San Jose Car Accident Lawyers

Helping Injured Victims in San Jose and Throughout California

Car accidents are a leading cause of injury and death in the United States. In fact, according to the Centers for Disease Control and Prevention (CDC), more than 2.5 million people are treated in emergency departments for car accident injuries each year. If you or someone you love was involved in a car accident, you know how devastating these incidents can be.

At Dreyer Babich Buccola Wood Campora, LLP, we are committed to helping victims of negligence fight for the justice and recovery they are owed. Our San Jose car accident attorneys have successfully handled thousands of cases and have recovered hundreds of millions of dollars for our clients. We are prepared to put our extensive experience and resources to work for you.

Call (916) 999-9132 or contact us onlineto request a free, confidential consultation.

Common Causes of Car Accidents

Car accidents can be caused by a variety of factors. In many cases, these factors are the result of negligence. When someone fails to act reasonably and safely, they can be held liable for any resulting damages. Our San Jose car accident lawyers can help you determine who is at fault for your accident and fight for your entitled compensation.

Some of the most common causes of car accidents include:

• Distracted Driving: When a driver takes their eyes off the road, their hands off the wheel, or their mind off the task of driving, they are considered a distracted driver. Common distractions include texting, talking on the phone, eating, drinking, talking to passengers, and using in-car technologies.
• Drunk Driving: When a driver is under the influence of drugs or alcohol, their ability to safely operate a vehicle is significantly impaired. This can lead to serious and even fatal accidents.
• Drowsy Driving: When a driver is fatigued, their reaction times are slower, and they are more likely to make mistakes. This can lead to serious accidents.
• Speeding: When a driver is traveling at an excessive speed, they have less time to react to hazards and are more likely to lose control of their vehicle.
• Reckless Driving: Reckless driving is a broad term that encompasses a variety of dangerous driving behaviors. This includes speeding, tailgating, running red lights, failing to yield the right of way, and more.
• Poor Road Conditions: When a road is poorly designed or maintained, it can be dangerous for drivers. This includes roads with potholes, inadequate signage, and more.
• Defective Auto Parts: Sometimes, car accidents are caused by defective auto parts. This includes defective tires, brakes, airbags, and more. When a defective auto part causes an accident, the manufacturer can be held liable for any resulting damages.

California Car Accident Laws

In California, car accident laws are based on a fault system, meaning the party at fault for the accident is responsible for the resulting damages.

The state also follows the principle of comparative negligence, where each party involved in the accident may be assigned a percentage of fault. This percentage affects the amount of compensation they can receive.

There is a time limit, known as the statute of limitations, within which you must file a lawsuit for personal injury or property damage resulting from a car accident. In California, this limit is typically two years from the date of the accident.

Lastly, you are required to report a car accident to the California Department of Motor Vehicles (DMV) if it results in injury, death, or property damage exceeding a certain amount.

How to Prove Fault in a Car Accident Case

One of the most important elements of a car accident case is proving fault. To recover compensation, you must be able to show that the other driver was negligent and that their negligence caused the accident and your injuries. Our team can help you gather the necessary evidence to prove fault and build a strong case on your behalf.

Some of the most common types of evidence used to prove fault in a car accident case include:

• Police Reports: If the police were called to the scene of the accident, they will create an official accident report. This report can be useful when proving fault.
• Witness Statements: If there were any witnesses to the accident, their statements can be used to help prove fault. This is why it is so important to get the names and contact information of any witnesses at the scene.
• Video Footage: If the accident was caught on camera, such as by a nearby surveillance camera or a dashcam, this footage can be used to help prove fault.
• Cell Phone Records: If the other driver was using their cell phone at the time of the accident, their cell phone records can be used to help prove fault.
• Accident Reconstruction: In some cases, an accident reconstruction expert may be called in to recreate the accident and help determine who is at fault.
• Expert Testimony: Depending on the circumstances of the accident, expert testimony may be used to help prove fault. This includes testimony from accident reconstruction experts, medical experts, and more.

FAQs for San Jose Car Accidents

Where do most car accidents occur in San Jose?

Accidents are frequently reported at busy intersections such as Tully Road & King Road, Story Road & McLaughlin Avenue, and Capitol Expressway & Monterey Road. Highways like I-280, US-101, and I-880 are also hotspots for collisions.

What should I do immediately after a car accident in downtown San Jose?

After a car accident in downtown San Jose, first ensure your safety and that of others. Call 911 for medical assistance and to report the accident. Collect evidence, such as photos and witness information, and exchange details with the other driver. Report the accident to your insurance company and seek legal advice if necessary.

How do local weather conditions affect car accidents?

San Jose generally has mild weather, but rain can create slippery roads, leading to an increase in accidents. During the winter, foggy conditions in areas like the Almaden Valley can reduce visibility, making driving more hazardous.

Are there any specific laws regarding car accidents that I should be aware of?

California law requires drivers to report any accident causing injury, death, or property damage over $1,000 to the DMV within 10 days. Additionally, San Jose follows California's comparative fault rule, meaning you can still recover damages even if you are partially at fault for the accident.

How do I obtain a copy of my car accident report?

You can obtain a copy of your car accident report from the San Jose Police Department. Request it online through the department's website or in person at the Records Unit located at 201 W. Mission Street.

What types of compensation can I claim after a car accident?

Victims of car accidents in San Jose can claim compensation for medical expenses, lost wages, property damage, and pain and suffering. In cases of severe injury, you may also be entitled to compensation for long-term disability or rehabilitation costs.

How Our San Jose Car Accident Attorneys Can Help

Car accident claims can be complex, and insurance companies are not on your side. By hiring an experienced car accident lawyer in San Jose, you can level the playing field and represent your best interests.

At Dreyer Babich Buccola Wood Campora, LLP, we have been representing car accident victims for over 35 years. Our team is ready to guide you through the legal process while protecting your rights and health from start to finish.

Contact us at (916) 999-9132 to speak with our San Jose car accident lawyers today.