Injured in a Motor Vehicle Accident?
Our San Jose Accident Attorney Fights for Vehicle Injury Victims
A motor vehicle is any mode of transportation that moves persons or property from one place to another, including cars and trucks as well as trains and buses. While motor vehicles are essential to modern life, negligence by any vehicle operator has the potential to cause an accident resulting in severe injuries and/or wrongful death. When an accident happens, the at-fault party may be held liable for the property damage and injuries that result. However, filing an injury claim can be difficult and time-consuming, especially if the accident involved commercial vehicles. The laws governing liability may vary depending on the type of motor vehicles involved in the accident and who is responsible for the vehicles. A qualified San Jose accident attorney can help alleviate the stress of a legal claim by investigating the cause of the crash, correctly documenting your injuries and assessing the property damage.
Choosing an effective attorney after a motor vehicle accident is critical in obtaining the compensation you rightly deserve. When you select the Law Offices of Braid Pezzaglia, you get law firm that focuses a large portion of his practice on motor vehicle accidents. We can walk your through the steps of your case, including what you can expect and how we can make each step easier. We fight aggressively for the rights of our clients, no matter what kind of motor vehicle accident caused their injuries.
What Are the Possible Types of Motor Vehicle Accidents?
When most people hear the term “motor vehicle accident,” they automatically think of a traffic accident involving cars. However, there are many types of vehicle accidents that neither involve cars nor occur in traffic.
San Jose accident attorney Braid Pezzaglia has experience with motor vehicle claims involving:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Bike Accidents
- Pedestrian Accidents
- Bus Accidents
- Uber and Lyft Accidents
- Train Accidents
- Light Rail Accidents
- Watercraft Accidents
Motor vehicle accidents generally occur as the result of the negligence of an operator. However, some are due to the failure of safety equipment under the operator’s control. In some circumstances, a manufacturing or design defect may be the cause of a collision; in these cases, the manufacturing company may be liable for the accident, rather than the operator.
Generally, owners and operators of motor vehicles are responsible for making sure their vehicle is kept in reasonably safe condition. Operators must also exercise degree of care and caution to ensure the safety of passengers and anyone else in the vicinity. In some cases, liability may extend to an operator’s employer as well. For example, if you sustain an injury due to a negligent truck driver, then the trucking company that owns the vehicle may be legally responsible.
How Do I File a Motor Vehicle Accident Claim?
Regardless of the liable party, to file a successful injury claim, regardless of the liable party, you and your attorney must demonstrate:
- A legal duty was owed. This is usually easy to prove, as operators have a duty to operate a motor vehicle in a reasonably safe manner, under the existing conditions. The operator owes this duty to all persons in a reasonable proximity to the motor vehicle.
- The owner/operator did not meet the obligations of their duty. For example, a negligent driver may not come to a complete stop at a stop sign or stop light. Reasonable car drivers come to a complete stop because failing to do so may result in a collision.
- The failure to meet the duty caused an injury. This means there must be an injury for a claim. An example would be where a driver runs a stop sign and collides with a vehicle in the intersection and a passenger of the other vehicle sustains a head injury. The head injury would not have occurred but for the driver running the stop sign and crashing into the vehicle in the intersection.
- The injury results in damages. A minor injury not requiring medical attention, such as cuts and bruises, may not be worth the cost of litigation. However, you should always get medical attention after an accident, as some injuries may take some time to develop.
If you were injured in any kind of vehicle accident, then you should always speak with an attorney. San Jose accident law Braid Pezzaglia is familiar with the standards required to recover damages in motor vehicle accidents.
Hurt in a Motor Vehicle Accident? Contact Our San Jose Accident Attorney
The Law Offices of Braid Pezzaglia works to hold operators of motor vehicles accountable when preventable injuries occur as a result of negligence. We can help you pursue just compensation after an accident. You do not have to fight the insurance company on your own. Call our office at (408) 752-5834 or contact us online to speak with a lawyer who can help you obtain the best possible outcome.