San Jose Car Accident Lawyers

What Compensation Can I Receive for a Car Accident in San Jose?

If another driver’s negligence caused your accident, you may be entitled to compensation for both financial and personal losses. These losses fall into two categories: economic damages (special damages) and non-economic damages (general damages).

Economic Damages

Economic damages cover specific financial losses from the accident. These include:

• Medical bills (hospital visits, surgeries, medications, therapy)
• Lost wages or reduced earning capacity
• Car repair or replacement costs
• Other personal property damage
• Costs of hiring help, such as home care or childcare

These losses are easier to calculate using receipts, pay stubs, and bills. Thompson Law will assess your financial records to ensure you claim the full amount you deserve.

Non-Economic Damages

Non-economic damages compensate for intangible losses that don’t have a clear monetary value, such as:

• Physical pain and emotional suffering
• Loss of enjoyment of life
• Disability, disfigurement, or long-term impairments
• Loss of companionship in wrongful death cases

While these damages do not come with receipts, they can still be significant. Insurance companies often use past court verdicts in similar cases to estimate their value.

Punitive Damages

Punitive damages may also be awarded in cases where the at-fault driver acted with extreme recklessness, such as driving under the influence. These are meant to punish the wrongdoer and prevent similar behavior in the future.

While no amount of money can undo the damage caused by a car accident, seeking compensation can help cover your expenses and provide financial stability.

Our San Jose Car Accident Lawyers Charge No Upfront Costs

Most car accident lawyers in San Jose work on a contingency fee basis. This means you don’t pay anything upfront, and your lawyer only gets paid if they win your case. Here’s what that means for you:

• No win, no fee:  If your lawyer doesn’t secure a settlement or verdict, you owe nothing.
• Percentage-based fee:  If your case is successful, the lawyer’s fee is a percentage of the compensation you receive. This percentage is typically between 25% and 40%, depending on the complexity of the case.
• No surprise costs:  Many lawyers cover expenses like court filing fees, accident investigations, and expert witnesses. These costs are then deducted from your final settlement.

This payment structure ensures that your lawyer is motivated to get the best possible outcome. If you have questions about legal fees or need help with your case, contact Thompson Law’s San Jose car accident lawyers for a FREE CONSULTATION.

Time Limits for Filing Car Accident Claims in San Jose

San Jose follows California law, which sets specific deadlines for filing car accident lawsuits:

• Personal Injury Claims:  You have two years from the accident date to file a lawsuit seeking compensation for injuries.
• Property Damage Claims:  You have three years from the accident date to file for vehicle or property repairs.

If the accident involves a government entity, you must file a claim within six months. Missing these deadlines can prevent you from recovering damages, regardless of fault.

How to Prove Negligence in a San Jose Car Accident Case

To hold someone accountable for a car accident, you must prove negligence. In San Jose, drivers are legally required to follow traffic laws and act responsibly for the safety of others (e.g. passengers, pedestrians, and fellow drivers). If a driver doesn’t fulfill this duty, they can be held liable for damages caused by their actions.

Proving negligence requires four main elements:

• Duty of Care:  The person at fault had a legal obligation to act safely on the road.
• Breach of Duty:  They failed to fulfill this duty, perhaps by speeding, texting while driving, or ignoring traffic signals.
• Causation:  Their breach directly led to the accident and your injuries.
• Damages:  You suffered losses like medical bills, lost wages, or pain and suffering—because of the accident.

In San Jose, even if you’re partly at fault, you can still recover damages. The city follows California’s pure comparative negligence law, which means your compensation is reduced by your percentage of fault. For example, if you’re 20% responsible in a $10,000 claim, you could receive $8,000.

If you’re unsure how negligence laws affect your case, contact our experienced car accident lawyers in San Jose. We’ll guide you through the process and fight for the compensation you deserve.

Why Choose Thompson Law?

As one of the best personal injury law firms in the area, Thompson Law has a team of experienced and dedicated personal injury attorneys who are ready to fight for your legal rights.

At Thompson Law, we understand the emotional distress that comes with serious injuries, and we are committed to providing you with the best legal representation possible. Our trial lawyers are not afraid to take your case to court if necessary and have successfully secured billions of dollars in compensatory and punitive damages for our clients.

We have extensive experience working with insurance companies, large corporations, and medical professionals, and we know how to get you the results you deserve. We operate on a contingency fee basis, meaning you will not have to pay anything until we win your case.

Don’t let a personal injury case ruin your life. Contact Thompson Law‘s San Jose car accident lawyers today and schedule a FREE CONSULTATION to discuss your legal options. Our team of dedicated injury attorneys will provide you with the legal advice and representation you need to get the compensation you deserve.

San Jose Car Accident Statistics

According to San Jose city data, there were a huge number of car accidents in San Jose, with one recent year reporting 1,057 traffic collisions resulting in 1,184 injuries and 40 fatalities; notably, San Jose is also known historically to have a high percentage of fatal auto-pedestrian collisions, with a huge number of pedestrian-related deaths in recent years.

Additionally in 2022, the city recorded 65 traffic-related deaths, up from 60 in 2021. Pedestrian fatalities also increased, with 32 deaths in 2022 compared to 23 in 2021.

Most Common Causes of Car Accidents in San Jose

Car accidents in San Jose often happen due to driver errors, poor decisions, or external factors. Here are the most common causes:

• Distracted driving:  Activities like using a phone or eating can divert attention from the road, leading to accidents.
• Speeding:  Driving faster than the speed limit or too fast for road conditions increases the chance of crashes.
• Driving under the influence:  Alcohol or drugs impair judgment and reaction times, leading to severe accidents.
• Reckless driving:  Behaviors such as tailgating, weaving through traffic, or ignoring traffic signals can cause collisions.
• Failure to yield:  Not giving the right of way at intersections or to pedestrians and cyclists often results in accidents.
• Weather-related issues:  Rain, fog, or slippery roads can make driving hazardous if drivers don’t adjust their speed or driving habits.
• Third-party factors:  Defective vehicle parts, poorly maintained roads, or unclear signage can also contribute to accidents, potentially shifting liability to manufacturers or local authorities.

Common Types of Car Accidents Our San Diego Attorneys Handle

Our experienced San Jose car accident lawyers handle various types of vehicle accidents, including:

• Fatal Car Accidents:  Tragic events resulting in loss of life, requiring sensitive and skilled legal assistance.
• Rear-End Collisions:  Often occurring in heavy traffic or due to distracted driving, leading to injuries like whiplash.
• T-Bone or Side-Impact Collisions:  Happen when the front of one vehicle strikes the side of another, posing significant danger to occupants.
• Head-On Collisions:  Severe accidents where two vehicles collide front-to-front, often resulting in serious injuries or fatalities.
• Speeding Accidents:  Crashes caused by drivers exceeding speed limits, leading to high-impact collisions.
• Weather-Related Accidents:  Incidents occurring due to adverse weather conditions like rain or fog, making roads slippery and visibility poor.
• Accidents Involving Elderly Drivers:  Collisions where age-related factors such as delayed reaction times or vision impairments play a role.
• Hit-and-Run Accidents:  Cases where the at-fault driver leaves the scene, complicating the process of seeking compensation.
• Rideshare Accidents:  Incidents involving vehicles from services like Uber or Lyft, which can present unique legal challenges.
• Driverless or Autonomous Vehicle Accidents:  Emerging cases involving self-driving cars, raising complex questions about liability.
• Intersection Accidents:  Collisions occurring at crossroads, often due to drivers running red lights or failing to yield.

If you or a loved one has been involved in any of these types of accidents, our San Jose car accident attorneys are ready to help you pursue the compensation you deserve.

What to Do After a Car Accident in San Jose

Taking the right steps after a car accident can protect your rights and strengthen your claim:

1. Move to Safety:  If possible, relocate to a safe area away from traffic and turn on hazard lights.
2. Call 911:  Report the accident to emergency services to get medical assistance and an official police report.
3. Document the Scene:  Take photos of vehicle damage, license plates, visible injuries, and the overall accident scene.
4. Gather Information:  Collect contact details from witnesses and note any nearby surveillance cameras that might have recorded the incident.
5. Seek Medical Attention:  Even if you feel fine, some injuries aren’t immediately apparent. A medical evaluation can identify and document any issues.
6. Contact Our San Jose Car Accident Attorneys:  Navigating legal claims can be complex. Our experienced lawyers can guide you through the process to help secure fair compensation.

High-Risk Roads in San Jose

San Jose’s roads witness numerous accidents annually, with certain routes posing higher risks due to heavy traffic, complex designs, or high speeds. Here are some of the most accident-prone roads in the city:

• Capitol Expressway and Story Road Intersection:  This busy junction has seen 56 crashes, making it one of San Jose’s most hazardous spots.
• Curtner Avenue/Tully Road and Monterey Road Intersection:  With 51 reported accidents, this complex intersection is particularly challenging for drivers.
• Capitol Avenue and McKee Road Intersection:  This area has experienced 50 crashes, highlighting the need for increased caution.
• King Road and Story Road Intersection:  Recording 49 accidents, this intersection is a notable risk area.
• Capitol Expressway and Tully Road Intersection:  This junction has seen 44 crashes, underscoring its danger to motorists.

These intersections are particularly hazardous due to factors like high traffic volumes and complex traffic patterns. For instance, the Capitol Expressway appears multiple times in the top accident sites, indicating a corridor of high risk for San Jose drivers.

FAQs About San Jose Car Accidents

What should I do if the at-fault driver doesn’t have insurance?

If the driver responsible for the crash is uninsured, you may still be able to recover damages through uninsured motorist (UM) coverage on your own insurance policy. If you don’t have UM coverage, you may be able to seek compensation through other options, like suing the driver directly.

Can I still file a claim if I was partially at fault for the accident?

Yes. San Jose follows California’s pure comparative negligence rule, which allows you to recover compensation even if you were partially responsible for the accident. However, your settlement will be reduced based on your percentage of fault. For example, if you were found 20% at fault in a crash with $50,000 in damages, you could still recover $40,000.

Can you sue a minor for a car accident in San Jose?

Minors under 18 typically cannot be sued directly, but their parents or guardians may be held responsible in certain situations. Here’s how liability works:

• Parental responsibility:  If a parent allowed an unlicensed or reckless teen to drive, they could be held accountable.
• Minor’s negligence:  Teen drivers must follow the same traffic laws as adults. If they cause a crash, their inexperience does not excuse them from liability.
• Intentional misconduct:  If a minor intentionally causes a crash—such as racing or using a vehicle recklessly—their parents may be responsible for the damages.

If a minor was involved in your accident, Thompson Law can investigate and determine liability. Contact us for a FREE CONSULTATION.

How long does it take to settle a car accident case in San Jose?

The timeline depends on several factors:

• Severity of injuries:  Cases involving serious injuries or long-term medical treatment often take longer.
• Insurance company negotiations:  If the insurer offers a fair settlement quickly, your case could be resolved in a few months. If they fight the claim, it may take a year or longer.
• Lawsuits:  If your case goes to court, the process can extend to several years, depending on court schedules and legal proceedings.

Our team at Thompson Law will work to get you a fair settlement as quickly as possible while ensuring you receive the compensation you deserve.

Can I claim compensation for emotional distress after a car accident?

Yes. Emotional distress is a type of non-economic damage that can be included in your claim. This may cover:

• Anxiety or depression caused by the accident
• Post-traumatic stress disorder (PTSD), especially in severe crashes
• Fear of driving or returning to the accident site
• Reduced quality of life due to physical or emotional pain

If your accident has affected your mental health, we can help document these damages and fight for compensation.