Disclaimer: *Steve and Rich Barnes have obtained millions in recoveries for their clients and have supervised over $2.5 Billion Dollars in settlements.
Written by The Barnes Firm, reviewed by Richard Barnes
Rich Barnes
President
At The Barnes Firm, our experienced San Jose car accident lawyers are dedicated to securing the best possible outcomes for our clients, backed by decades of legal expertise.
Our legal team is led by over 40 attorneys across the United States with over 500 years of combined experience.
Our mission is to help achieve the best result possible for every client through zealous representation, outstanding legal service, and a dedication to fighting for the maximum compensation possible.
Our attorneys have been recognized for excellence by:
We always offer free consultations with our experienced attorneys, with no obligation to hire our firm. If you choose The Barnes Firm, you pay nothing unless we obtain compensation for you.
Our clients have provided reviews for us due to our outstanding and committed service and representation.
“I’m so glad I called the Barnes Firm after my car accident. My attorney was Corinne Brophy, and the service that I received was excellent. She fought for and won over 4 times the initial offer from the insurance company. I would recommend this law firm to family and friends.”
– Michael White
Our reach spans across the nation, we serve clients anywhere in California and New York.
We have handled more than 150,000 accident and injury cases, resulting in more than $2.5 billion in recovery for our injured clients.
After a car accident in San Jose, navigating the aftermath can be overwhelming. Insurance companies may undervalue your claim or fail to investigate all the details thoroughly. At The Barnes Firm, our experienced San Jose car accident lawyers are here to ensure that you receive the compensation you deserve. Here’s how we can help:
Our attorneys will thoroughly investigate the circumstances surrounding your San Jose car accident, looking into factors such as road conditions, traffic laws, and witness accounts to identify all responsible parties. We leave no stone unturned in ensuring you receive full justice.
If you’ve been involved in a car accident in San Jose, we will fight to hold negligent parties—such as reckless drivers or poorly maintained roads—accountable for their actions. We work tirelessly to ensure that you receive the maximum compensation for your injuries and damages.
Insurance companies often offer low settlements that don’t reflect the true value of your claim. Our team of experienced San Jose car accident lawyers is skilled in negotiating with insurance companies, ensuring that they offer a fair settlement that properly compensates you for your injuries, medical bills, lost wages, and pain and suffering.
If a fair settlement cannot be reached, we are fully prepared to take your San Jose car accident case to trial. We will represent your best interests and fight for the compensation you deserve, advocating for you every step of the way.
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.
At The Barnes Firm, we have a strong track record of successfully obtaining compensation for clients involved in various types of San Jose car accidents. Our experienced attorneys handle a wide range of accident cases, including:
Rear-end collisions are common in San Jose, especially in areas with heavy traffic such as Santa Clara Street and Highway 87. These accidents often occur when drivers fail to maintain a safe following distance, leading to injuries such as whiplash, back pain, and spinal injuries.
T-bone or side-impact collisions are often caused by drivers failing to yield at intersections. In San Jose, intersections like Almaden Expressway & Highway 87 have seen a significant number of T-bone accidents, which can lead to severe injuries due to the direct impact on the side of the vehicle.
Unfortunately, hit-and-run accidents are common, leaving victims stranded without the chance to identify the responsible driver. Whether it’s in busy areas like Downtown San Jose or residential streets, our attorneys can help track down the responsible party and fight for the compensation you deserve.
Sideswipe accidents can occur when vehicles are changing lanes or merging, especially in high-traffic areas such as Interstate 280 or Interstate 880. These accidents often result in injuries, including shoulder, neck, and back pain, and can cause significant damage to the vehicles involved.
Head-on crashes are among the most dangerous types of accidents, often resulting in serious injuries. High-speed areas such as Highway 101 and Almaden Expressway have seen devastating head-on accidents, typically caused by drivers crossing into the opposite lane.
Rollover accidents are often caused by sharp turns, sudden maneuvers, or high-speed driving. San Jose’s highways, including State Route 85 and Interstate 880, have seen a significant number of these accidents, especially with larger vehicles like SUVs.
Left-turn accidents frequently happen at intersections and can cause significant damage to vehicles. San Jose intersections such as Almaden Expressway & Blossom Hill Road are hotspots for these types of accidents, especially when drivers fail to properly yield to oncoming traffic.
Multi-vehicle accidents can occur in congested areas, often involving chain-reaction crashes. In areas such as Santa Clara Street and Almaden Expressway, San Jose car accidents can quickly escalate into multi-vehicle collisions, leading to complicated claims involving multiple parties.
After a car accident, many people are unaware that they can recover more than just compensation for medical bills. Depending on the circumstances of your accident, you may be entitled to both economic and non-economic damages. Here’s a breakdown of the types of damages you can recover:
These are the tangible, measurable costs associated with the accident and your injuries:
Non-economic damages compensate for the more subjective, intangible impacts of the accident:
And More…
In addition to these damages, there may be other losses specific to your case. Our attorneys will work with you to identify all possible damages and pursue the compensation you deserve.
“I have experienced first hand how devastating a serious injury can be for individuals and their families. When I was a teenager, I was a passenger in a catastrophic automobile accident that forever changed my life. Despite the years of rehabilitation and the permanent scarring, my most painful memory wasn’t physical; it was of the strain that the financial uncertainty placed on my family. I’ll never forget the concerned look on my parents’ faces as they sifted through the mountain of unpaid medical bills.”
After a car accident in San Jose, it’s crucial to understand that the insurance company, including your own, may not be acting in your best interests. Their primary goal is to protect their profits, not to ensure that you are fully compensated for your injuries.
Insurance companies are in the business of making money, not paying out large claims. Their main objective is to lower payouts and increase profits. Although insurance adjusters may appear friendly and helpful, their loyalty lies with their employer, not with you. Their job is to settle claims quickly and for the least amount possible, often before the full extent of your injuries is fully understood.
After an accident, insurance adjusters often request a recorded statement from you. While this may seem like a routine part of the claims process, it’s important to understand that anything you say could be used against you later. Insurance companies can twist your words to reduce your payout. Always consult with an attorney before providing any statements to the insurance company.
Insurance companies may present you with a settlement offer shortly after the accident. These early offers are often much lower than what you truly need to cover all your medical expenses, lost wages, and pain and suffering. Insurance companies want you to accept an offer quickly, before you fully understand the long-term effects of your injuries. Accepting an offer too early can prevent you from requesting additional compensation later. Always consult with a San Jose car accident lawyer before accepting any offer.
In some cases, the insurance company may try to deny their policyholder is responsible for causing the accident. They might attempt to shift the blame to you or reduce their liability. This can complicate the claims process and ultimately lower the amount of compensation you’re entitled to. If you don’t have a lawyer advocating for you, this can result in a settlement far lower than you deserve.
Insurance adjusters may also scrutinize your medical history and records to find any pre-existing conditions or factors that they can use to dispute your claim or reduce your compensation. This is another reason why you should have an experienced attorney on your side, to ensure that your rights are protected and that your medical history is not unfairly used against you.
Insurance companies may intentionally delay the claims process, hoping to pressure you into accepting a lower offer due to frustration or financial strain. Some may even wrongfully deny a valid claim, citing policy provisions or legal technicalities to avoid paying out. In these cases, having legal representation is crucial to fight for your rights and ensure that you get the compensation you deserve.
The bottom line is that insurance companies are not your advocate. However, our team of San Jose car accident lawyers at The Barnes Firm is here to protect your rights and fight for fair compensation. We will handle all the negotiations with the insurance company and ensure that you receive the compensation you deserve for your injuries and losses.
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.
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.
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:
San Jose experiences over 3,000 car accidents annually, resulting in numerous injuries and fatalities. Our experienced team at The Barnes Firm has identified several prevalent causes contributing to these incidents, often linked to specific locations within the city:
Distractions such as texting, phone calls, or in-car technologies divert drivers’ attention from the road. This behavior is prevalent across San Jose, particularly in high-traffic areas like Monterey Road and Capitol Expressway, where drivers may be more prone to distractions due to congestion.
Excessive speed reduces reaction time and increases the severity of accidents. Notably, Monterey Road between downtown San Jose and Gilroy has been identified as one of the deadliest roads in the Bay Area, with 69 fatalities recorded between 2002 and 2022.
Alcohol and drug impairment significantly impair judgment and reaction times. High-risk areas include Capitol Expressway and Tully Road, where high-speed traffic and complex intersections increase the likelihood of DUI-related accidents.
Following too closely reduces the ability to stop in time and is a common cause of rear-end collisions. Intersections like Capitol Expressway & Story Road and Capitol Expressway & Tully Road have seen numerous crashes, often due to tailgating in heavy traffic conditions.
Behaviors such as weaving through traffic, excessive lane changes, or ignoring traffic signals contribute to accidents. The intersection of Capitol Expressway & McKee Road has been identified as one of the most dangerous in San Jose, with 50 crashes reported, often linked to aggressive driving.
Drowsy driving impairs reaction times and decision-making. Long stretches like Highway 101 and Interstate 880 are prone to fatigue-related accidents, especially during late-night or early-morning hours.
Disregarding traffic signals and signs leads to accidents. The intersection of Curtner Avenue & Tully Road has been a hotspot for such incidents, with 51 crashes reported.
Poor road conditions, such as potholes, unclear lane markings, or inadequate signage, contribute to accidents. Monterey Road, lacking a median and with high-speed traffic, has been identified as one of the deadliest roads in San Jose, with 69 fatalities between 2002 and 2022.
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.
My personal injury lawyer was Ali Vazirinejad and he helped me with a settlement for car accident where I was hit by a car in a crosswalk. He secured a great settlement for me and I can’t thank them enough.
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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