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On This Page:
- Why it's important to start your case right away
- What caused your accident?
- Car accident wrongful death claims
- Car accident FAQs
Between the negligence of other motorists, defective vehicle parts, roadway hazards, and inclement weather, the average driver is faced with nearly constant danger on the road. In fact, the Fatality Analysis Reporting System (FARS) calculates over 30,000 fatal car accidents in the United States each year.
Auto accidents have the high potential to result in serious injuries that can be costly and life-changing for both the injured and their families. In order to pursue monetary compensation for your damages without the added stress of managing a personal injury claim, you should seek legal counsel from our San Jose car accident attorneys as soon as possible.
We pursue maximum compensation for our clients to cover damages including:
- Medical expenses
- Vehicle repair
- Rehabilitation costs
- Lost wages
- Emotional distress
- Lessened enjoyment of life
Every car accident case is time-sensitive and should be handled as soon as possible. Failure to do so may result in the loss of the ability to recover monetary compensation. Our legal team needs to get started right away collecting evidence such as police reports and eye-witness testimony to prove the cause of your accident so that the liable party can be held responsible. Some of the most common causes of car crashes include:
- Speeding: Drivers who disobey speed limits are an extreme hazard to themselves and everyone else on the road.
- Intoxication: Driving under the influence (DUI) is a significant cause of fatal car accidents. Evidence gathered by the police, such as the driver’s blood alcohol concentration (BAC) level, can be used to empower your claim.
- Distracted Driving: Whether it’s cell phone use or paying attention to passengers over the road, any sort of distraction can increase a driver’s reaction time and cause them to miss upcoming hazards. We can help you search for evidence of driver distraction after a crash.
If you are ready to start your car accident claim with the lawyers at Caputo & Van Der Walde LLP, call us today at (800) 900-0863. We offer completely free consultations to clients in and around San Jose.
In most cases, car accidents occur due to negligent mistakes of drivers. However, vehicle manufacturers, road construction crews, and other parties can also be held liable for any injuries depending on the source of the negligence.
Auto parts can break or become defective without warning, taking control away from the driver or putting them in peril. In recent years, numerous auto part defects have been in the news for causing severe injuries and death, including defective airbags, faulty brakes, overactive accelerators, and more.
Drivers cannot be safe unless the roads empower them to do so. Car accidents can be caused by road hazards such as:
- Construction zones
- Dirt, debris, & foliage in the road
- Inadequate street lighting
- Uneven pavement & shoulder drops
- Poor road design
- Unsafe or missing guardrails
- Poor or confusing road signs
Irresponsibly Designed SUVs
Sports utility vehicles (SUVs) have a high rollover rate in single-vehicle accidents due to their narrow wheelbase and high center of gravity. Emergency maneuvers conducted by the driver to swerve out of harm’s way can toss an SUV onto its side or roof when most other passenger vehicles would skid. To make matters worse, SUVs are often advertised as off-road vehicles but do not come with off-road vehicle protection features like roll cages.
Although no amount of money can ever address your loss, our firm can hold the responsible driver liable and help you and your family recover the resources needed to start rebuilding your life through a wrongful death claim. Knowing that your bills will be paid and your financial future will be stabilized can lead to peace of mind.
In a wrongful death claim, you may be able to receive compensation for:
- Medical bills of the decedent related to final care
- Funeral and burial costs
- Loss of consortium and companionship
- Wages the decedent would have earned in their lifetime
Understanding the exact cause of your loved one’s fatal accident is a key step to strengthening your claim and increasing your chances of a successful outcome.
Call Caputo & Van Der Walde at (800) 900-0863 to schedule your free case evaluation today. We serve the Greater San Jose area.
After a car crash, what information should I get from the scene?
You should try to collect as much information and evidence as possible without jeopardizing your health. Get the names and addresses of pedestrians, passengers, and drivers of all vehicles involved in the collision. If the driver or a passenger appears to be intoxicated, tell the emergency responders and law enforcement. If witnesses offer statements, write down their comments and contact information. Also, take plenty of photographs, not just of the accident scene, but also of the damage to your vehicle and of any injuries.
Should I listen for any particular statements from other parties in the crash?
Yes, you should keep an ear open for the other driver saying anything that could be an admission of guilt. Apologies are usually taken by insurance companies as a driver’s admission they caused the crash. Write down anything you hear that could help your case. In the same vein, do not apologize or mention you were not paying attention.
Do I need to call law enforcement after a car accident?
California requires at least one person to call the police after a serious car accident. Even in minor "fender benders," it can be helpful to have law enforcement show up to write out a report, check to see if anyone is intoxicated, and redirect traffic away from the crash site. Sometimes the best evidence you have for your claim is the word of a police officer.
Who is liable for my damages and injuries?
While it is easy to blame the other driver for all your damages, the reality is that multiple parties, many of whom were not even there for the crash, could be held liable. For instance, imagine a case in which a driver’s brakes fail and he plows into another vehicle in an intersection. The driver in this example would probably be partially liable for not steering his vehicle away from others, but the auto part manufacturer that made the brakes could be mostly liable. You must know all liable parties if you want your claim to be successful and your recovery to be maximized.
Do I need to see my doctor after a crash?
You need to know the true extent of your injuries after being in a car accident if you want to seek compensation for the correct amount. Schedule an appointment with a trusted physician as soon as possible to make certain there are no underlying issues you do not feel yet. Not only will this help you heal and stay healthy, but it also reduces your liability for any injuries that become noticeable later.
If an insurance company contacts me, what should I say?
After a car accident, the insurance company of the other party will want to talk to you. They might seem friendly, but they are really trying to get you to admit guilt. Rather than talking to them yourself, you can retain a personal injury lawyer and direct all calls to them. This will greatly reduce your chances of inadvertently saying the wrong thing to the insurance caller.
How can I get quality legal help with my car accident case?
Connect with our skilled and experienced car accident attorneys at Caputo & Van Der Walde LLP for a free consultation. We are happy to explain your rights and help you get started with your claim.