San Jose Car Accident Attorney
The days and weeks following an auto accident can be confusing. Not only do you have to cope with doctor’s visits and rehabilitation for your injuries, but you also have to miss work and negotiate with insurance companies to pay for property and other damages. Over time, your medical bills may accumulate, and you may begin to wonder how you’ll pay for everything. This is where the law offices of Henshaw Law Office come in. Our San Jose car accident attorneys help victims of Bay Area car accidents gain compensation for their injuries and provide answers during a stressful and uncertain time. If you or a loved one has recently sustained injuries in a car accident, contact our top-rated San Jose car accident lawyers for a free initial consultation. Our firm has a history of settling complex legal cases, not only out of court, but in the higher courts of California and the nation.
Content:
- How a San Jose Car Accident Lawyer Can Help
- California Car Accident Laws
- What to do After a Car Accident in San Jose, CA
- Should I File a Personal Injury Claim?
- Timeline for Filing a Personal Injury Claim in California
- San Jose Car Accident Statistics
- Factors in San Jose Car Collisions
- How to Prevent a Car Accident in San Jose, CA
- Common Injuries in Car Accidents
How a San Jose Car Accident Attorney Can Help
Serious car accidents require legal intervention. In the days and weeks following a car accident, you may experience confusion and helplessness. Back-and-forth phone calls with insurance companies, doctors’ appointments, and missed work time can all contribute to your feelings. As your bills accumulate, you may be wondering how you’ll pay for everything. You may also wonder when (or if) your life will ever get back to normal.
Insurance companies and third parties want to pay as little on a claim as possible – it’s the nature of their business. The nature of our business is to get accident victims the compensation for their injuries that they deserve. Our San Jose car accident attorneys are uniquely equipped to handle car accident cases. Our firm knows the ins and outs of insurance law and local filing deadlines. Should litigation become necessary, our firm will take your case to a local or higher court. We won’t stop fighting on your behalf and will do everything we can to achieve fair compensation for your injuries.
The San Jose car collision attorneys at Henshaw Law Office help car accident victims by negotiating aggressively on their behalf, taking on the insurance companies, and holding other parties accountable for their negligence. The simple act of getting our law office involved can cause insurance companies to take your case more seriously.
California Car Accident Laws
Car accident law in California is closely related to insurance law. With regard to insurance, California is considered a “fault” state, which means you’re free to pursue a personal injury lawsuit against an at-fault driver. California law allows victims of car accidents to pursue a couple of different types of damages, which include:
- Special, or economic damages. These compensate for the quantifiable losses associated with a car accident. Examples include medical bills, lost wages, losses in earning capacity, and any ongoing rehabilitation costs.
- General damages. These address the intangible costs of a car accident, and include loss in life quality, pain, suffering, or emotional anguish. In the event of a wrongful death, they also compensate for loss in partnership or consortium.
Shared Fault
California also has laws that govern compensation in the event that drivers share fault in an accident. You’re still free to pursue compensation if you’re partially at fault for an accident, as long as you are less than 50% at fault. In this case, your damages will be reduced by your percentage of fault. For example, if you were 20% at fault for an accident, and damages totaled $100,000, your total compensation would be $80,000.
Statute of Limitations
Each state sets certain time limits for filing a personal injury lawsuit, which is also called the “statute of limitations.” In California, you have two years from the date of the injury to file a lawsuit with the courts. If you fail to meet this deadline, the courts will likely refuse to hear your case, and you will be unable to secure compensation for your injuries. Claims against a city or a municipal agency work differently – you only have 6 months to file these claims, and you must adhere to a strict set of procedural rules. This highlights the importance of contacting an attorney as soon as possible.
What to Do After a Car Accident in San Jose, CA
Our San Jose personal injury lawyers know the hours and days after a car accident can be confusing. Knowing how to proceed can help protect your case and minimize stress from the situation:
Collect Information
If you were injured in a car accident, you may not be able to collect information from witnesses, take pictures of the accident scene, or record the other driver’s insurance information. Fortunately, the police must respond to any car accident that results in injury and file a report. When you feel able, call the police station and ask if you can add your version of events to the report. Be as specific as possible, explaining how the accident occurred and describing the extent of your injuries.
Seek Legal Help
Due to filing deadlines and the statute of limitations, it’s best to explore your legal options as soon as possible. Contact the Henshaw Law Office. One of our San Jose car accident lawyers will visit you at home or in the hospital to listen to your story. We will also provide you with a free review of your legal options.
Don’t Sign Any Paperwork
An insurance company may approach you with a settlement offer, but it’s best not to sign anything until your attorney has reviewed it. You don’t want to settle for less than you deserve. Our attorneys will protect your best interests and seek fair compensation for your injuries.
If you or a loved one has recently sustained injuries in a car accident, you don’t have to go through the claims process alone. Contact the San Jose car accident attorneys at Henshaw Law Office to schedule your free case evaluation today. Let us help you get on the road to recovery.
I Was Injured in a Car Accident. Should I File a Personal Injury Claim?
Aside from filing a claim for damage to a vehicle, property damage, and other related expenses, a person involved in a car accident may also file a personal injury claim if he or she was injured in the crash.
Legal processes in car accidents involving more serious damages than a typical “fender bender” are typically more complicated and lengthy. A person injured in a car accident may be entitled to compensation for:
- Medical costs
- Lost wages or income
- Pain and suffering
While a person may be able to negotiate vehicle damage claims after a car accident, we recommend he or she contact an experienced San Jose car crash attorney if an injury has taken place.
Timeline for Filing a Personal Injury Claim
The following steps are involved in a personal injury claim following a car accident:
- Seek medical treatment. Going to a hospital or doctor is the first and most important step to take, not only for one’s health, but for proof that an accident-related injury occurred in the first place.
- Contact a personal injury lawyer. Many law offices in San Jose offer free consultations with qualified car collision attorneys. An attorney will walk a person through the legal process of filing personal injury claims.
- The lawyer will review the case. A lawyer will need to interview the driver about the auto accident that caused injury. The lawyer will then gather necessary evidence for a personal injury claim, including a police report, witness statements and video of the scene if it exists.
- The lawyer will negotiate. It is possible to settle personal injury claims from auto accidents without going to trial. In this case, the car accident lawyer will attempt to arrange a settlement with the insurance company.
- The case will go to trial. In the event the parties cannot agree on a settlement, the lawyer will prepare the case to go to trial.
A person injured in a car accident in San Jose should contact the trusted team of car accident lawyers at Henshaw Law Office for a free consultation. Call us today or inquire online!
San Jose Car Accident Statistics
Car accidents are one of the leading causes of death and injury in the United States, and San Jose is no exception. In fact, the city’s traffic fatalities hit a two-decade high in 2015, with a 35% jump in just two years. Traffic fatalities outpace the city’s other leading cause of death – violent crime – by a factor of 2 to 1.
Factors in San Jose Car Accidents
According to the San Jose Police Department, there are several trends that contribute to San Jose’s high crash and traffic fatality rate. These include:
- Distracted Driving. Although distracted driving is commonly associated with driving while using a cell phone, it actually involves anything that takes our eyes off the road. San Jose residents sustain serious injury each year when other drivers text, use their navigation systems, eat, apply makeup, or even fiddle with the radio excessively when driving their cars.
- Traffic Congestion. According to the INRIX Traffic Scorecard, San Jose is America’s 10th largest city, nestled in the heart of Silicon Valley. This area contains some of the world’s most innovative employers, from Google and Facebook to Ebay and Apple. It should come as no surprise that this increase in growth has led to a subsequent increase in traffic volume. Commuters in the San Jose area spend an average of 35 hours each year sitting in traffic on Highway 101 and Interstates 680 and 280. This makes San Jose the 8th most congested city in the nation.
- Alcohol Use. Echoing trends nationwide, one of the leading causes of area car accidents is alcohol use. Between 2003 and 2012, over 10,000 lost their lives in car crashes involving a drunk driver. Nearly 2% of Californians report drinking too much and getting behind the wheel of the car.
- Failing to Adhere to Local Traffic Laws. Finally, the majority of traffic accidents occur as the result of human error. Failing to obey local traffic laws can lead to both serious and minor car accidents. Some of the most common issues resulting in car accidents are rear-end collisions (from following too closely), “t-boning,” (from failure to yield), and side-swiping (from failing to observe flow of traffic, changing lanes unsafely, or turning improperly).
How to Prevent a Car Accident
Our San Jose car accident attorneys believe many car crashes are preventable. Taking certain precautions, detailed below, can ensure drivers, passengers, and pedestrians all arrive at their destination safely.
Don’t Drive Distracted
Over half of California drivers reported that a person talking or texting on a cell phone hit or almost hit them, but distractions aren’t limited to phones. Using earbuds or headphones while operating a vehicle is not only dangerous, it is against state law. Distractions can also include adjusting a radio, reaching for an item inside the car, or other negligent actions that result in an accident.
Ensure Safe Driving
Drivers should maintain safe driving patterns, such as keeping a safe distance, driving at the speed limit, and anticipating potential accidents. Adults in a vehicle should always wear a seatbelt and children should be in a car seat depending on their age. Furthermore, drivers should properly maintain cars with routine maintenance.
Avoid Driving While Sleepy
Drowsiness or drifting off can cause major car crashes with serious damages and injury. When necessary, one should pull over for a nap as soon as they realize they are nodding off.
Never Drive Under the Influence
It is vital that a driver never drinks or takes drugs (prescription or otherwise) before driving. A driver should avoid another driver who is driving erratically and appears intoxicated. He or she should pull over and alert authorities.
Common Injuries in Car Accidents
No two car accidents are exactly alike, and injuries vary widely from crash to crash. There are, however, some injuries our San Jose car accident lawyers see more often in serious car accidents. Some of these include:
Head and Neck Trauma
Perhaps the most serious of injuries, trauma to the head and neck, requires extensive monitoring and quality medical care. These injuries may take weeks to months to heal, and victims may experience partial or total disability. Head and neck injuries may result in loss of sensory or motor function, paralysis, or other injuries that require lifelong assistance and accommodation. The loss in life quality can be devastating to both the victim and their loved ones.
The force of impact may lead to open or closed head injuries, traumatic brain injury (TBI), concussions, fractures of the spinal column or damage to the spinal cord. Victims may experience vision loss, hearing loss, behavioral changes, or a loss in cognitive function.
Back Injuries
Back injuries are another common scenario in car accidents, leading to temporary or permanent disability. Victims may experience painful herniated discs, or a common condition called whiplash, which results from sudden movement and affects the back and neck. Serious whiplash can cause intense pain, swelling, and even temporary vocal cord paralysis.
Injuries to the Core and Extremities
Equally serious are injuries to the trunk, which can include soft tissue damage, organ bruising, or internal bleeding. These are life-threatening emergencies that require immediate medical care. Collapsed lungs and broken ribs can result from the force of the impact and even the deployment of the airbag. In the event of a pre-existing medical condition, some victims can even go into cardiac arrest from the stress of the crash.
Lastly, car accident victims can experience fractures or soft tissue injuries in their hands, feet, arms, or legs. Broken limbs can require surgery or other extensive treatments, depending on the extent of the injury.
