San Jose Vehicle Accident Lawyers

• Stop and Safety First: Never flee the scene; it can be classified as a “hit and run.” Move to a safe area if possible, but stay nearby.
• Call 911: Even for minor accidents, a Police Report is your most important piece of evidence. In many states, you are legally required to report accidents involving injuries or significant property damage (usually over $1,000).
• Exchange Information: Get the other driver’s name, phone number, Insurance Policy Number, and Driver’s License number.
• Document Everything: Use your phone to take photos of vehicle damage, license plates, skid marks, and the surrounding road signs or signals.

Fault is generally based on Negligence—failing to use “ordinary care” while driving.

• Common Scenarios: The rear driver is almost always at fault in a rear-end collision. In a left-turn accident, the turning driver is usually liable for not yielding to oncoming traffic.
• Comparative Negligence: Most states (including California) follow “Comparative Fault.” If you were 20% at fault and the other driver was 80% at fault, you can still recover 80% of your damages.

Yes. Under the “Eggshell Plaintiff” rule, a defendant is responsible for the aggravation of a pre-existing condition. If the accident made your existing back pain significantly worse or caused a stable injury to become unstable, you are entitled to compensation for that increased harm.

The “clock” usually starts on the day of the accident:

• Personal Injury: Generally 2 years in California (CCP § 335.1).
• Property Damage: Generally 3 years (CCP § 338).
• Claims Against Government: If you were hit by a city bus or a government vehicle, you must file a formal notice within 6 months.

If you are hit by someone without insurance, you can file a claim under your own Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage. In 2026, California’s minimum liability limits have increased, but many drivers still carry the bare minimum. UM/UIM coverage protects you by allowing your insurance company to “step into the shoes” of the at-fault driver.

As of January 1, 2025, California significantly increased its minimum liability requirements under Senate Bill 1107.

• The New Minimums: Drivers are now required to carry $30,000 for bodily injury per person (up from $15,000) and $60,000 per accident.
• The Impact: This means there is more “insurance pool” money available for even the most basic accidents. However, with higher limits, insurance companies have also become more aggressive in using AI-driven analytics to fight claims. We use the same advanced technology to ensure your case is not undervalued by their algorithms.

In 2026, dash cam footage is one of the most powerful tools in personal injury litigation. It eliminates the “he-said, she-said” disputes that insurance companies use to deny claims.

• Proving Fault: Clear video of a red-light runner or a sudden “brake check” can force an insurance company to settle much faster and for a higher amount.
• California Privacy Note: While video is almost always admissible, California is an “All-Party Consent” state for audio. If your dash cam recorded private conversations inside the car without consent, that audio might be excluded. We always review your footage first to ensure it strengthens your case.

This is a common concern in 2026. Even with California’s increased minimum limits ($30k/$60k), a single surgery can easily exceed those amounts. We have several strategies for this:

• Underinsured Motorist (UIM): We can file a claim against your own insurance policy to cover the “gap.”
• Asset Discovery: We investigate if the driver has personal assets (real estate, investments) that can be seized to pay the judgment.
• Third-Party Liability: We check if a vehicle defect or a dangerous road condition contributed to the accident, allowing us to sue a manufacturer or a government entity with much higher coverage limits.