San Jose Car Crash Law Firm
Car crashes continue to be the most common type of vehicle accidents. Over the past three years, car accidents in San Jose, California have seen a ten percent increase. Driver distractions and failure to obey traffic laws are the leading causes of accidents.
Every licensed driver in San Jose has a duty to exercise reasonable care and caution on all roads and highways. Drivers failing to obey the traffic laws are negligent when their actions injure individuals or damage property. In the state of California, these types of car accidents fall under traffic and personal injury law. If you are at fault in a car crash, the opposing attorney has to prove your liability to the injured parties.
Single Fault Car Accidents
If you have been involved in a car accident with serious injuries, you should contact our San Jose car crash attorneys for your first consultation. Our attorneys will review the police reports, photos, and evidence collected from the scene of the accident. The information helps to piece together what happened. The facts determine who is at fault and responsible for the accident.
Something to remember, the officer’s report may play a major role in describing what happened. Insurance companies rely on the officer’s report because the parties’ emotional anxieties can confuse or exaggerate the events of the accident.
Shared Fault Car Accidents
Sometimes both drivers are at fault for causing the accident. The law and your insurance company determine the entitlements for injured parties. An example of shared fault accidents is left-hand turns. The driver making the turn is cutting across several lanes of traffic. These accidents result in side impacts. Left-hand turn accidents report more passenger injuries than rear-end accidents. Because the oncoming vehicle is traveling, the injuries tend to be serious.
San Jose car crash attorneys help to clarify who is at fault and the portion of the assigned blame to each driver. Both drivers may be at fault for failing to obey rules of the road. One may have failed to yield to oncoming traffic. The other driver may have run a red light.
Establishing fault and negligence is not always clear-cut or simple. San Jose car crash attorneys will review and investigate the accident. Your attorney is able to determine if the accident fault meets California’s pure comparative rule or belongs to a single driver.
If the other driver is at fault, your attorney will file your claim against the insurance company. Keep in mind, insurance companies pay for medical costs up to the policy limits. In most cases, serious injuries exceed these limits. An experienced accident attorney does make a difference in finalizing accident settlements.
Pure Comparative Fault
When both drivers are at fault, California’s personal injury law enforces comparative negligence. The rule determines the driver’s share of liability and the contribution of negligence. The law allows both parties to claim damages corresponding to their share of fault for the accident.
Here is how comparative negligence works:
If one driver is responsible for 70 percent of the accident, then the other driver’s share is 30 percent. The 70 percent driver can file an insurance claim for 30 percent. Likewise, the 30 percent driver can file a claim for 70 percent.
Contact Our San Jose Car Crash Attorneys
The San Jose car crash attorneys at Needham, Kepner & Fish are working to protect your rights as a driver. Contact our offices at (408) 956-6949 and find out what legal strategies work best for your situation. The call is free – your medical cost and recovery is not.