Car accidents on Highway 101 in San Jose are, unfortunately, common. US-101 in Santa Clara County, which includes San Jose, recorded 78 fatalities between 2015 and 2019, making it one of the most dangerous roads in the U.S., according to ValuePenguin. The high traffic volume and dangerous driving habits along this major corridor make knowing what to do after an accident critical. A car accident lawyer San Jose can help victims protect their rights and seek fair compensation for damages and injuries.
1. Prioritize Safety and Seek Medical Attention
Safety should be the top priority after a car accident. If possible, move to a safe location to avoid further collisions. Check for injuries and call 911 for medical assistance and law enforcement. Even if there are no visible injuries, seeking medical attention is important since issues like internal bleeding or whiplash may not be immediately apparent.
Medical records are essential when pursuing an injury claim. They document the severity of injuries and serve as evidence when calculating compensation. A San Jose auto accident attorney can use this documentation to strengthen a case and ensure victims receive the compensation they deserve.
2. Contact Law Enforcement and File a Report
A police report is a valuable piece of evidence after a car accident. When the police arrive at the scene, provide an accurate account of the accident without admitting fault. The officers will gather statements, assess the scene, and file an official report.In California, any accident involving injuries or property damage over $1,000 must be reported to the DMV within ten days. A car accident lawyer near me can ensure all required documentation is filed properly and on time, reducing the risk of complications.
3. Gather Evidence at the Scene
If physically able, gather as much evidence as possible. Take clear photos of vehicle damage, road conditions, traffic signs, and injuries. Exchange contact and insurance information with other drivers and obtain witness statements.
Photographic evidence and witness accounts often play a key role in determining fault and securing compensation. An experienced auto accident lawyer in San Jose will know how to organize and present this evidence to strengthen a case.
4. Notify the Insurance Company
Notify the insurance company about the accident promptly. Insurance companies often try to minimize payouts by getting victims to admit fault or downplay injuries. Provide only the necessary facts and avoid speculation.
A car accident lawyer San Jose will handle communication with the insurance company, ensuring that statements are accurate and that the victim’s rights are protected. An attorney can push back against lowball offers and advocate for full compensation for medical expenses, lost wages, and pain and suffering.
5. Work with a Car Accident Lawyer San Jose
Hiring a car accident lawyer San Jose after an accident on Highway 101 increases the chances of receiving fair compensation. Maryam Parman, founding attorney of Avrek Law Firm, has built a reputation for helping car accident victims recover damages. With more than 50 years of combined experience and over $2 billion recovered for clients, Avrek Law Firm knows how to secure compensation for victims of negligence.
An experienced attorney will handle negotiations with insurance companies and ensure that victims receive compensation for both current and future damages. A personal injury lawyer understands how to calculate the true value of a claim, including future medical costs and lost earning capacity.
6. Understand the Statute of Limitations
California law allows two years from the date of the accident to file a personal injury claim and three years for property damage claims. Missing these deadlines can prevent victims from recovering compensation.
A San Jose auto accident attorney will ensure that all paperwork is filed on time and that deadlines are met. Understanding California’s legal requirements is key to building a successful case.
7. Protect Your Rights Against Insurance Companies
Insurance companies often use tactics to minimize payouts, such as shifting blame or questioning the severity of injuries. Victims who face the process alone may be pressured into accepting low settlements.
Car accident attorneys will protect victims from these tactics. An experienced attorney will negotiate with insurance companies and ensure that the settlement reflects the full value of the claim. If necessary, the case can be taken to court to pursue fair compensation.
8. Determine If the Case is Worth Filing
Not all accidents result in a case worth filing, but an experienced lawyer can assess the details and determine whether a claim is viable. A case worth filing typically involves clear evidence of fault, significant damages, and long-term medical or financial consequences.
San Jose’s dangerous roads increase the likelihood of severe accidents. In 2023, San Jose recorded 47 traffic deaths, down from 65 in 2022, but accidents on major roads like Highway 101 remain a serious problem. The city recently secured $12.9 million from the Safe Streets and Roads for All grant to improve road safety, including raised bike paths, better sidewalks, and enhanced pedestrian crosswalks.
9. Evaluate All Potential Damages
Car accidents often result in more than just physical injuries. Victims may face emotional trauma, lost income, and ongoing medical issues. Compensation should reflect the full extent of damages, including future costs and reduced quality of life.
An experienced San Jose auto accident attorney like those from Avrek Law will calculate the total value of a claim, considering medical expenses, lost wages, property damage, and emotional distress. Presenting a comprehensive case to insurance companies or the court increases the likelihood of receiving fair compensation.
10. Choose the Right Legal Representation
Maryam Parman and the legal team at Avrek Law Firm have helped thousands of accident victims recover compensation. With more than $2 billion recovered for clients, Avrek Law Firm understands how to handle complex personal injury cases and secure the best possible outcome for clients.
When dealing with the aftermath of a car accident on Highway 101, having experienced legal representation can make all the difference. Victims deserve compensation for their injuries and losses, and working with a car accident lawyer San Jose ensures that their rights are protected.
For those injured in a car accident on Highway 101, seeking the guidance of a car accident lawyer San Jose is a crucial step. The team at Avrek Law is ready to help victims secure the compensation they deserve. Call 866-598-5548 anytime to schedule a free case evaluation or chat with a representative online to discuss options.