Written by The Barnes Firm, reviewed by Richard Barnes
Rich Barnes
President
San Jose is the most populated city in California’s Bay Area with over 1 million people and is continuing to grow each year. With so many people living in and commuting to the city every day, car accidents are a common occurrence in San Jose. On average, there are over 5,000 car accidents that occur each year in San Jose.
At The Barnes Firm, our team of trusted car accident attorneys are here to help the residents of San Jose and the Bay Area get the best result possible. If you or a loved one were injured in a car accident, The Barnes Firm is here to help. Call The Barnes Firm today at (800) 800-0000 and ask to speak with one of our trusted attorneys to receive your FREE case evaluation.
When a car accident occurs, you may be left feeling overwhelmed and unsure of where to turn for help. Too often insurance companies will neglect to fully investigate the details surrounding accidents and undervalue claims. When you choose The Barnes Firm, our attorneys:
At The Barnes Firm, we know how complicated car accidents can be. Our San Jose car accident lawyers will help guide you through the legal process so you can focus on recovering from your injuries. Call us today at (800) 800-0000 to start your car accident claim.
Over 3,000 people are injured each year in San Jose car accidents. Our experienced team of car accident attorneys at The Barnes Firm have found that most San Jose car accidents can be traced back to one or more of the following causes.
No matter the cause of your car accident, if you were injured by a negligent driver, you have the right to seek financial compensation. Call The Barnes Firm today at (800) 800-0000 to have all your questions answered after a car accident.
After a car accident, it is important to take the following steps to preserve evidence and protect your legal rights:
The period after a car accident can be stressful – you will likely be talking with insurance companies during a time when you should be solely focused on recovering from your injuries. When you choose The Barnes Firm, we will handle the insurance companies so you can focus on your health and recovery.
In California, you must prove that the other party is at fault to file a claim after a car accident. You may be found partially liable for your accident. In this case, you can still receive compensation, even if you are partially at fault. For example, if you are found 25% liable for your accident, you can still recover 75% of the damages.
All drivers in California are required to carry vehicle insurance that covers:
California car accident laws can be very confusing. Our experienced team of San Jose car accident lawyers will support you every step of the way and guide you through your accident claim. Call us at (800) 800-0000 for a FREE case evaluation.
In California, you have two years from the date of the accident, or the date your injuries were discovered, to file a personal injury claim. If you have any questions regarding filing a claim, call The Barnes Firm today at (800) 800-0000 – it could be the best call you make.
The Barnes Firm has been successful obtaining compensation for clients involved in the following accident cases:
After a car accident, it is important to seek medical attention, no matter the severity of your injuries. Consulting with a medical professional can help diagnose and treat injuries, even if you are not showing symptoms. Our experienced team of San Jose car accident lawyers have found some of the most common car accident injuries include:
If you have been injured in a car accident because of the negligence of another party, call The Barnes Firm today. Our team of attorneys will work hard to help you obtain the financial compensation you deserve following a car accident.
It is a common misconception that after a car accident you can only recover financial compensation for medical expenses. However, that is not always true. Our team of successful San Jose car accident attorneys may also be able to help you recover financial compensation for:
In San Jose, like in many urban areas, car accidents can occur anywhere, but certain locations see more crashes than others. This is due to factors such as traffic volume, road design, and congestion.
Here are some areas where car accidents tend to happen more frequently in San Jose:
It’s important to note that while these areas may have higher accident rates, accidents can happen anywhere. Drivers should always monitor their speed, pay attention, and follow traffic laws, regardless of location. When they don’t, car accidents can occur.
If you’ve been involved in a car accident, seeking the advice of an experienced attorney at The Barnes Firm can help you navigate the legal process and seek the compensation you may be entitled to.
Seeking medical care after a car accident in San Jose should be your top priority, even if you believe your injuries are minor or not immediately apparent. There are several crucial reasons why immediate medical attention is so important – both for your health and your car accident claim.
Not all injuries are immediately apparent after an accident. Conditions like whiplash, soft tissue injuries, and internal injuries may not show symptoms until hours or even days later. A medical evaluation can detect these hidden injuries early, ensuring you start proper treatment as soon as possible.
A doctor can conduct a thorough examination, potentially noticing injuries that you may not have realized existed. They have the expertise to recognize signs of underlying issues that may not be immediately obvious to you.
Seeking prompt medical care creates a detailed record of your injuries and treatment. They show a clear link between the accident and your injuries, providing strong evidence to support your case to insurance companies.
Failing to seek medical attention right away can worsen your injuries. What initially seems like a minor ache or pain could escalate into a more serious condition without timely medical care.
Delaying medical treatment after an accident may give the opposing party’s insurance company a reason to dispute your claim. They may argue that your injuries were not related to the accident or that they are not as serious as you are claiming. Immediate medical care helps protect your legal rights and shows a clear connection between the accident and your injuries.
Early medical care allows you to start the recovery process sooner. Timely treatment can prevent further complications and promote a faster and more complete recovery. Knowing that you’ve received proper medical care and treatment can also provide peace of mind during an already stressful time. It allows you to focus on your recovery rather than worrying about undiagnosed injuries.
Ultimately, seeking immediate medical care after a car accident is a crucial step to protect your health and well-being. It also serves as a solid foundation for your personal injury claim, giving you the best chance of receiving the compensation you deserve for your injuries and losses.
After a car accident in San Jose, it’s important to remember that the insurance company, even your own, may not be not acting in your best interests.
Insurance companies are for-profit businesses. Their primary goal is to lower payouts and get more in profits. Claims adjusters are employed by insurance companies. They may seem friendly, but their loyalty lies with their employer, not with you. Their job is to settle claims quickly and for the least amount possible.
Insurance companies often request recorded statements shortly after an accident. While this may seem routine and harmless, it’s important to remember that these statements can be used against you later. Always consult with an attorney before providing any statements.
Adjusters may present early settlement offers that are far below what you may need and deserve. These offers are designed to close the case quickly, often before the full extent of your injuries and associated costs are known. If you accept an offer that is too low, you likely cannot go back and request more money if you realize the settlement will not cover all your losses. Never accept anything without first speaking with our car accident attorneys at The Barnes Firm.
In some cases, the insurance company may attempt to deny their policyholder is responsible for causing your accident, and they might try to blame you for some or all of it. This can complicate the claims process and potentially reduce your compensation if you do not have a lawyer to challenge any blame against you. Adjusters may also closely look over your medical history and records, looking for pre-existing conditions or other factors that they can use to challenge your claim or lower the amount of compensation.
Insurance companies may intentionally delay the claims process, hoping that you will become desperate for a settlement. This can put pressure on you to accept a lower offer just to get a check in your hands. Some insurance companies may also wrongfully deny valid claims. They may cite policy provisions or legal technicalities to justify their denial. In these cases, seeking legal representation is crucial to fight for your rights.
Because you can’t trust insurance companies after an injury, you need someone you CAN trust on your side. Our San Jose car accident attorneys at The Barnes Firm can help protect your rights, negotiate with the insurance company for you, and help you receive fair and just compensation for your injuries and losses.
Remember, the insurance company is not your advocate, but our attorneys can be.
From the initial phone conversation through to the final settlement, our trusted team of San Jose car accident lawyers will work hard for you every step of the way. If you or a loved one were injured in a car accident, call The Barnes Firm today at (800) 800-0000 for a FREE case evaluation – it could be the best call you make.
If you’ve been injured in a car accident, slip and fall, construction accident, or have suffered another type of personal injury contact our team today.
Free Case Evaluation or call us: (800) 800-0000Client Reviews
The Barnes Firm was very friendly, always quick to respond to our calls, emails. When we had any questions or concerns they were there to walk us through everything. Would definitely recommend them to anyone that is looking for an attorney that will honestly fight for you and has your best interest in mind.
Most people have never needed a lawyer when they find themselves injured and in need of legal advice. We hear the following questions from many of our clients. We hope the answers help clarify your options and considerations.
One issue that often prevents accident victims from getting legal representation is concerns about cost. California car accident lawyers work on a contingency fee basis. That means you do not pay anything upfront for representation. Instead, you will pay a percentage from your settlement. If you do not win your case, you do not pay attorney fees. Your financial status should not prevent you from getting justice.
Learn more: How Much Does a Lawyer Charge for a Car Accident Case?
The amount you can recover for your car accident will depend on your case worth. Some factors to consider include injury severity and medical treatments. You might be eligible to recover compensation for:
Learn more: How much to expect from a car accident settlement in California?
You can take legal action against anyone who causes you injury or harm. When another driver is negligent, they must pay for their losses. You can file an insurance claim with their insurance company. However, if that does not pan out, the next step is filing a formal lawsuit.
Insurance companies have 85 days in California after a filling to issue a decision. That is a little less than three months. If a lawsuit is filed, it will take more time—most car accident cases (74%) resolve within 540 days. The National Center for State Courts average is closer to 486 days. Overall, 5% of accidents were resolved within a year. The average timeline will vary as numerous factors can shorten or extend the timeline.
You should get a lawyer even for a minor car accident. You might think you can handle a simple claim, but the insurance company will still push back to deny your claim. If they approve your claim, they may offer you less than your case worth.
If you’re at–fault, several things can happen. The injured victim can file a claim against you to recover damages. However, they may have contributed to the accident, which can help you reduce your liability.
Learn more: What happens if i’m at fault in a car accident california?
California works on vicarious liability. This law means a car owner is responsible for whatever happens when they lend their vehicle to someone. So the driver and the vehicle owner can share responsibility.
Learn more: What happens if someone else is driving my car and gets in an accident in California?
You must call the police to report the accident. Then, you must gather evidence at the scene and get medical attention. You should also speak to a California car accident lawyer to start your claim.
Many factors can impact how long it takes to settle a claim. Your case may take longer if you suffer a severe injury. If you are still undergoing medical treatment, that can also lengthen the time frame. The insurance company policies will also impact case length. They may intentionally be delaying the process.
Needing to work with experts or file a formal lawsuit will also be an issue that can lengthen your settlement. When you file a formal complaint, the litigation process gets even longer. Another reason your car accident settlements take so long is because you do not have appropriate legal representation.
If the driver does not own the vehicle, you can file a claim with the owner’s insurance company. If the owner knowingly let the unlicensed driver take the car, they are liable for your damages.
Learn more: What happens if an unlicensed driver has an accident with my car?
Often, crash victims do not get medical attention. They may think their injuries are minor and do not require treatment. Sometimes, they do not want to deal with the inconvenience of making and attending doctor appointments. Sometimes, the lack of visible physical injuries is the reason. No matter why you are delaying your medical treatment, you must not. Failing to get medical attention can lead to serious legal issues.
While it is best to get medical attention immediately, you should see a doctor as soon as you feel any symptoms. Medical records are crucial as they will create a foundation for your case. It might be too late if you wait months or years after the accident to see a doctor. It is advised to go within a few days or a week.
Car accidents stay on your driving record for three years. If a commercial vehicle or hazardous materials were involved, it could stay for ten years.
Learn more: How Long Does an Accident Stay on Your Record in California?
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