San Jose Car Accident Attorney

Car Accidents in Santa Clara County

If you were involved in a car accident in San Jose or anywhere in the South Bay, you could be entitled to financial compensation for your resulting medical bills, lost wages, pain and suffering, and other damages. At the Law Offices of Braid Pezzaglia, our San Jose car accident attorney brings more than 20 years of experience to his personal injury practice, as well as a long and established history of success in highly complex cases.

Filing a car accident claim can be a challenging process without the help of a skilled attorney. We encourage you to reach out to our team as soon as possible if you or someone you love was hurt by a careless, reckless, or negligent driver. It is important that you act quickly, as you generally only have two years to file a car accident lawsuit in California. If you wait too long, you could lose your right to sue the liable party for damages.

To learn more, including how our firm can help you with your claim, call (408) 650-8955 or contact us online. Your initial consultation is completely free.

Types of Cases Our Car Accident Law Firm Handles

The Law Offices of Braid Pezzaglia has extensive experience handling all types of motor vehicle accident claims, including cases involving:

• Passenger car accidents
• Motorcycle crashes
• Uber and Lyft accidents
• Bicycle-vehicle collisions
• Large truck and commercial vehicle collisions
• Bus,train, light rail,and other mass transit accidents
• Pedestrian accidents

We have successfully helped victims of distracted driving accidents, drunk driving accidents, rear-end collisions, head-on collisions, side-impact accidents, rollovers, and other types of crashes secure fair financial compensation so that they could get back on their feet and move forward with their lives. No case is too complex or too challenging for our team.

Can You Sue a Negligent Driver in California?

California follows a traditional fault-based (or “tort”) system when it comes to auto insurance and accident claims. This means that it is not only possible to sue an at-fault driver, but it is also necessary in many cases if you wish to recover compensation for your damages.

To sue an at-fault driver, there are several things you must prove:

• They had a duty of care or legal responsibility to drive carefully, follow the law, and avoid causing injury to others
• They failed to uphold this duty of care, either by acting negligently, driving recklessly, or violating traffic laws
• As a result of the other driver’s negligent, reckless, or wrongful conduct, you were injured and suffered measurable damages
• If you were also partially at fault for the accident, your degree of fault was less than 100 percent (i.e., the other driver was at least partially to blame for the crash)

Under California’s rule of pure comparative negligence, you can still file a claim against the at-fault driver’s insurance company and/or sue the at-fault driver directly if you were partially at fault for an accident, as long as you were not entirely to blame.

However, the amount you can receive in compensation will be reduced by your percentage of fault. For example, if you are seeking $100,000 in damages, but you are found to be 25 percent liable for the crash, you can only recover up to $75,000.

What Are the Most Common Causes of Car Accidents in California?

Every year, tens of thousands of Californians are involved in motor vehicle accidents, many of whom suffer severe bodily injury or death. Often, these collisions could have been avoided had one or both parties followed the law and exercised due care.

Proving fault is a key element of your car accident claim. Typically, this involves proving that the other driver was at least partly to blame for the accident. To do this, you will need to identify the cause of the collision.

Some of the most common causes of car accidents include:

• Speeding, including driving too fast for current weather, traffic, or road conditions
• Distracted driving, including using a handheld device or texting while driving
• Driving under the influence of alcohol (drunk driving) or drugs (high driving)
• Driving while fatigued and/or falling asleep at the wheel
• Violating traffic laws or rules of the road, such as running red lights or stop signs
• Turning, merging, changing lanes, or passing illegally or unsafely
• Driving aggressively or recklessly and/or engaging in road rage behaviors
• Weaving in and out of traffic, following too closely (tailgating), and stopping suddenly

When motorists are negligent or reckless, they put everyone else on the road at risk. If you were injured by a careless driver, you are likely entitled to financial compensation for your resulting medical expenses, lost wages, pain and suffering, and other damages.

What to Do If You Are Involved in a Car Accident

Being involved in any car accident, whether it’s a relatively mild fender-bender or a serious highway crash, can be a frightening and overwhelming experience. In the immediate aftermath of the accident, there are several things you should do (if you can) to protect yourself, your rights, and your continued health, safety, and wellbeing.

If possible, try to do the following in the hours, days, and weeks following the accident:

• Call 911 and/or seek medical attention. If necessary, get emergency medical treatment or go to the nearest hospital. If you do not need emergency care, visit your regular doctor as soon as possible after the crash. Even if you believe that you were not injuries or that your injuries are minor and will heal on your own, you should always see a medical professional after a car accident, as your injuries may be more serious than you initially realize.
• Contact the police and have them come out to the scene of the accident. By law, you are required to report any accident resulting in bodily injury, death, or property damage in excess of $1,500 to the Department of Motor Vehicles (DMV) within 10 days. If the police come out to the accident scene, they will fill out and submit this report on your behalf. A police report can also serve as invaluable evidence in your future personal injury claim.
• Obtain a copy of the police report and gather any other relevant evidence you can. Take pictures of your car, as well as the other person’s vehicle, before the scene is disturbed. Take pictures of your injuries and ask for copies of your medical records. Talk to any witnesses who saw the accident and get their name(s) and contact information, if possible. You should also keep any receipts for payments made related to the accident, such as doctors’ copays, property damage repairs, and more.
• Notify your auto insurance company about the accident as soon as possible—most auto insurance policies require policyholders to report accidents in a “reasonably timely manner.” What exactly this means depends on the specifics of your policy and the insurance company’s requirements. However, you should avoid giving any written or oral statements to the insurance company (yours or the other party’s) and never sign anything without first talking to an experienced car accident attorney.
• Last but certainly not least, you should contact an attorney as soon as possible if you were injured or if anyone was killed in the accident. Insurance companies will often do everything they can to avoid paying out claims, even legitimate claims. An attorney, like ours at the Law Offices of Braid Pezzaglia, will be able to fight back against these efforts and protect your right to fair compensation—even if that means taking your case to trial.

Why It's Worth Hiring an Attorney for a Car Accident

In the event of a car accident, having skilled and zealous legal representation can be invaluable. There are many benefits to hiring an attorney after a car accident. First, numerous studies have proven that people who work with personal injury lawyers tend to recover higher settlements than those who try to resolve their claims on their own.

An experienced car accident attorney will navigate the complexities of the legal system so that car accident victims can receive the compensation they deserve. As such, with their experience, car accident attorneys are often able to negotiate a car insurance settlement that is more favorable than what victims might have been able to obtain on their own.

Also, an attorney will be able to handle the various legal details of your case while you focus on your physical recovery.

Is California a No-Fault State?

No, California is considered an "At-Fault" auto insurance state. This means each driver is required to file a car accident injury claim with the at-fault driver's insurance company. Our car accident attorneys have an in-depth understanding of California car insurance laws and can help car accident victims understand their rights in order to ensure they get the compensation they deserve.

Our San Jose Car Accident Attorneys Can Fight For You

At the Law Offices of Braid Pezzaglia, our San Jose car accident attorneys can:

• Request your accident report
• Fully investigate your accident
• Properly document your injuries
• Assess your property damage
• Communicate with the insurance company
• Negotiate a fair settlement or take your case to trial
• Help you find a doctor
• Assist you in obtaining a rental car

Throughout the entire process, we are here to answer your questions and be the advocate you need as you move through the legal system. We are prepared to go up against powerful insurance companies, municipalities, public entities, and others in our pursuit of fair compensation on your behalf.

At the Law Offices of Braid Pezzaglia, we fight for victims of severe bodily injury, as well as the families of those wrongfully killed in fatal car accidents throughout Santa Clara County and the surrounding areas.

We genuinely care about each and every one of our clients and have earned the respect of our peers, opponents, and clients thanks to our commitment to honesty, service, and results.

We offer legal services in English, Spanish, Japanese, Tagalog, and Vietnamese, and there are no legal fees unless we win your case! Call (408) 650-8955 or contact us online today.