Have you recently been involved in a car crash or auto-related accident? If so, our San Jose Personal Injury Lawyers may be able to fight for the compensation that you deserve. We’ve recovered millions and if you call now, we can help you too!

We’ve successfully awarded personal injury claims for clients that have been involved in:

  • Car Accidents
  • Motorcycle Accidents
  • Pedestrian Accidents
  • Dog Bites
  • Slip and Falls
  • Truck (Big Rig, Diesel) Accidents
  • Uber Accidents
  • Lyft Accidents
  • Bicycle Accidents
  • and much more

San Jose Car Accident Lawyer

Our Location

Address

97 S 2nd St #100, San Jose, CA 95113

Phone Number

408-357-2566

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Personal Injury Lawyers in San Jose, CA

San Jose Car Accident Lawyer

In need of a professional firm that not only will take on your case, but actually treat you as if you were their own? Welcome to San Jose’s very own Mova Law Group, Injury Attorneys. We strive for excellent customer service and results that no other law firm can come close to. We’ve helped San Jose locals get back on track after struggling with the hardships that follow a catastrophic accident.

While we understand that we can’t help everyone, we try our hardest to provide the best levels of service for those who call into our office asking for advice. Most of our clients have been injured due to car accidents or injuries that were inflicted due to a car crash caused by a negligent driver. If you have suffered from an injury and believe that you might have a case, give us a call today at (408)357-2566.

Once you’ve spoken to our lead attorney or a case manager, we will ask you a series of questions to identify the type of case that you have on your hands. Was there any serious bodily injury? Did you break any bones? Loss of limbs? Did you or the injured victim suffer from a concussion? How long did you wait until you sought after medical treatment from ER or a healthcare physician? These are all questions that play a vital role in your San Jose Personal Injury claim.

We Have The Best San Jose Personal Injury Attorneys

Aside from putting in countless hours for each of our client’s cases, our lawyers strive to maintain their title as “The Best San Jose Personal Injury Attorneys” voted by the SJPIA Committee. With over 50 (5) star reviews, outstanding client testimonials via social media and listed on our website, you can’t go wrong with our firm. There’s a reason why our past clients continue to send us a heaping amount of referrals every month. When you combine great services with even better customer service, the level of happiness and gratitude from your clients will always show!

Se Habla Espanol!

We speak multiple languages, we’re trilingual to better assist our client’s needs. Our staff is fluent in English, Spanish and Persian.

If you’ve recently been injured or may know someone who has been injured due to a car accident in San Jose, give us a call at (408)357-2566 for a free case evaluation and a free consultation today.

If you’ve lived in other places, you may be familiar with the basic car accident laws, but San Jose, California is a unique city when it comes to automotive accidents.

In this article, you’ll learn everything that you need to know about San Jose’s car accident laws and how they may pertain to your circumstances.

Car Insurance

Like many other states, the Golden State requires drivers to carry car insurance. Drivers must have liability insurance with the following minimum amounts:

  • $15,000 for injury or death to an individual
  • $30,000 for injury or death to more than one person
  • $5,000 for property damage

In some instances, drivers may provide other forms of financial responsibility, including cash deposits or surety bonds.

California has a “fault” system. Drivers are responsible for paying any costs due to fault, even if it is not covered by their insurance. For instance, if an individual’s car insurance only covered 80% of a victim’s expenses, the at-fault driver would be expected to make up the additional 20% out of pocket.

As a result, Californians oftentimes choose higher coverage options that will help them pay for any additional damages.

If caught, uninsured drivers may face fines, license suspension of up to four years and an impounded car. Additionally, underinsured and uninsured drivers are still responsible for paying all lawsuit damages and cannot receive non-economic damages themselves, even if they were not at fault.

Reporting a California Car Accident

Anyone involved in a car accident involving injuries, death or damage estimated to cost over $1,000 in repairs must report the incident to the police. Failure to do so can lead to fines, hit-and-run charges, and license suspension.

Additionally, drivers should report the incident to the DMV within 10 days if someone is killed, property damage exceeds $1,000 or an individual is injured. Not doing so can lead to your license being suspended or revoked.

Regardless of how minor an accident may have been, it is always recommended drivers file a police report in case future issues arise.

If you have insurance, drivers will also have to report the incident to a claims representative. However, it is advisable to avoid giving a recorded or written statement until you’ve discussed the accident with an attorney.

“Fault” State

Before an insurance company will pay for any damages, California requires the policyholder must be found responsible for the accident. Because of this rule, California is considered a “fault” state, also referred to as a tort state.

In no-fault states, claims are encouraged to remain out of court by going through the insurance companies. Regardless of blame, the insurance company will compensate the policyholder for minor damages accrued.

In fault states, the person at fault for the accident bears all liability. If multiple people are responsible for the accident, liability is split.

If individuals wish to sue in California, they can take one of the following actions:

  • File a claim through their personal car insurance company
  • File a claim through the other driver’s insurance company
  • Pursue a personal injury lawsuit

The restrictions inherent in no-fault states are limited in California, and citizens can choose several avenues through which to receive compensation. Many choose to file a lawsuit because insurance companies may attempt to undercut those seeking damages.

The Statute of Limitations

Each state has different statute of limitations, a deadline by which an individual must file a claim if he or she wishes to sue. Because California is a “fault” state, many victims of accidents may have to sue for personal injury in order to receive full compensation.

Once the statute of limitations has passed, very rarely will an individual be able to pursue a case.

If you’ve been in a car accident, Californians have two years from the date of the accident to file a claim. If the accident resulted in a death, plaintiffs will have two years from the date of the death to file.

However, if you would like to file a lawsuit concerning only vehicular damages, California Code of Civil Procedure section 338 provides three years to pursue the claim.

Proving Fault

If you choose to pursue a lawsuit, it is integral to the case’s success you prove the other driver was at fault.

Keep any photos and documents associated with the accident. Write down in detail what occurred and keep a list of contact information for officials, eyewitnesses, and drivers.

In a car accident case, proving fault will require demonstrating four things:

  1. The other driver had a duty toward you. In this case, that duty would be to drive safely.
  2. The other driver breached that duty.
  3. The breach resulted in an injury to the plaintiff.
  4. The plaintiff suffered real injuries.

Mostly, the fault is proven through documentation or even recreations of the accident.

Pure Comparative Negligence

Californians can sue for personal injury or other damages even if they were partially responsible for the crash. However, there is a catch.

Florida follows a comparative fault system. Individuals can claim compensation from at-fault parties, but if they were also at fault, they will not receive the full finances awarded. This procedure is called comparative negligence.

For example, if a driver was found to be 10% at fault and received recompensation of $10,000, he or she would only obtain $9,000.

Fault is determined based on police reports, eyewitnesses and any other evidence demonstrated during the trial.

This regulation is only in place for when a lawsuit is settled in court, which happens rarely. Many times, tort cases are solved before ever reaching a judge.

Hire an Attorney

Navigating the after-effects of a California car accident can be difficult, especially concerning the many laws unique to The Golden State. That’s why Californians should consider hiring an attorney.

Car accidents are frightening experiences, but the stress afterward doesn’t have to pull you under.

Whether it’s a car accident or another form of personal injury, Mova Law Group is here to help. Contact us to schedule a free consultation, where we will discuss the specifics of your case and determine the best steps for your situation.