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Motor Vehicle Accident FAQs

Have Questions After a Motor Vehicle Accident?

Our Auto Accident Attorney in San Jose Is Here to Answer Your Questions

If you have been injured in a motor vehicle accident, in San Jose or the surrounding area, then you deserve to hold the negligent driver responsible for his or her actions. Our auto accident attorney in San Jose has developed a list of questions that are commonly asked by accident victims. They include:

What Should I Do Immediately Following a Motor Vehicle Accident?

The first thing you should do following a motor vehicle accident — assuming you have been medically treated — is gather the contact information of any witnesses or passengers. You should also exchange information, if possible, with the person you believe is at-fault for the accident.

What Happens If I Am Partially Responsible for the Accident?

In California, fault for a motor vehicle accident can be shared between multiple parties. If you are partially responsible for the accident, then you can still be awarded damages. Your award will simply be lessened by the percentage of your fault.

How Is Fault Determined?

Fault is determined by a judge or jury with the assistance of witness and expert testimony, as well as recreations of the accident in question. A San Jose auto accident lawyer can help you investigate the accident scene and secure the testimony of any important witnesses.

Who Can Be Held Responsible for a Motor Vehicle Accident?

Any driver on the roadway can be held responsible for a motor vehicle accident. In addition, you may choose to file a personal injury lawsuit against an out-of-turn pedestrian, bicyclist or motorcyclist.

What Is a Personal Injury Lawsuit?

A personal injury lawsuit is the type of lawsuit you would file, should you choose to hold another party responsible for a motor vehicle accident. These lawsuits are designed to transfer compensation for damages from the plaintiff to the defendant.

How Long Do I Have to File a Motor Vehicle Accident Claim?

In California, it is important to file your claim within the appropriate time constraints. However, there are often unique circumstances that can potentially affect the statute of limitations for your motor vehicle accident claim. Please consult with an attorney before making any major decisions about filing deadlines.

What Do I Need to Prove in Court?

In court, you will need to prove that the defendant was negligent or intentionally reckless on the roadway. When driving, you owe others on the roadway an assumed duty of care. When you cause an accident, that duty of care is violated. When that violation leads directly to the injury of another person, compensation may be warranted.

What Kind of Compensation Can I Collect?

There are several types of compensation you may collect as a plaintiff in a personal injury lawsuit:

  • Loss of income
  • Future loss of income
  • Pain and suffering
  • Medical bills
  • Future medical bills
  • Permanent disfigurement

How Much Compensation Should I Expect to Win?

The total compensation awarded depends entirely on the severity of your injuries and the facts of the case. If your lawsuit is successful, then the awarded amount could range from thousands of dollars to hundreds of thousands.

When Should I Contact a San Jose Motor Vehicle Accident Law Firm?

You should seek legal counsel immediately following a motor vehicle accident that you believe was caused by a negligent or reckless third party. Attorney Braid Pezzaglia can walk you through the entire process and will help you meet any important filing deadlines.

Contact an Experienced San Jose Motor Vehicle Accident Attorney

Have you or a loved one been injured in a motor vehicle accident in San Jose or Santa Clara County? The time has come to fight for the compensation you deserve. Contact our experienced auto accident attorney in San Jose to discuss your situation. Call Law Offices of Braid Pezzaglia at (408) 650-8955. You can also complete our online contact form and tell us about your case.


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