an accident. If a sleepy driver caused the accident, you are entitled to compensation from the driver.

9
Defective Auto Parts

Manufacturers, including auto part manufacturers, must place safe products on the market. Since many manufacturers are responsible for a different vehicle component, there can be numerous potentially responsible defendants in a product liability claim. It is crucial that consumers can trust the vehicle and the parts that make it up. When vehicle parts do not work, serious accidents can happen.

10
Distracted Driving

Distracted driving includes anything that takes a driver’s attention away from driving, their hands off the wheel, or their eyes off the road. Examples of distracted driving include texting, applying makeup, using the GPS navigation system, or changing the music. Distracted driving can cause severe injuries to the victim. A victim might have a legal claim to recover against the distracted driver.

Emperatriz Ayala
Emperatriz Ayala
Read More
My husband had an accident 2 years ago, a 85 years old man hit him, the Arash law group works very well on my husband case that took 9 month and he won the case and my husband was happy with the results. A year later I got into an accident as well and I’m still waiting in my case is almost resolving and it’s 9 months already. This people knows the law and they do their job right to help you out in getting the most for you to fight on your behalf. I strongly recommend the Arash Law firm they do things right in a efficient and professional manner.
Chris Zavala
Chris Zavala
Read More
Had a great experience with all the people at Arash law. Long story short was in a bad car accident. It was overwhelming and the whole process was a lot, but they kept me in the loop. They answered all my questions and gave me great advice. Couldn't be any happier. Would definitely recommend anyone looking for a personal injury lawyer. They'll guide you through the whole process!
Jill Smith
Jill Smith
Read More
Having Arash Law handle my auto accident was the best decision I could have made. Everyone I interacted with was kind, professional and detail oriented. I am extremely happy with the outcome and would recommend them highly.
Joseph R. Porter
Joseph R. Porter
Read More
From start to finish, Arash Law firm is there every step of the way with close, constant, personal contact and attention. I never knew a Law firm could actually care so much for me as a person and what I was personally going through as well as the settlement I was going to recieve once my case was finally completed. Thank you to everyone at Arash Law for your ongoing support and communication. You are the ONLY firm I will ever recommend to someone who is need of a great attorny.
Monica Parra
Monica Parra
Read More
I had an excellent experience with Arash Law. I will definitely recommend to my family and friends. I interviewed a few firms before deciding to work with Arash Law. What made my experience excellent was (i.e. head attorney being accessible to talk to and he answered all my questions and concerns, sensitive and thorough personel who completed in home intake & follow up process, being connected immediately to quality Physicians who addressed my injuries and recovery process, clear contract-read throughly to ensure its something you can commit to). Being in a car accident is a traumatic experience and I had a sense of peace knowing Arash Firm was walking with me throughout the whole process. Thank you Arash Firm for all your hard work and help. I am so grateful and appreciative for you all! 🙏 With Gratitude, Monica Parra
Previous
Next

Types of Motor Vehicle Accidents

There are various types of traffic crashes that occur throughout San Jose, and they are just as varied as the causes of the accident. The type of traffic crash can often determine the severity of the damage and injuries the victim sustains.

Rollover Accidents

Rollover accidents are common in San Jose. A rollover accident usually involves a commercial truck. Because of their size, if a commercial truck is operated at a higher speed than the posted speed limit, the driver is at risk of losing control of the vehicle. The truck driver may hit something, like another vehicle, a median, or a guardrail; the vehicle loses balance, and the truck turns over on its roof. Rollover accidents can also happen if the driver takes a corner too quickly or makes a reckless turn. Rollover accidents can happen, particularly in inclement weather.

If you suffered an injury in the aftermath of a rollover accident, contact Arash Law’s award-winning San Jose car accident lawyers immediately. Do not hesitate to contact an experienced accident attorney to protect your legal rights after a crash.

Side-Angle Impact Crashes

Side-angle impact crashes typically happen at intersections. These accidents happen when one driver fails to stop at a stop sign or runs through a red light. The driver impacts the side of the other vehicle, making a “T” shape, which is why these collisions are sometimes called “T-bone collisions.”

A head-on collision happens when the front end of two vehicles collides with each other. Head-on collisions normally happen on narrow or winding roads where it is harder to navigate tight spaces. It can be harder for drivers to remain in their lanes on these types of roads. Head-on collisions can result in severe bodily injury and death.

Rear-End Collisions

Rear-end collisions often happen when the back driver follows the lead car too closely and crashes into the lead car’s tail end. Drivers are often distracted, not paying attention, not noticing the car in front of them, and failing to stop before impact.

Sometimes, the lead car is the cause of a rear-end accident. The lead car causes a rear-end accident usually because the driver slows down or stops suddenly without giving the other driver enough time to slow down and avoid an accident.

Whether the driver is in front or back, California traffic laws require every motorist to leave enough room between them and another car to help prevent an accident.

Common Injuries Caused by Car Crashes

A car accident victim may suffer a variety of injuries and may suffer multiple injuries at once. Drivers, passengers, cyclists, and pedestrians are all vulnerable to serious bodily injuries or death.

Car accident victims should seek immediate medical attention after a crash. If you were in an accident, get a physical examination even if you feel fine. Some injuries do not present symptoms for hours or days after the initial impact. Examples of common injuries caused by car crashes include:
  • Spinal cord injuries
  • Soft tissue injuries
  • Neck, head, and back injuries
  • Traumatic brain injuries, including concussions
  • Burns
  • Internal bleeding and organ damage
  • Back injuries
  • Disfigurement
  • Temporary or permanent disability
  • Broken bones and fractures
  • Whiplash
  • Amputation
  • Death

The severity of your injuries usually determines the amount of compensation you may be entitled to receive. Some injuries are minor, and others come with a need for life-long medical treatment. For example, if you sprained your ankle or wrist, the overall value of your claim may be less than if one of your limbs needed to be amputated.

Despite the severity of your injuries, skilled San Jose car accident lawyers can get the compensation you deserve. Your attorney will work with you as you review your medical bills, the cost of medications prescribed to you, and your doctor’s opinions about your injury to help evaluate the final settlement value of your case.

How Long Does It Take for My Car Accident Injuries to Appear?

Remember, some injuries do not appear for hours or days after the accident. Evidence of injuries like contusions, internal organ damage, bleeding, or concussions does not manifest immediately. It is important to get yourself checked out by a medical professional immediately, even if you think you have not suffered a serious injury.

Most injuries resulting from a car accident are apparent within one to two days of the crash. However, although they have not yet manifested, serious injuries may have an immediate negative impact on the survivor. For example, you may suffer from infections or brain bleeds that show no symptoms for weeks after an accident but are nonetheless wreaking havoc on your body. Seeking medical attention right after an accident is crucial to your physical well-being.

Types of Motor Vehicle Accidents
What Do I Do After a Motor Vehicle Accident

Most accident victims want to know how to protect their legal rights and take care of their physical injuries. Address each of these issues simultaneously and immediately after an accident.

Seek medical attention right away. Failure to receive medical treatment can cause you further injuries and harm. Some injuries do not present themselves without a medical evaluation, like internal bleeding and organ damage. You may suffer traumatic brain injuries, including concussions, and need immediate treatment to save your life.

Getting medical attention after a car crash can also help protect your legal rights. Connecting the crash to the harm can be difficult in some cases. Contemporaneous treatment can bolster your argument for causation.

After securing proper medical treatment, speak to esteemed San Jose car accident attorneys to protect your legal rights. Getting proper legal representation is as important as getting medical treatment.

Your lawyer can provide the following services in the immediate aftermath of a car accident:
  • Recommend medical specialists who work with accident victims to ensure you get proper medical care
  • Discuss your legal options and possible rights to compensation
  • Protect you from improper insurance company tactics
  • Collect evidence that can support your claim
  • Begin building a case strategy to set you up for a successful outcome

Being represented by an attorney helps you focus on your physical recovery because you can rely on your team to handle the legal side of the matter. An attorney and their team will shield you from bullying tactics from the insurance company and help you avoid falling prey to the various tricks they use to reduce or eliminate the payout they owe you.

Knowing how to react after a car accident can be frustrating and confusing. However, you are on the right track if you seek medical attention and legal advice. Despite the circumstances, the success of your case depends on how proactive you are after the crash. Contact trusted San Jose car accident lawyers to learn more about your options after a car accident.

Can I Sue the Responsible Party for Damages?

Whether you can sue for damages after a car accident depends on the facts and circumstances surrounding the crash. In California, whether you have the right to sue for damages after a car crash depends on the percentage of responsibility assigned to you for causing the accident. If an accident victim was anything less than 100 percent at fault for the crash, they may have a legal cause of action. If you solely caused the accident, you may not have the right to seek compensation from another party.

What Damages Are Available After an Accident?

There are various types of damages available after a car accident. Accident victims may be entitled to recover from one or more categories of damages. Typical types of damages available in an accident claim include economic, non-economic, or punitive damages.

Economic

Economic damages are physical, tangible losses that are usually easily identifiable. Economic damage is usually obvious to most people who examine the case. Examples of economic damage include medical bills and expenses and lost income.

Non-Economic

Non-economic damages usually include intangible losses that are not readily identifiable. Examples of non-economic damages include mental and emotional trauma, embarrassment, inconvenience, and pain and suffering. An attorney understands what non-economic damages you may be entitled to recover from after an accident.

Punitive

Punitive damages are not used to compensate the victim. These damages are rare and used as punishment for the defendant’s extreme and outrageous conduct. In California, punitive damages are only available in cases that involve malice, fraud, or oppression. Speak with your San Jose car accident lawyers to discuss the availability of punitive damages in your case.

How Much Is My Claim Worth?

The total value of your car accident claim will vary depending on the specific circumstances surrounding your accident. No two traffic accidents will have the same settlement value. Even if the accidents look similar from the outside, like two rear-end car crashes, the accidents may have vastly different values by the end of the case.

There is no way to guarantee you will receive a settlement offer, but legal representation puts an accident victim in the best position for a full recovery.

The severity of your injuries and losses determines the total value of your case. In California, you can recover monetary and non-monetary losses and, in some cases, punitive damages. Examples of facts that affect your car accident case value include the following:
  • Property damage
  • Mental anguish and emotional trauma
  • The number of potentially responsible defendants
  • The level of disability, if any, you sustained from the accident
  • Lost income and lost earning capacity
  • Current and future anticipated medical bills, costs of rehabilitative care, and medical equipment
  • The severity of the physical injuries that the victim suffered
  • Whether the driver and victim had auto insurance or assets to pay the victim’s damages
  • The type of defendant responsible for damages (i.e., is the defendant an individual or a corporation?)
  • Whether the victim’s full recovery is likely
  • How long the victim’s full recovery will take if full recovery is possible
  • The victim’s age before the crash
  • The victim’s health before the accident
  • How much money the victim made before the accident

In addition to the harm the victim suffered, the case’s final settlement value will depend on the amount of insurance coverage available to cover the victim’s losses. Most accident victims’ recovery will be limited to the defendant’s policy limits. For example, the victim may have $1 million in damages, but the defendant’s liability insurance policy limit is $500,000. No money may be left after the insurance policy limits are reached. Therefore, the accident victim’s recovery may be limited to $500,000.

This list of what affects the final value of the claim is not exhaustive. However, these facts help the insurance company and your attorney understand your case’s value and what a reasonable settlement offer will include. If the insurance company and you and your attorney cannot meet in the middle regarding a final settlement amount, your case may continue to trial.

Will I Need to Go to Court to Receive My Compensation?

Not all accident claims end up in court. Whether your claim will see the inside of a courtroom depends on the success of settlement negotiations. Most car accident lawsuits begin with an attempt to settle the case without needing the courts to resolve the case for the parties.

Negotiations can be overwhelming. Many insurance companies try to intimidate the victim into settling for a small amount. Often, a car accident victim does not know what their case is worth or how to get more money from the insurance company. An attorney can help bridge this gap. Insurance companies are more likely to offer an appropriate settlement to car accident victims who have an attorney.

Sometimes, even with the assistance of counsel, taking your claim to court is the best way to resolve your accident claim successfully. An experienced San Jose accident attorney can present your case persuasively to a judge or jury to ensure you get the best results.

Adept San Jose car accident attorneys can work with insurance companies and the court system to ensure that you get access to full and fair compensation.

How Long Will It Take to Receive Compensation?

Most accident victims want to resolve their claims as quickly as possible. That is understandable. A simple case that involves minor injuries and property damage can be resolved more quickly than an accident that causes a victim to suffer a permanently debilitating injury.

Some of the duration of your traffic accident crash is outside your control, but other aspects of recovering a settlement are in your hands. Consider what follows below.

Cost

Insurance companies do not want to pay a penny to accident victims, so the more money they stand to lose in a settlement payout, the more they will resist a resolution. If the insurance company is unwilling to offer a satisfactory settlement, your case might continue to trial. Setting a trial date and completing the trial can take several weeks or months.

Complexity

There may be complex legal and factual aspects of a claim, and its complexity can mean it will take longer to resolve a case. Complications can arise while the case is pending. Examples of complexity include joining parties to the case and amending the claims so they accurately reflect the facts of the case.

Controversy

There can be multiple parties in a car accident case. For example, a driver and vehicle manufacturer may share liability for the crash. If that happens, they may fight over the amount of damages they owe to the victim. A lot of controversy in a case can mean that a significant amount of time can elapse between the impact and resolution.

Having an attorney working on your behalf can ensure your case moves forward as smoothly as possible. The case’s complexity and any existing controversy can come as a surprise, and that is why you need an attorney to react to the changes as your case evolves.

If you or a loved one has suffered injuries, damages, or other losses in a car accident, contact San Jose car accident attorneys for assistance.

Gabriel M.
$7,750,000
Car Accident Settlement
This was a sad and tragic case in which our client was paralyzed after being struck by a distracted driver. The maximum policy settlement was 5.25 million and we were able to settle for the full amount. In addition, we were able to add additional workers' compensation benefits from our client's employer, as he was working at the time of the incident. The parties agreed to settle our client's workers' compensation claim for $2.5 million.
Car Accident Settlement
This was a sad and tragic case in which our client was paralyzed after being struck by a distracted driver. The maximum policy settlement was 5.25 million and we were able to settle for the full amount. In addition, we were able to add additional workers' compensation benefits from our client's employer, as he was working at the time of the incident. The parties agreed to settle our client's workers' compensation claim for $2.5 million.
Am I Automatically Responsible If I Am the Only Car Involved?

Sometimes, a driver can suffer injuries after getting into a single-car accident. A single-car accident happens when no other drivers or vehicles are not involved in the crash. Who is responsible for paying for damages in a single-car accident depends on the cause of the accident. For example, an accident can be caused without driver error. Sometimes, manufacturers put unsafe vehicles onto the marketplace, and defective components can cause serious car crashes.

You are not automatically liable for damages in a single-car accident. If a manufacturer is responsible for a defective part, you can file a lawsuit against the manufacturer. An attorney will understand your rights to compensation if you have a claim against a vehicle part manufacturer.

If Another Driver Rear-Ended Me, Is that Driver Automatically Responsible?

Liability in rear-end accidents can be complex. Usually, the rear driver is at fault for causing a rear-end accident, but that is not always the case. Rear-end accidents can happen for various reasons, including following too closely, stopping suddenly, or distracted or drowsy driving. Sometimes, a rear-end accident can be caused by a brake malfunction. For example, the brake manufacturer may share liability for the accident.

Handling Insurance Companies After a San Jose Motor Vehicle Accident

While your case is pending, you will likely deal with at least two insurance companies- your carrier and the other driver’s insurance company. How you handle these interactions will determine the outcome of your case. You will need to report the accident to your insurance company and make a claim with the other driver’s insurance company. A San Jose accident lawyer can assist you as you try to deal with each insurance company involved in the car accident. Consider the following when dealing with insurance companies.

Dealing with Your Insurance Provider

Your automobile insurance policy may require you to report an accident immediately, even if the accident is not your fault. Speak with your attorney before reporting the accident to your provider. Do not delay. A lapse in time may be a violation of the terms of your policy.

If the driver who caused your accident did not have car insurance coverage, you might need to file a claim with your insurance carrier. You may need to file a claim against your uninsured or underinsured motorist coverage.

Uninsured and underinsured motorist coverage is available when you apply for your insurance policy. Uninsured motorist coverage allows a policyholder to collect money for their damages if the other driver caused an accident and they did not have at least the minimum amount of insurance coverage required by California law. Underinsured motorist coverage is used if the at-fault driver has the minimum liability insurance required by state law. Still, the minimum policy limits are insufficient to cover your property damage, medical bills, and other losses from the accident.

It may surprise you that dealing with your own insurance carrier can be as frustrating as dealing with the opposing insurance company. Still, every automobile insurance company is a business concerned more about the bottom line than individuals. Even though you are a customer of this company, it has no loyalty to you. Insurance adjusters, whether they represent you or the other driver, act in the company’s best interest.

For example, an insurance company may attempt to intimidate you by claiming that the initial offer is the final offer and you must take it or leave it. That is untrue. Another tactic insurance companies use to limit the recovery injured victims receive. An attorney acts as a defense to this tactic as well.

Our San Jose car accident attorneys will negotiate a settlement on your behalf. Insurance companies take accident victims who are represented by legal counsel more seriously because they know they cannot intimidate a qualified attorney into accepting an inadequate settlement amount.

Dealing with the Other Driver’s Insurance Provider

It is critical that you avoid contact with the other driver’s insurance company before speaking with an attorney first. Even if you do not share any responsibility for the accident, you can expect the at-fault party’s insurance carrier to try to mitigate the amount of financial payout they must deliver. Having legal representation can help you stand up against intimidating insurance companies.

The opposing insurance company often contacts an injury victim quickly after a traffic crash. You can expect the same in your case. Insurance companies use this tactic to intimidate injury victims into lowball settlements. The initial offer from an insurance company is usually insufficient and will not cover a victim’s losses. Arash Law’s San Jose accident lawyers understand whether the offer conveyed is proportional to your case.

The opposing insurance company may also ask you for a written and recorded statement. Any statement you give to an adjuster or other insurance company representative can be used against you as your case progresses. It is not a good idea to provide a statement to any insurance company without the advice of counsel.

What should you do if an insurance company contacts you about the accident? Inform the adjuster that you will not speak to them without your attorney. It is okay to tell the adjuster that you have sought legal representation and that all future correspondence regarding the case should be forwarded to your San Jose car accident attorneys.

Am I Automatically Responsible If I Am the Only Car Involved
Motor Vehicle Accident
$3,500,000.00
Settlement in a motor vehicle accident; client suffered internal injuries.
–  JUDD ROSS ALLEN
Should I Take the Insurance Settlement Offer?

Be careful about accepting a settlement offer from another driver’s insurance carrier. Before speaking to an attorney, you should never accept a settlement offer from another insurance provider. Accepting an offer without legal counsel can leave you vulnerable in several ways, including the following:

Downplaying Your Injuries

Insurance companies do not want to spend money on accident claim payouts. To avoid paying people for their losses, the insurance company will downplay your injuries, damages, and other losses. If the insurance company believes it can make an argument to reduce the settlement amount, it will likely offer a lowball settlement offer to a victim as a “take it or leave it” deal. This situation is why you should never accept a settlement offer without speaking to an attorney first.

Attempts to Manipulate Your Stress

Sometimes, insurance companies try to manipulate an accident victim’s stress in the aftermath of the crash. Insurance companies know that injury victims are under extreme stress, and they just want their lives to return to normal. Insurance adjusters use this opportunity to offer a fast but insufficient settlement offer.

It is understandable if you want to take a settlement offer to resolve your case quickly. Again, many accident victims just want to get their lives back to normal. Whether to accept a settlement offer is entirely up to the victim, but speaking to an attorney can help you make an informed decision about the value of your car accident claim. Remember, there is no going back once you accept a settlement offer. You will likely sign a release of liability against the defendant and their insurance company, meaning that you will lose the right to sue them for the same accident in the future.

The Hope That You Never File a Claim

A common practice of insurance companies is sitting on a claim and hoping the accident victim never seeks compensation. In that case, the insurance company may avoid contacting the victim at all. Remember, you have rights after a car crash that is not your fault. Even if the other driver’s insurance company never contacts you, that does not mean you do not have a right to compensation. Contact an attorney immediately to ensure your rights to financial compensation are not lost after a car crash.

Can I File a Claim If I Was a Passenger in the Accident?

You may have been a passenger when an accident happened and suffered injuries. Fortunately, policyholders and drivers are not the only individuals who are entitled to coverage after a traffic crash. Suppose you were a passenger in a car accident. In that case, you have the legal right to file a claim for damages regardless of whether the driver of the vehicle you were a passenger in caused the injuries or the other driver or a third party caused the crash.

If you were in a relative’s vehicle when the crash occurred, their car insurance policy might cover your injuries and losses. Suppose you and the driver are not related. In that case, it may be appropriate for you to file a claim against your personal liability insurance policy or the other driver or third party’s insurance policy. These claims are called third-party claims. A third-party claim can get complex. Having an attorney can increase your odds of a successful outcome. If you were a passenger in a car accident, contact  dedicated San Jose car accident attorneys today.

How Much Do San Jose Accident Lawyers Charge?

The cost of legal representation prevents a lot of accident victims from seeking legal counsel after an accident. However, in most cases, representation requires zero upfront costs. Many car accident lawyers in San Jose represent clients on a contingent basis, which means a client does not pay the attorney unless there is a financial recovery from the case.

Some cases involve litigation expenses. Litigation expenses are the costs of carrying out representation—for example, filing fees and the cost of hiring an expert witness. The terms of your agreement may include terms regarding payment of litigation fees. Often, accident attorneys agree to front the litigation costs and require repayment if there is a financial settlement.

A contingency fee arrangement aims to help accident victims get access to compensation without another financial burden.

No Recovery, No Fee

Many civil accident attorneys work on a contingency fee basis. A contingency fee allows a client to defer payment for legal services until the case is resolved. This type of payment structure allows injury victims who may not otherwise have the means to hire an attorney to pursue litigation with legal representation.

We do not charge a fee for our services unless we win monetary compensation on your behalf. You can rest assured that our legal team will work hard to seek the best results on your car accident claim. You do not owe us a dime if we do not achieve a successful outcome.

Is Hiring San Jose Car Accident Lawyers Worth It?

Spending time researching attorneys can seem like another task keeping you from returning your life to normal. However, there are major benefits to hiring qualified San Jose car accident lawyers when trying to resolve your claim. Here are some benefits that attorneys offer:

Experience and Expertise

Knowing the law well helps increase the chances of a successful outcome. An attorney knows the law, and an experienced accident attorney has experience making persuasive arguments for collecting compensation.

Collect Evidence on Your Behalf

Your legal team will have the time and resources to collect evidence on your behalf. Your attorney will gather evidence, including police reports, witness statements, video footage, medical records, photographs, and expert testimony. Having an attorney working on your behalf gives you greater access to collecting evidence.

Maximize Your Claim

An attorney can maximize your final settlement amount. While having legal representation does not guarantee you will receive a large settlement payout, it helps. Legal counsel significantly increases your odds of receiving full and fair compensation after a car accident.

What If I Was Partially Responsible for the Accident?

California law allows car accident victims to recover for their losses even if they are partially at fault for causing the accident. In most cases, as long as the accident victim is not 100 percent at fault for causing the accident, they can recover compensation. However, the amount of compensation the accident victim can receive is lowered based on the percentage of fault assigned to the accident victim. For example, if the total damages awarded is $50,00, but the victim’s fault is set at 10 percent, the total amount recoverable by the victim is $49,500.

Why Choose Our San Jose Car Accident Lawyers to Take On Your Case?

Often, many pieces of the puzzle are put together after an accident to determine the cause. First, the responding officers will investigate the accident scene, each insurance company will then investigate, and finally, your legal team will conduct its own investigation into the cause of the accident.

Sometimes, the cause of the accident is unclear. Under California law, the plaintiff may be found to have contributed to the accident, and their jury verdict is reduced based on the percentage of the plaintiff’s fault. Because their liability may be reduced, the opposing side will work hard to shift the blame for the accident to the victim.

For example, in a rear-end accident, the rear driver may have been speeding and unable to come to a stop to avoid an accident, but the front driver has a broken taillight, so the rear driver did not know the front was stopped. In that scenario, each driver may share fault for the accident. An attorney can determine who is at fault and whether you share liability for the accident.

Our legal team is laser-focused on getting you the results you deserve after an injury. We understand the issues that accident victims face after suffering injuries from a car accident. We want to build a case that improves your odds of a successful outcome.

Our legal team is compassionate and passionate. We have dedicated our practice to helping injured Californians get the compensation they need to get their lives back on track.

Led by Arash Khorsandi, Esq., Arash Law has car accident attorneys who are not afraid to fight for you against the competition. If a settlement offer is not satisfactory, we are not afraid to fight harder to get you what you deserve. We work tirelessly to ensure the party or parties responsible for your harm pay for their actions.

Our team represents accident victims who suffered an injury in various car accidents. We have won compensation for car accident victims who suffered an injury in drunk driving accidents, speeding accidents, reckless endangerment, distracted driving, drugged driving, and auto defects.

Mostly, you can rely on our legal team’s knowledge, experience, and skill in your claim. We want to provide our clients with comfort so they know we have their backs and are looking out for their best interests. We handle each aspect of the legal process, and that means you solely focus on taking care of yourself and your family. We are on your side and can help you get your life back.

Contact The Most Respected Car Accident Lawyers San Jose Has to Offer Today

The legal team at Arash Law, headed by Arash Khorsandi, Esq., has decades of experience helping crash victims get full and fair compensation. At Arash Law, we understand the toll a car crash can take on an injury victim, and we want to ensure things are as smooth as possible as you attempt to collect the financial recovery you may be entitled to receive. Hiring a legal team gives you the support that you need after an accident and puts you in the best position for a successful resolution.

We cater to San Jose and nearby locations, including Santa Clara, Sunnyvale, Cupertino, Mountain View, Milpitas, and Palo Alto. Our services cover the entirety of California, all counties included. Contact us today at (888) 488-1391 or via online chat to schedule a free no-obligation case evaluation to discuss your legal options.

We look forward to speaking with you!

Get The Latest News from The Best California Accident Law Firm Today

Thank You, We’ll contact you shortly.