Understanding Car Accidents
Most car accidents divide the lives of those involved into before and after. You have to treat injuries, undergo long and expensive rehabilitation courses, restore damaged property, and at the same time fight for the right to receive compensation for all this suffering. Few people know how to do this correctly and independently achieve decent compensation. That’s why they turn to San Jose car accident lawyers. They are well-versed in the intricacies of local legislation. This helps them seek fair compensation for their clients.
Number and Types of Car Accidents
According to the Statewide Integrated Traffic Records System (SWITRS), the following car accidents occurred in San Jose in 2023:
- Fatal – 21
- Injury Severe – 216
- Injury Other Visible – 1,067
- Injury Complaint of Pain – 2,087
They suffered:
- Killed – 21
- Suspected Serious Injury – 230
- Suspected Minor Injury – 1,261
- Possible Injury – 3,122
The most common causes of accidents were:
| Type of Crash | % |
| Head-On | 11.97% |
| Sideswipe | 13.09% |
| Rear End | 32.14% |
| Broadside | 21.03% |
| Hit Object | 8.64% |
| Overturned | 1.80% |
| Vehicle/Pedestrian | 6.61% |
Factors of Car Accidents and Emergency Intersections
According to the SWITRS report for 2023, the main factors leading to accidents in San Jose can be identified:
| Primary Crash Factor Violation | Crash Count |
| Driving or Bicycling Under the Influence of Alcohol or Drug | 201 |
| Impeding Traffic | 2 |
| Unsafe Speed | 1259 |
| Following Too Closely | 86 |
| Wrong Side of Road | 61 |
| Unsafe Lane Change | 117 |
| Improper Turning | 470 |
| Automobile Right of Way | 358 |
| Pedestrian Right of Way | 86 |
| Pedestrian Violation | 62 |
| Traffic Signals and Signs | 369 |
| Unsafe Starting or Backing | 33 |
TOP 10 most dangerous intersections in San Jose for 2023:
- E Capitol expwy and Senter rd
- Curtner av and Monterey rd
- Tully rd and RT 101
- Mckee rd and N White rd
- Monterey rd and Curtner av
- Almaden expwy and Redmond av
- E Capitol expwy and Tully rd
- Blossom Hill rd and Snell av
- Oakland rd and RT 101
- Hostetter rd and RT 680
Car Accidents Lead to These Injuries
Car accidents are one of the leading causes of injury. Road accidents lead to injuries of varying severity and danger. Let’s highlight the most common ones:
- back injuries
- whiplash
- traumatic brain injuries
- spinal injuries
- limb amputation
- internal organ injuries
- lacerations
- hand and foot injuries
- concussion
- rib fractures
- pinched nerves.
Features of the Legislation on Car Accidents in San Jose
California, San Jose’s home state, is the guilt state. In addition, the principle of comparative negligence is used. The fault of each party is assessed as a percentage. The parties may claim compensation, but the rate of fault will reduce the amount.
In San Jose, the statute of limitations for personal injury cases is 2 years from the accident date.
All drivers are required to have car insurance. The minimum insurance limits are:
- minimum insurance policy – 35000
- for bodily injuries per person – 15,000
- for bodily injuries in the event of an accident – 30,000
- material damage – 5000.
There is a rule that the accident must be notified to the Department of Motor Vehicles (DMV) if the car accident results in injuries or damages exceeding $1,000.
When Should I Hire San Jose Car Accident Lawyers?
The law does not provide any rules or criteria determining the need to hire a lawyer. Moreover, the obligation to hire a lawyer in San Jose after a car accident is not defined. This need can arise for some reasons, for example, you were wrongly blamed for an accident, the insurance company denied your claim or significantly lowered the level of compensation, or you suffered serious injuries. A car accident lawyer can help you sort out all of these issues.
They will thoroughly investigate the incident to determine the true cause and degree of culpability of each party, collect evidence and review police reports and witness statements, request medical reports, and prepare a compensation claim.
San Jose car accident lawyers will negotiate with the insurance company. Most of these negotiations result in a successful settlement and adequate compensation.
If the case goes to court, they will represent the interests of clients in legal proceedings. Present the collected evidence to the jury and convince them of the fairness of the client’s position and the validity of the compensation claims.
Basic Requirements for Car Accident Lawyers
Experience
Good car accident lawyers in San Jose should have a positive track record of handling car accident cases. Be able to investigate accidents, convince insurance adjusters in negotiations with an insurance company, and competently present clients’ positions to a jury.
Experience criteria can be cases won, amounts of compensation received, and positive customer reviews.
Specialization
Car accident lawyers should specialize in personal injury law. Very often we have to deal with injuries and their consequences. The lawyer’s task is to be able to correctly assess the level of compensation required to cover rehabilitation costs, including moral compensation.
Communication skills
Experienced San Jose car accident lawyers make the most of this skill. To establish and maintain a good level of interaction with the client, interaction with your team of specialists, and communication with adjusters of insurance companies.
Where Can I Find the San Jose Car Accident Lawyers?
Social media
Visit legal forums and groups on social networks. Ask your questions and you can identify candidates for hire.
Personal recommendations
Ask relatives, colleagues, and friends who have had a positive experience working with a car accident lawyer. You will be able to trust the recommendations of these people.
Online catalogs
Look for San Jose car accident lawyers in specialized directories like Avvo or FindLaw. Use search filters to find lawyers in your area.
Bar Associations
Contact the California State Bar or Santa Clara County Bar Association. They will likely be able to provide you with lists of licensed car accident lawyers in San Jose.
Local businesses
Visit local law firm websites. Pay attention to the lawyers’ experience and client reviews. This will help in choosing.
Initial consultations
Many lawyers provide free initial consultations. Don’t miss the opportunity to discuss your case with San Jose car accident lawyers and take a closer look at them. This way you can choose the lawyer that best suits you.
Steps to Take After a Car Accident
After a car accident, there is a simple plan of action you can follow:
- seek medical help
- check for injuries to all participants in the accident
- move to a safe place
- call the police to the scene and wait for them to arrive
- notify your insurance company of the incident
- document the accident: take photos of the accident scene and damaged vehicles
- exchange information with other participants in the accident
- write down the contact details of witnesses to the accident
- consult a car accident lawyer for advice.
What Can I Do Wrong After a Car Accident?
Being stressed after an accident, you can take actions that will have bad consequences for your case.
Guilty plea
It would be a mistake to admit guilt in any way or to any degree. When communicating with the police, insurance company, or other participants in the accident, do not talk about admitting guilt. Leave this matter to professionals who can objectively assess the degree of guilt of each party.
Agreement for a quick settlement
Insurance companies are primarily concerned about their profits. Therefore, when offering a quick settlement, they very often underestimate the amount of compensation. Don’t settle for a quick settlement until you consult with a car accident lawyer in San Jose. He will be able to assess your prospects and the compensation you may be entitled to.
Discussion of your case on social networks
You should not transfer the discussion of your case to social networks. All written comments, ratings, etc. can be used by the other side to weaken your position.
Understanding Compensation in Car Accident Cases
In San Jose, compensation can be paid for economic and non-economic damages, as well as punitive damages.
Economic damage includes the costs of the victim, which can be easily calculated:
- repair or replacement of damaged property
- medical expenses
- lost wages
- rehabilitation costs.
Non-economic damage is more subjective and more difficult to calculate:
- pain and suffering
- depression
- loss of pleasure from life.
Punitive damages
Punitive damages apply if the at-fault party specifically caused the damage or acted extremely recklessly.
Tips to Prevent Getting Involved in a Car Accident
Follow traffic rules.
Practice responsible driving.
Don’t drive while drunk or under the influence
drugs.
Consider weather conditions when driving.
Avoid aggressive driving.
Keep your car in good condition.
Plan your route carefully before traveling.
FAQs
It’s best to contact a car accident lawyer as soon as possible following the accident to ensure that crucial evidence is preserved and legal deadlines are met.
Most San Jose car accident lawyers work on a contingency fee basis. Lawyers will receive their fees when they win the case. The fee is a percentage of the amount of compensation received.
If the at-fault driver is uninsured or underinsured, you may still be able to recover compensation through your own insurance policy’s uninsured/underinsured motorist coverage.