Personal Injury Attorneys in San Jose, CA

Why Choose Avrek Law as the
San Jose Law Firm for Your Case.

Why Choose Our San Jose Personal Injury Lawyers?

$2 Billion Recovered, California Trial Expertise: Our track record proves we deliver maximum compensation under California law. We understand San Jose’s unique challenges—I-280 Peninsula commute congestion, I-680 Milpitas-to-Fremont corridor accidents, US 101 Bay Area main artery crashes, SR 87 downtown connector collisions, Capitol Expressway high-speed accidents, Monterey Road commercial truck traffic, Santa Clara Street pedestrian conflicts, tech campus workplace injuries (Apple Park, Googleplex, Meta campus), Google/Apple/Facebook shuttle accidents, VTA light rail pedestrian accidents downtown. This hyperlocal knowledge identifies liability-proving evidence insurance companies overlook.

California Pure Comparative Negligence Mastery: California’s pure comparative fault means you recover compensation even if 99% at fault—only your percentage reduces recovery, never eliminates it entirely. $300,000 damages but 70% at fault? Recover $90,000. Unlike Texas (51%+ fault = $0), California protects even substantially-at-fault victims. However, insurance companies exploit this inflating your fault percentage—claiming 60% fault instead of 20% on $200,000 case steals $80,000 from you ($160K down to $80K). We challenge aggressively using dashcam footage, VTA camera systems, tech campus surveillance, witness statements, accident reconstruction, California Vehicle Code violations proving defendant’s primary fault.

Santa Clara County Court Knowledge: Our attorneys regularly practice in Santa Clara County Superior Court (Hall of Justice, 191 N 1st Street, San Jose). We know judges handling civil cases, local procedures, realistic settlement timelines, how Santa Clara County juries value cases involving tech workers’ high wages amplifying economic damages. This insider knowledge creates strategic advantages competitors lack, whether negotiating settlements or presenting cases before juries understanding Silicon Valley’s unique economic landscape where lost wages from six-figure tech salaries justify substantial compensation.

Silicon Valley Workplace Accident Experience: Beyond standard workers’ compensation, third-party liability exists when non-employer parties cause workplace injuries—equipment manufacturers producing defective machinery, contractors creating hazards, property owners maintaining unsafe conditions. San Jose’s tech campus concentration creates unique scenarios: shuttle bus accidents involving Google/Apple/Meta, cafeteria slip-and-falls on third-party maintained facilities, construction accidents during campus expansions, parking structure accidents. We identify all liable parties maximizing recovery beyond workers’ comp limits.

Available 24/7, Contingency Fee Only: Silicon Valley accidents don’t follow schedules. Neither do insurance company tactics. We’re available immediately preserving evidence from tech campus security, Santana Row retailers, downtown San Jose businesses, VTA systems. You pay nothing unless we win—interests perfectly aligned maximizing your California pure comparative negligence recovery.

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Common Types of Personal Injury Cases in San Jose

Car/Truck/Motorcycle Accidents: I-280 Peninsula commute congestion creating rear-end collisions, lane-change accidents, rush hour gridlock crashes. US 101 South Bay traffic accidents involving distracted drivers. I-680 North-South corridor high-speed collisions. SR 87 downtown connector accidents navigating complex interchanges. Capitol Expressway, Monterey Road, Santa Clara Street dangerous intersections. Commercial truck accidents on US 101 transporting goods throughout Bay Area. Motorcycle crashes on scenic routes (Mount Hamilton, Highway 9). Rideshare (Uber/Lyft) accidents serving San Jose airport, downtown nightlife, tech campus pickups. We handle all Santa Clara County motor vehicle cases.

Silicon Valley Tech Campus & Shuttle Accidents: Apple Park (Cupertino), Googleplex (Mountain View), Meta campus (Menlo Park), Cisco, Adobe, eBay campuses throughout South Bay. Workplace accidents beyond workers’ compensation—third-party contractor negligence, equipment manufacturer defects, property owner maintenance failures. Tech company shuttle accidents transporting employees between housing and campuses—Google buses, Apple shuttles, Facebook commuter coaches causing collisions on I-280/US 101. VTA light rail accidents at downtown San Jose intersections (Santa Clara/1st Street, San Fernando/Market, Alum Rock corridor). Caltrain accidents at grade crossings. Complex liability involving multiple parties—transit authorities, employers, contractors, manufacturers.

Workplace Accidents: Construction site accidents throughout booming San Jose—downtown high-rise development, tech campus expansions, residential construction. Falls from heights, equipment failures, electrocutions, scaffold collapses. Third-party liability when non-employer caused injury. Federal OSHA violations proving negligence. Manufacturing accidents in San Jose’s remaining industrial facilities. Office accidents in tech companies—slip-and-falls, repetitive stress injuries, ergonomic failures causing permanent disability affecting six-figure earning capacity.

Slip and Fall/Premises Liability: Santana Row shopping accidents, Valley Fair mall hazards, downtown San Jose restaurant/bar accidents, hotel negligence, apartment complex inadequate security, parking lot/garage falls, inadequate lighting, uneven surfaces. Property owners owing duty of care to business invitees. Negligent maintenance, failure to warn of known hazards. California’s pure comparative fault means recovery even if partially at fault for not seeing obvious hazard—only percentage reduces compensation.

Product Liability: Defective vehicles purchased at San Jose dealerships, dangerous consumer products designed/manufactured in Silicon Valley (tech products, electronics), pharmaceutical injuries, medical device failures. California strict liability holds manufacturers responsible regardless of negligence. Design defects, manufacturing defects, inadequate warnings. Pursuing all responsible parties in supply chain—designers, manufacturers, distributors, retailers. California’s consumer-friendly laws favor victims.

Medical Malpractice: Surgical errors, misdiagnosis, medication mistakes, birth injuries at San Jose hospitals (Valley Medical Center, Regional Medical Center, Kaiser San Jose, O’Connor Hospital). California’s Medical Injury Compensation Reform Act (MICRA) caps non-economic damages at $250,000 (though this may change with pending legislation), but no caps on economic damages. One-year statute with complex discovery rule (CCP § 340.5). Expert testimony requirements. Challenging cases requiring medical specialization.

Wrongful Death: Fatal I-280/US 101 collisions, workplace fatalities at construction sites or tech campuses, medical malpractice deaths leave families devastated. California Code of Civil Procedure § 377.60 allows surviving spouse, children, domestic partners recovering funeral costs, lost financial support (particularly substantial with tech sector salaries), loss of companionship, mental anguish, decedent’s pre-death pain. Two-year statute from death date. Separate survival action for decedent’s estate recovering medical bills, lost wages pre-death.

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Common Causes of San Jose Accidents

Distracted Driving: Cell phones, GPS adjustments, eating while driving causing thousands of California accidents. Tech workers checking work emails during I-280 commutes. Five seconds looking at phone at 65 mph covers 477 feet completely blind. California Vehicle Code § 23123 prohibits handheld devices while driving—violations proving negligence.

Speeding: I-280’s 65 mph limits routinely ignored. US 101 aggressive speeders. I-680 high-speed corridor. Capitol Expressway, Monterey Road excessive speeds. Speeding reduces reaction time, transforms minor collisions into catastrophic crashes. California Vehicle Code §§ 22348-22366 violations. Basic Speed Law (§ 22350) requires driving safely for conditions regardless of posted limits.

Impaired Driving: San Jose’s vibrant nightlife (downtown San Pedro Square, Santana Row bars/clubs) sees DUI crashes spike Friday/Saturday nights. California Vehicle Code § 23152: 0.08% BAC limit, zero tolerance marijuana impairment. DUI accidents justify punitive damages beyond compensatory under California Civil Code § 3294. License suspensions, criminal charges accompany civil liability.

San Jose Commute Congestion: I-280 Peninsula corridor gridlock despite expansion projects. US 101 South Bay perpetual stop-and-go traffic. I-680 congestion connecting East Bay to South Bay. SR 87 downtown bottlenecks. Silicon Valley’s prosperity creating traffic nightmares—tech workers commuting from affordable housing in Gilroy, Tracy, Modesto creating morning/evening crush. Rush hour 6-9am, 4-7pm extreme congestion creating rear-end collisions, aggressive lane changes, road rage incidents.

Aggressive Driving: Lane-weaving on I-280, tailgating on US 101, road rage incidents, unsafe lane changes without signals, following too closely. California Vehicle Code § 23103 reckless driving violations. Silicon Valley’s competitive culture sometimes manifesting in aggressive driving behaviors—time-pressed tech workers rushing between meetings.

Pedestrian/Bicycle Accidents: Downtown San Jose pedestrian traffic at VTA stations, Santana Row shopping, San Pedro Square dining. VTA light rail crossings creating pedestrian conflicts. San Jose’s increasing bicycle infrastructure (bike lanes throughout city) creating bicycle-vehicle conflicts when drivers fail to yield. California Vehicle Code § 21950 requires vehicles yield to pedestrians in crosswalks. Tech campuses encouraging cycling creating increased bicycle commuters vulnerable to driver negligence.

Tech Shuttle Accidents: Private shuttle services transporting tech workers between housing clusters and Silicon Valley campuses. Google buses, Apple shuttles, Facebook coaches creating unique liability—employer liability, third-party transportation company negligence, driver errors. VTA light rail accidents at downtown intersections when drivers/pedestrians fail to notice approaching trains. Caltrain grade crossing accidents causing catastrophic injuries, wrongful death.

Poor Road Maintenance: Potholes damaging vehicles, causing loss of control. Construction zones throughout booming San Jose creating lane shifts, reduced speeds, hazards. City of San Jose, County of Santa Clara, Caltrans responsible for road maintenance—government liability when negligent maintenance causes accidents. Six-month claim requirement under California Government Code §§ 910-915.

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Types of Personal Injury Damages

Economic Damages: Medical expenses—Emergency transport, Valley Medical Center ER visits (Level 1 trauma center for Santa Clara County), Regional Medical Center San Jose hospitalizations, Kaiser San Jose treatment, Stanford Health Care complex cases, surgeries, ICU stays, medications, medical equipment, physical therapy, occupational therapy, future treatment, life care planning for catastrophic injuries. Silicon Valley medical costs substantial. Lost wages—Every hour missing work, salary/hourly compensation, bonuses, stock options (particularly significant for tech workers). Future earning capacity—Career-ending injuries, permanent disabilities affecting six-figure tech salaries, vocational expert analysis calculating lifetime earnings loss, reduced hours, lower-paying work. Property damage—Vehicle repair/replacement, personal property.

Non-Economic Damages: Pain and suffering—Physical pain severity, duration, permanence. Chronic pain affecting daily activities San Jose residents enjoy—unable to hike Mount Hamilton, bike Los Gatos Creek Trail, attend Sharks games, enjoy Santana Row, work in yard during mild climate. Emotional distress—Anxiety, depression, PTSD from traumatic accidents, nightmares, fear of driving I-280/US 101. Loss of enjoyment—Activities impossible post-injury, hobbies abandoned, lifestyle changes. Disfigurement—Scarring from burns, surgical scars, visible injuries affecting appearance, self-esteem. Loss of consortium—Spouse’s claim for lost companionship, intimacy, support.

California Damages Law: No caps on personal injury economic/non-economic damages (unlike medical malpractice capped at $250K under MICRA). Economic damages unlimited—million-dollar medical bills, lost tech sector salaries fully recoverable. Non-economic damages unlimited—severe injuries justifying substantial pain and suffering awards. Santa Clara County juries understanding Silicon Valley’s high cost of living and substantial salaries award appropriate compensation. Punitive damages available when defendant’s conduct involved fraud, malice, or gross negligence—common in DUI cases, intentional torts. California Civil Code § 3294 limits punitive damages but doesn’t cap compensatory damages.

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What to Do After an Accident in San Jose

Ensure Safety, Call 911 Immediately: If injuries exist or vehicles block traffic, call emergency services. San Jose Police Department (408-277-8900) handles accidents within city limits—downtown, Santana Row, neighborhoods. California Highway Patrol responds to I-280, US 101, I-680, SR 87, Capitol Expressway, Monterey Road highway accidents. Request paramedics for injuries. Move to safety only when possible—secondary collisions common on congested Silicon Valley highways during commute hours.

Seek Medical Evaluation—Critical Even Feeling Fine: Adrenaline masks injuries appearing hours later. Internal injuries, concussions, soft tissue damage require immediate documentation. Valley Medical Center (751 S Bascom Ave, San Jose—Level 1 trauma center for Santa Clara County, excellent emergency care), Regional Medical Center San Jose (225 N Jackson Ave—acute care, comprehensive services), Kaiser San Jose Medical Center (250 Hospital Parkway), O’Connor Hospital (2105 Forest Ave), Stanford Health Care (Palo Alto—nearby for complex cases). Medical records linking injuries to accidents essential. Delayed treatment gives insurers ammunition claiming injuries weren’t serious or pre-existed accident.

California Traffic Collision Report Requirements: California Vehicle Code § 20008 requires written report to California Highway Patrol within 24 hours if accident caused injury, death, or property damage exceeding $1,000. Form SR-1 available online at CHP website. Failure to file can result in license suspension. Your attorney handles this ensuring compliance. Separate from police report—you file SR-1 even if police didn’t respond (parking lots, private property).

Document Everything Immediately: Photograph all vehicles (multiple angles), overall scene (road conditions, traffic signals, skid marks, debris, weather, I-280/US 101 highway markers, exit numbers, VTA tracks if relevant), visible injuries, license plates, insurance cards. Video walkthrough describing what happened. Evidence becomes critical when memories fade and insurance companies construct alternative narratives. Act fast before scenes change, surveillance footage deletes.

Exchange Information But Limit Discussion: Get driver names, addresses, licenses, insurance information. Witness contacts. Don’t discuss fault, apologize, or make statements beyond basic facts. California law requires exchanging information but doesn’t require admitting blame. Insurance companies use any admission against you—”I’m sorry” becomes “admission of fault” inflating your comparative negligence percentage reducing compensation. Even under California’s generous pure comparative system, higher fault percentages mean less money.

Don’t Give Recorded Statements: Insurance adjusters call within hours requesting recorded statements. They ask leading questions (“You were rushing to tech campus meeting, weren’t you?”), twist words, get admissions inflating fault percentage from 10% to 40% reducing your compensation. Politely decline. Say you’ll speak with attorney first. You’re required to cooperate with your own insurance eventually but not immediately with other parties’ insurers trying to inflate your comparative fault percentage.

Preserve All Evidence: Keep police reports (SJPD, CHP), medical records, bills, prescription receipts, tow receipts, repair estimates. Photograph injuries as they heal. Journal pain levels, limitations, missed work, inability to enjoy San Jose activities (Sharks games, hiking, Santana Row dining). This evidence supports non-economic damages (pain and suffering, loss of enjoyment) and counters insurance claims minimizing injury severity.

Contact Attorney Immediately: The sooner we’re involved, sooner we preserve evidence, guide medical treatment, counter insurance tactics inflating fault percentage. We send preservation letters to businesses with surveillance footage (Santana Row retailers, downtown San Jose businesses, tech campus security) before deletion. We send spoliation letters to insurance companies preserving dashcam footage, electronic data recorders. We protect your California pure comparative negligence rights, aggressively challenging fault determinations keeping percentage low maximizing compensation.

Call Avrek Law at 408-528-2690 now. Evidence disappears within days—surveillance footage deletes, witnesses move, scenes change. California’s two-year statute (six months for government claims) means strict deadlines or lose rights forever.

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How Our San Jose Personal Injury Lawyers Help

Comprehensive Accident Investigation: We visit accident scenes immediately—photograph conditions at I-280/US 101 interchanges, downtown San Jose intersections, VTA crossings, tech campus locations, road design, traffic signals, visibility obstructions. Obtain San Jose Police or CHP reports. Interview witnesses while memories fresh. Retain accident reconstruction experts analyzing skid marks, vehicle damage, debris patterns proving liability. Subpoena surveillance footage from Santana Row retailers, downtown businesses, tech campus security, VTA cameras before deletion. Investigate defendant’s history—prior accidents, traffic violations, employment records (tech shuttle driver logs).

Handle All Insurance Communications: All communications with insurance companies go through us—yours and theirs. We provide legal guidance protecting California pure comparative negligence rights. Manage calls, emails, recorded statements, medical record requests. Counter lowball offers with detailed demand letters demonstrating full case value using comparable Santa Clara County verdicts/settlements understanding tech worker high salaries amplifying economic damages. Prevent insurance adjusters from inflating your fault percentage through manipulation—fighting to keep you at 10% instead of 40% means recovering $180,000 instead of $120,000 on $200,000 case.

Navigate California Pure Comparative Negligence: California’s pure comparative fault means you recover even if 99% at fault—only percentage reduces compensation, never eliminates recovery entirely (unlike Texas 51% bar). Insurance companies inflate your percentage hoping to reduce payouts substantially. We aggressively challenge using dashcam footage, VTA camera systems, tech campus surveillance, witness testimony, California Vehicle Code violations proving defendant’s fault (speeding § 22350, unsafe lane change § 21658, following too closely § 21703, DUI § 23152, failure to yield § 21950). Expert testimony about reaction times, stopping distances, right-of-way rules. Keep you at lowest possible fault percentage—difference between 20% fault and 50% fault on $300,000 case means $240,000 versus $150,000 recovery.

Calculate Full Damages Under California Law: Insurers offer quick settlements covering basic bills only—initial ER visit, few therapy sessions, current lost wages. We work with medical experts, life care planners, economists, vocational specialists calculating past and future damages accurately. Economic: medical costs (past treatment, future surgeries, lifetime care for catastrophic injuries), lost wages including stock options/bonuses, diminished earning capacity (particularly devastating for tech workers earning $200K+), property damage. Non-economic: pain and suffering, emotional distress, loss of enjoyment, disfigurement, loss of consortium. No caps on personal injury damages means full recovery possible unlike medical malpractice cases capped at $250K.

Negotiate Maximum Settlements, Litigate When Necessary: Armed with comprehensive evidence and accurate damage calculations, we negotiate aggressively with insurers (State Farm, GEICO, Allstate, Farmers dominating California market). Our California trial reputation drives better offers—insurers know we’re prepared for Santa Clara County jury presentation. We won’t accept inadequate amounts just to close cases quickly. Your full compensation under California law matters more than our convenience. If insurers refuse fair settlements, we file lawsuits in Santa Clara County Superior Court prepared for trial.

Litigate in Santa Clara County Courts: When insurers refuse fair settlements exploiting unrepresented victims, we file lawsuits in Santa Clara County Superior Court (Hall of Justice, 191 N 1st Street, San Jose). Handle all litigation: complaints, discovery, depositions of defendant drivers and insurance adjusters, expert witnesses (accident reconstruction, medical, vocational, economic), mandatory settlement conferences, mediation, trial preparation. Extensive California trial experience means we’re comfortable presenting cases before Santa Clara County juries who understand Silicon Valley economics—tech workers’ high salaries justifying substantial lost wage claims, high Bay Area cost of living supporting larger pain and suffering awards, pure comparative negligence allowing recovery even with partial fault.

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Understanding California Pure Comparative Negligence

California Pure Comparative Negligence Explained: California Civil Code § 1714 establishes pure comparative negligence—you can recover compensation even if 99% at fault. Your compensation reduces by your fault percentage, but never eliminates recovery entirely. $200,000 damages but 30% at fault? Recover $140,000. 60% at fault? Recover $80,000. Even 90% at fault? Recover $20,000. This differs dramatically from modified comparative negligence states like Texas (51% bar eliminating recovery), making California uniquely victim-friendly.

San Jose Fault Scenarios: I-280 rear-end during commute: Rear driver typically assigned higher fault—must maintain safe following distance even in congestion. But if front driver brake-checked or stopped suddenly without cause, fault splits. Left turn at Capitol Expressway intersection: Turning vehicle often assigned 20-40% fault even if other driver ran red light—”duty to ensure intersection clear before proceeding.” VTA light rail crossing downtown: Pedestrian may be assigned 30-50% fault for not checking before crossing, but still recovers 50-70% of damages. Santana Row parking lot: Low-speed collisions, fault often disputed, 50/50 splits common—both parties recover 50% of damages. US 101 lane change: Fault based on who initiated merge, turn signal use, blind spot checking.

Insurance Company Fault Inflation: Adjusters systematically inflate your fault percentage hoping to reduce payouts. They ask leading questions: “You were late to tech campus meeting, rushing on I-280, weren’t you?” hoping you’ll agree accepting higher fault percentage. They claim “defensive driving standards”—unrealistic after-the-fact expectations. They hire biased “experts” concluding you were primarily at fault. They mischaracterize California pure comparative negligence suggesting minor fault eliminates significant recovery (false—even 90% fault recovers 10%). They pressure quick settlements before attorney investigates, challenges fault determination.

How We Counter Fault Inflation: We use dashcam footage showing exactly what happened—yours, other drivers’, nearby vehicles’. Silicon Valley’s increasing dashcam adoption provides objective evidence. Surveillance cameras from Santana Row retailers, downtown San Jose businesses, tech campus security, VTA systems. CHP traffic cameras at major I-280/US 101/I-680 interchanges. Witness statements from uninvolved third parties—passengers in other vehicles, pedestrians, tech workers seeing accident from campus. Accident reconstruction using independent experts analyzing vehicle damage patterns, skid marks, debris fields, impact dynamics determining speeds, braking efforts, points of impact. California Vehicle Code violation proof—speeding § 22350, red light § 21453, DUI § 23152, unsafe lane change § 21658, following too closely § 21703, failure to yield § 21950.

Why Fault Percentage Matters Under California Law: Even with pure comparative negligence allowing recovery at any fault level, percentage dramatically affects compensation. Difference between 20% fault and 60% fault on $300,000 case equals $120,000—$240,000 recovery versus $120,000. On catastrophic $1 million case, reducing fault from 50% to 20% means $300,000 more ($500K versus $800K). Never accept insurance company fault percentages without experienced San Jose attorney investigating independently, retaining experts, challenging conclusions with California law analysis. Insurance companies count on unrepresented victims accepting fault assessments without question, inflating percentages substantially reducing payouts exploiting pure comparative system.