What Should I Do Immediately After a Car Accident?
Seeking prompt and immediate medical attention right away protects both a person’s physical health and any resulting legal claim, since detailed medical records create a clear and thoroughly documented connection between the collision and the injuries actually suffered by the patient. A San Jose car accident lawyer often and strongly recommends thoroughly documenting the entire accident scene with clear photographs before any involved vehicles get moved or repaired by anyone present.
Does California Bar Recovery if I Was Partly at Fault?
California formally and clearly follows what is called a pure comparative negligence legal system, meaning an injured driver can still recover meaningful compensation even if they share some responsibility for causing the underlying collision. Common and frequently cited factors that can significantly affect an assigned fault percentage include the following important considerations worth understanding:
- Following too closely and tailgating dangerously behind another moving vehicle immediately before the collision occurred on the road
- Failing to properly and legally signal an intended lane change well before the sudden impact happened between vehicles
- Driving above the posted and legally established speed limit at the exact time of the underlying vehicle crash
- Being visibly distracted by a mobile phone or other handheld electronic device while actively operating a motor vehicle
A jury simply and mathematically reduces the total damages award by whatever precise percentage of fault ultimately and formally gets assigned to each individual driver involved in the underlying vehicle collision.
How Long Do I Have to File a Car Accident Claim?
California law generally and formally requires a personal injury lawsuit of this particular kind to be filed within two full years of the exact date of the underlying vehicle accident, regardless of how fault ultimately gets divided between the involved parties in the case. Missing this important legal filing deadline typically and permanently bars the claim entirely and completely, even when the other driver clearly and obviously caused the underlying vehicle collision itself.
Does My Own Insurance Company Represent My Interests?
An injured driver’s own personal insurance company still owes certain limited legal duties under the applicable policy terms, but its underlying financial interest generally and consistently favors minimizing payouts rather than maximizing an injured person’s total available recovery amount. A San Jose car accident lawyer can help carefully and thoroughly manage all necessary communications with both an injured person’s own personal insurer and the at-fault driver’s separate insurance carrier.
What if the Other Driver Has No Insurance?
Uninsured and underinsured motorist coverage, when carried on an injured person’s own personal automobile insurance policy, can become the primary and sometimes only meaningful source of recovery when the responsible driver entirely lacks adequate insurance coverage. California does not formally or legally require all drivers to carry this particular type of optional coverage, though many standard auto insurance policies include it automatically without additional cost to the policyholder.
What Compensation Can a Car Accident Victim Recover?
Damages awarded often and typically include full medical treatment expenses, lost wages during recovery, vehicle repair or replacement costs, and compensation for pain and suffering tied directly to the underlying collision itself. Cases involving permanent and lasting bodily injury of any kind can often result in substantially and considerably higher total damages reflecting long-term impact on future earning capacity and daily quality of life for the injured driver and their entire family.
Where Can I Get Help After a Car Accident in San Jose?
Understanding fully how California actually and formally handles fault and compensation together helps an injured driver pursue a fair and complete recovery from every available responsible party. Mitchell & Danoff Law Firm, Inc has proudly helped San Jose area residents pursue car accident claims for many years, handling cases carefully at every single stage of the process. If you were recently and seriously hurt in a vehicle collision, reach out today to discuss your specific options and what steps might make the most sense going forward.