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San Jose Personal Injury Lawyers

San Jose recorded a record-high 60 traffic fatalities in 2022, then 49 in 2023, with a 16% decline in 2025 that brought the annual total to its lowest level in more than a decade, according to data tracked through the City of San José Vision Zero program. Pedestrians and cyclists continue to bear a disproportionate share of the harm. From 2019 to 2023, only 11% of total crashes involved people walking or biking, but those crashes accounted for 59% of all traffic deaths. Pedestrians alone made up nearly half (47%) of fatalities.

San Jose is the third-largest city in California, the 12th-largest in the United States, and the largest city in the San Francisco Bay Area, with a population of about 970,000 and a Santa Clara County population of roughly 1.9 million. The city is the cultural, governmental, and commercial heart of Silicon Valley. Adobe, Cisco, eBay, PayPal, and Zoom are all headquartered in San Jose. Apple in Cupertino, Google in Mountain View, Meta in Menlo Park, Nvidia in Santa Clara, and Tesla in Palo Alto and Fremont all have a major footprint in the South Bay. The local economy is dominated by technology, biotech and life sciences, finance, and the regional construction and warehouse sectors that support them. The transportation network includes the U.S. 101 / I-280 / I-680 / I-880 freeway grid, San José Mineta International Airport (SJC), the Valley Transportation Authority (VTA) light rail and bus system, and Caltrain commuter rail running north up the Peninsula to San Francisco.

That mix produces a distinctive injury caseload. Wrecks at the U.S. 101 / I-680 / I-280 interchange complex through downtown. Crashes on I-880 (the Nimitz Freeway) running east of downtown and connecting San Jose to Oakland. Pedestrian and cyclist fatalities concentrated on the surface arterials of East San Jose, including Tully Road, McKee Road, Capitol Expressway, Story Road, Alum Rock Avenue, King Road, and Senter Road. Falls on aging sidewalks and curb ramps in the older neighborhoods. Workplace injuries at the South Bay’s tech campus construction sites, the Mineta Airport facilities, the warehouses across North San Jose and Milpitas, and the data centers and chip fabrication plants of Silicon Valley. Plus the steady volume of crashes on the major arterials and the El Camino Real corridor, which Bay Area News Group identified in 2025 as the deadliest local road in the Bay Area, with 129 fatalities between 2002 and 2022 across Santa Clara and San Mateo Counties.

You shouldn’t have to take an insurance company’s first offer just because medical bills are piling up. You deserve an attorney who knows San Jose, knows the Santa Clara County Superior Court, and isn’t afraid to push back when an insurer won’t pay what your case is worth.

At DJC Law, our San Jose personal injury lawyers help accident victims and their families recover after serious injuries. If you were hurt in a wreck on U.S. 101, I-280, I-680, or I-880, hit by a commercial truck moving freight along the South Bay corridor, struck while walking in East San Jose or near the SAP Center, injured at work on a Silicon Valley construction site, or harmed in any other accident caused by someone else’s negligence, we can help.

We work on contingency. You pay nothing unless we win. Call us today for a free, no-obligation consultation. Hablamos español.

What Is Personal Injury Law?

Personal injury law lets people who’ve been hurt by someone else’s negligence, recklessness, or intentional misconduct seek financial compensation for their losses. These are civil claims, separate from any criminal charges. They hold the responsible party accountable and help injured victims recover the money they need for medical bills, lost wages, pain and suffering, and other damages.

Most personal injury cases come down to negligence. To win a negligence claim, you have to prove four things: that the defendant owed you a duty of care, that they breached that duty, that the breach caused your injuries, and that you suffered actual damages.

That sounds simple enough on paper. In practice, insurance companies spend a lot of time and money working to deny, delay, and minimize claims. In San Jose, you may also be dealing with a national trucking carrier moving freight along U.S. 101 or I-880, the City of San Jose, the County of Santa Clara, the Valley Transportation Authority (VTA), Caltrain, the Norman Y. Mineta San José International Airport, Caltrans, the State of California, a major Silicon Valley tech company, an autonomous vehicle operator testing on California public roads, a major hospital system, or a commercial property owner. Each comes with its own defense team. An experienced personal injury attorney can level the conversation and improve your chances of a fair recovery.

Why Choose DJC Law

Not every personal injury firm is the same. Here’s what sets DJC Law apart.

You Pay Nothing Unless We Win

We take personal injury cases on contingency. There are no upfront fees, and you owe us nothing unless we recover compensation for you. Our payment comes out of your settlement or verdict, so we only get paid when you do.

Personal Attention From Your Attorney

You won’t get handed off to a paralegal or left wondering what’s going on with your case. Our attorneys stay involved at every stage. We return calls. When you have a question, you’ll get an answer from the lawyer actually handling your case.

Bilingual Representation

San Jose is one of the most diverse cities in the United States. The city is roughly 38% Asian (the largest Asian share of any major U.S. city), 31% Hispanic or Latino, 35% White, and 3% Black. The Asian community includes the largest Vietnamese-American population of any city in the United States, plus large Chinese, Filipino, Indian, Japanese, Korean, and other communities. The Hispanic community is concentrated in East San Jose, Alum Rock, and the older central neighborhoods. The Santa Clara County Superior Court provides certified court interpreters in dozens of languages. Your attorney shouldn’t be a barrier to understanding your own case. Our team works in English and Spanish, so you can ask questions and make decisions in the language you’re most comfortable with.

Experience With Silicon Valley’s Distinctive Defendants

San Jose produces a kind of case mix you don’t see in other California cities. A wreck involving a tech employee shuttle bus on the U.S. 101 corridor. A pedestrian struck on Tully Road or Story Road in East San Jose. A construction injury on a tech-campus jobsite in North San Jose, Sunnyvale, or Mountain View. A slip-and-fall in a downtown high-rise office tower or a hotel near the SAP Center. A wreck involving an autonomous vehicle being tested on public roads under a California Department of Motor Vehicles permit. A workplace injury at one of the South Bay’s data centers or chip-fabrication plants. A fall on a cracked San Jose sidewalk in Willow Glen, the Rose Garden, or Naglee Park. Each of those cases comes with corporate, governmental, or technology-company defendants, layered insurance policies, and experienced defense teams. We’re comfortable building cases involving multiple potentially responsible parties (driver, employer, premises owner, contractor, vehicle manufacturer, software developer, governmental entity) rather than settling for the first or easiest target.

Trial-Ready Representation

Insurance companies and corporate defendants pay attention to which firms actually take cases to court. When they know we’re prepared to try a case, they’re a lot more willing to settle for a fair number. If they aren’t willing, we’re ready to put your case in front of a Santa Clara County jury.

Local Knowledge, Local Commitment

We know the Santa Clara County Superior Court, with civil cases handled at the downtown courthouse complex on North 1st Street. We know the federal courts in the U.S. District Court for the Northern District of California, San Jose Division, at the Robert F. Peckham Federal Building on South 1st Street. We know the dangerous corridors. From the U.S. 101 / I-280 / I-680 interchange complex through downtown, to El Camino Real running through Sunnyvale and Santa Clara, to the surface arterials of East San Jose, to the rural state highways like SR-17 over the Santa Cruz Mountains, we work cases here regularly.

Personal Injury in San Jose: By the Numbers

San Jose has a population of about 970,000 and Santa Clara County has more than 1.9 million. According to the San Jose Police Department, the City of San José Vision Zero program, and other public sources:

    • San Jose was the fourth city in the United States to adopt a Vision Zero initiative, in 2015. The City Council adopted the 2025 Vision Zero Action Plan in February 2025, building on five years of safety planning. Traffic deaths peaked at 60 in 2022, then dropped to 49 in 2023 and have continued to decline. The 16% decline in 2025 brought the annual total to its lowest level in more than a decade.
    • From 2019 to 2023, only 11% of total crashes involved people walking or biking, yet those crashes accounted for 59% of all traffic deaths. Pedestrians alone made up nearly half (47%) of fatalities, with a significant portion of those deaths occurring after sunset. Since 2019, on average one person has died every week in San Jose because of traffic violence.
    • El Camino Real was identified by the Bay Area News Group in 2025 as the deadliest local road in the Bay Area, with 129 fatalities between 2002 and 2022 across Santa Clara County (58 fatalities) and San Mateo County (71 fatalities).
    • The San Jose Police Department is led by Chief of Police Paul Joseph, named the city’s permanent police chief in October 2024 after serving as interim chief from March 2024. SJPD headquarters is at 201 West Mission Street, with the non-emergency line at 408-277-8900 and emergency dispatch at 911 or 408-277-8911. The department remains understaffed relative to historical authorized strength.
    • The Santa Clara County Sheriff’s Office, founded in 1850 (the same year California became a state), is led by Sheriff Robert “Bob” Jonsen, the 29th Sheriff of Santa Clara County, who took office in January 2023. The Sheriff’s Office is headquartered at 55 West Younger Avenue and provides law enforcement services to the unincorporated areas of the county and to four contract jurisdictions: Cupertino, Saratoga, the Town of Los Altos Hills, and the Valley Transportation Authority (VTA). The Sheriff’s Office also operates the Main Jail in downtown San Jose and the Elmwood Correctional Facility in Milpitas.
    • The Valley Transportation Authority (VTA) operates the local bus and light rail system, with Green, Blue, and Orange light rail lines running through downtown San Jose, Mountain View, and Milpitas, plus an extensive bus network. VTA is also the local sponsor of the BART Silicon Valley Extension, which has brought BART service to Berryessa/North San José and is being extended to Diridon Station in downtown San Jose.
    • The Superior Court of California, County of Santa Clara is the trial court of general jurisdiction for the county. The downtown San Jose courthouse complex includes the Hall of Justice and the historic Santa Clara County Courthouse on North 1st Street, which together house the criminal and civil trial calendars. The court also operates regional facilities in Palo Alto, Morgan Hill, and elsewhere across the county.
    • The federal court for San Jose is the U.S. District Court for the Northern District of California. The San Jose Division operates out of the Robert F. Peckham Federal Building and U.S. Courthouse, 280 South 1st Street, San Jose, CA 95113. The Northern District has jurisdiction over San Francisco, Oakland, San Jose, and the surrounding counties.
    • Santa Clara Valley Medical Center (SCVMC) at 751 South Bascom Avenue is the only Level I Trauma Center in Santa Clara County and the regional Burn Center, one of only three combined Level I Trauma and Burn Centers between Los Angeles and the Oregon border. SCVMC is a 435-bed academic medical center founded in 1876, affiliated with Stanford University School of Medicine, and serves as the regional referral center for major trauma cases across a service area of about 1.8 million people. The hospital handles about 45% of the County’s emergency response volume, with an ambulance arriving roughly every 15 minutes and about 750 emergency department visits per day.
    • The trauma system in Santa Clara County saw a major disruption in 2024, when Regional Medical Center of San Jose closed its Level II Trauma Center, which had served roughly a quarter of all trauma cases in the county. From January 2024 to January 2025, trauma volumes at SCVMC jumped 87% as a result of the closure. The County of Santa Clara took over operations of Regional Medical Center on April 1, 2025, and reopened the Level II Trauma Center the same day.
    • The other Level I Trauma Centers serving Santa Clara County are at Stanford Health Care in Palo Alto, an adult Level I trauma center verified by the American College of Surgeons that has held that designation since 1998, and Lucile Packard Children’s Hospital Stanford, the only Level I Pediatric Trauma Center in the San Francisco Bay Area.

Dangerous Roads and Locations in San Jose

If your wreck happened on one of these corridors, you’re not alone. They show up in SJPD reports, California Highway Patrol records, and Santa Clara County Sheriff’s records year after year:

    • U.S. 101 (the Bayshore Freeway): The major north-south freeway running through downtown San Jose and up the Peninsula to San Francisco. U.S. 101 carries the heaviest commuter and commercial volume in the South Bay, with major interchanges at I-280 / U.S. 101 in downtown, I-880 / U.S. 101 in north San Jose, and SR-87 / U.S. 101 in central San Jose.
    • Interstate 280 (the Junipero Serra Freeway): The major north-south freeway running west of U.S. 101, connecting downtown San Jose to Cupertino, Los Altos Hills, Palo Alto, and on to San Francisco. I-280 carries heavy commuter traffic and intersects with SR-85, SR-17, and U.S. 101 at major interchanges that produce recurring crashes.
    • Interstate 680: The major north-south freeway running east of downtown, connecting San Jose to Milpitas, Fremont, and the East Bay. I-680 includes a steep grade through the Sunol Pass north of the county line, plus heavy commercial truck traffic between the South Bay and Tri-Valley logistics centers.
    • Interstate 880 (the Nimitz Freeway): The major north-south freeway running parallel to U.S. 101 east of San Francisco Bay, connecting San Jose to Milpitas, Fremont, Hayward, and on to Oakland. I-880 carries some of the heaviest commercial truck volume in Northern California and produces recurring multi-vehicle crashes.
    • State Route 87 (the Guadalupe Parkway): The downtown freeway running south from U.S. 101 through downtown San Jose to SR-85. SR-87 has tight curves and short on-ramps that produce recurring crashes during rush hours.
    • State Route 85 (the West Valley Freeway): The freeway running through Cupertino, Saratoga, and West San Jose, connecting U.S. 101 in Mountain View to U.S. 101 in South San Jose. SR-85 carries heavy commuter traffic between the West Valley and the rest of Silicon Valley.
    • State Route 17: The two-lane mountain route running south from San Jose through the Santa Cruz Mountains to Santa Cruz. SR-17 includes tight curves, steep grades, limited shoulders, and weekend recreational traffic to the coast, plus winter weather hazards. SR-17 has long been one of the deadlier state routes in the region.
    • State Route 237: The east-west freeway running across the north end of the South Bay, connecting Mountain View, Sunnyvale, Milpitas, and the I-680 / I-880 interchange. SR-237 carries heavy commuter traffic to the Peninsula tech employers.
    • El Camino Real: The historic surface arterial running from San Jose north through Sunnyvale, Santa Clara, Mountain View, and on up the Peninsula. Identified in 2025 as the deadliest local road in the Bay Area, with 129 fatalities between 2002 and 2022. Caltrans has begun infrastructure projects to add bike lanes and physical barriers along El Camino Real.
    • Tully Road, McKee Road, Capitol Expressway, Story Road, and Alum Rock Avenue: The major surface arterials running through East San Jose, with high concentrations of pedestrian fatalities. The City of San Jose has identified these corridors among its priority Vision Zero focus areas.
    • King Road, Senter Road, and Monterey Road: Three of the major north-south arterials running through East and South San Jose, with recurring high-speed crashes and pedestrian fatalities.
    • The downtown core, the SAP Center, and Diridon Station: The streets around the SAP Center (home of the San Jose Sharks), the historic downtown, the San Jose Convention Center, and the Diridon Station transit hub see heavy pedestrian, rideshare, and event-traffic volume on Sharks game nights, concert and convention dates, and during major redevelopment construction.
    • Norman Y. Mineta San José International Airport (SJC): The terminal access roads, parking structures, and rental car facilities see heavy commercial freight, taxi, and rideshare traffic 24 hours a day.

Types of Personal Injury Cases We Handle

Our San Jose personal injury attorneys take on a wide range of cases. If you’ve been hurt because of someone else’s negligence, we can help.

Car accidents are the single most common cause of serious injury in San Jose. Distracted driving, speeding, drunk driving, and fatigue cause thousands of crashes in Santa Clara County every year. The National Highway Traffic Safety Administration (NHTSA) identifies all four as leading contributors to fatal crashes nationwide. Texting while driving and handheld phone use while driving are illegal under California Vehicle Code §§ 23123 and 23123.5. [internal-link: car-accidents]

Truck accidents involving 18-wheelers, tanker trucks, and other commercial vehicles are a regular part of our practice. The U.S. 101 and I-880 corridors carry heavy commercial freight volume between the Bay Area, the Central Valley, and the Pacific Northwest. These cases are governed in part by federal regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA), including hours-of-service rules, drug and alcohol testing, hazmat handling rules, and maintenance standards. There are usually multiple parties who can be held liable, including the driver, the motor carrier, brokers, shippers, and maintenance providers. [internal-link: truck-accidents]

Motorcycle accidents tend to leave riders with severe injuries because they don’t have the protection of an enclosed vehicle. The Insurance Institute for Highway Safety has long reported that motorcyclists are killed at far higher rates than passenger-vehicle occupants per mile traveled. California permits lane splitting under specific circumstances, which adds another layer of fault analysis to motorcycle crash investigations. Insurance companies often try to use that risk against riders, and we push back hard. SR-17 over the Santa Cruz Mountains and the canyon roads east of the city are popular weekend motorcycle routes that see recurring serious crashes. [internal-link: motorcycle-accidents]

Pedestrian accidents have driven much of the City of San José’s Vision Zero focus. From 2019 to 2023, pedestrians accounted for nearly half (47%) of all traffic fatalities in the city. Drivers in California have a duty to yield to pedestrians at marked and unmarked crosswalks under California Vehicle Code § 21950, and we hold them responsible when they don’t. We also pursue claims tied to inadequate crosswalks, missing pedestrian signals, and other roadway design issues, including claims against the City of San Jose, Caltrans, the County of Santa Clara, or other governmental authorities where applicable. [internal-link: pedestrian-accidents]

Bicycle accidents are common across San Jose’s growing bike-lane network and on the recreational routes that bring weekend cyclists into the South Bay. Cyclists are particularly vulnerable on the multilane corridors of East San Jose and along El Camino Real, where motor vehicle speeds are high and protected bike infrastructure is still being built out. We represent injured cyclists, including dooring victims, and pursue full compensation under California law. [internal-link: bicycle-accidents]

VTA bus, light rail, Caltrain, and BART accidents, including crashes involving the Valley Transportation Authority’s Green/Blue/Orange light rail lines, VTA bus collisions, Caltrain commuter rail incidents, BART Silicon Valley extension service to Berryessa/North San José, school buses, charter buses, and tech-employer shuttle services, come with their own complications. VTA, Caltrain, and BART are all public entities, which means claims against them have to go through the California Government Claims Act process with a six-month claim filing deadline. Public transit drivers and rail operators are also held to a higher common-carrier duty of care under California law. [internal-link: bus-accidents]

Rideshare accidents involving Uber, Lyft, and other transportation network companies are particularly common in San Jose because of the heavy reliance on rideshare around San José Mineta International Airport, the SAP Center on Sharks game nights, downtown San Jose during conventions and tech events, the Levi’s Stadium / Santa Clara corridor for 49ers games, and the major employer campuses where late-night shuttle and rideshare alternatives are common. These cases can involve overlapping insurance coverage that depends on whether the driver was logged into the app, en route to a passenger, or actively transporting one. We help injured riders, drivers, and third parties figure out which policy applies and pursue full recovery. [internal-link: rideshare-accidents]

Premises liability cases come up when a dangerous condition on someone else’s property causes an injury. California premises liability law follows the framework set out in Rowland v. Christian (1968) 69 Cal.2d 108, which imposes a unified duty of reasonable care on owners and occupiers of property, weighed against a multi-factor balancing test. That includes slip and falls, hotel and restaurant injuries, swimming pool incidents, falls in VTA stations and Caltrain platforms, falls on stairs and escalators, and assault cases tied to inadequate security at apartment complexes, parking garages, and bars. The Bay Area’s seismic activity adds a layer to some premises cases, including injuries from inadequate seismic retrofitting after the 1989 Loma Prieta earthquake or after later updates to the California Building Code. [internal-link: premises-liability]

Construction and workplace accidents happen across Silicon Valley’s near-constant construction activity. The Diridon Station / Google Downtown West redevelopment, the BART Silicon Valley extension construction, the data center build-outs in north San Jose and Santa Clara, the chip-fabrication plant expansions, the Apple Park completion-phase work in Cupertino, and routine commercial and residential construction across the metro all generate workplace and motorist injuries. Many of these cases involve violations of Cal/OSHA workplace safety standards, scaffolding and ladder failures, falling object incidents, equipment manufacturer claims, and third-party contractor liability. The California Workers’ Compensation Act generally bars suits against an injured worker’s direct employer, but third parties (other contractors, equipment makers, premises owners) often remain liable. [internal-link: construction-accidents]

Dog bites can cause serious physical injuries and lasting emotional trauma. California follows a strict liability rule for dog bites under California Civil Code § 3342, meaning the owner is generally liable for an attack regardless of whether the dog had bitten anyone before. The Centers for Disease Control and Prevention estimates that 4.5 million people are bitten by dogs each year in the United States, with hundreds of thousands needing emergency care. [internal-link: dog-bites]

Product liability cases involve injuries caused by defective or dangerous products. California follows a strict-liability framework for defective products under Greenman v. Yuba Power Products (1963) 59 Cal.2d 57. That includes vehicle defects (which can sometimes be tracked through NHTSA’s recall database), defective consumer electronics and lithium-ion battery products, defective industrial equipment, and dangerous consumer goods regulated by the U.S. Consumer Product Safety Commission. Silicon Valley produces a significant share of the consumer technology that ends up in product liability cases nationwide, including phones, laptops, e-bikes, scooters, and electric vehicles. [internal-link: product-liability]

Wrongful death claims allow surviving family members to seek compensation when a loved one is killed because of another party’s negligence or misconduct. These claims are governed by California Code of Civil Procedure § 377.60 et seq., with a separate survivor cause of action under CCP § 377.30 et seq. covering damages the decedent could have recovered if they had survived. [internal-link: wrongful-death]

If your situation isn’t on this list, call us anyway. Personal injury law covers a lot of ground, and we’d rather hear about your case and tell you straight whether we can help.

Common Injuries in Personal Injury Cases

Accidents can cause anything from temporary pain to permanent disability. We represent clients who have suffered:

    • Spinal cord injuries and paralysis
    • Broken bones and fractures
    • Back, neck, and whiplash injuries
    • Herniated discs and soft tissue damage
    • Internal organ damage
    • Burns and scarring
    • Amputation and loss of limbs
    • Knee, shoulder, and joint injuries
    • Cuts, lacerations, and disfigurement
    • Post-traumatic stress disorder (PTSD) and other psychological injuries

Some injuries are obvious right away. Others, like concussions, internal bleeding, and soft tissue damage, can take days or even weeks to fully show up. That’s why getting medical attention as soon as possible after an accident matters. It protects your health, and it documents your injuries early. Santa Clara Valley Medical Center at 751 South Bascom Avenue is the only Level I Adult Trauma Center in Santa Clara County and also serves as the regional Burn Center, one of only three combined Level I Trauma and Burn Centers between Los Angeles and the Oregon border. Stanford Health Care in Palo Alto is the only Level I Adult Trauma Center between San Francisco and San Jose, and Lucile Packard Children’s Hospital Stanford is the only Level I Pediatric Trauma Center in the entire San Francisco Bay Area. Regional Medical Center of San Jose, now operated by the County of Santa Clara, reopened as a Level II Trauma Center on April 1, 2025. EMS protocols decide which trauma center you go to based on your injuries and location.

Compensation Available in a California Personal Injury Case

California law lets injured victims recover both economic and non-economic damages. Depending on the case, punitive damages may also be available.

Economic Damages

These are the financial losses you can document with bills, pay stubs, and receipts:

    • Medical expenses: Past and future treatment, hospital stays, surgeries, medication, rehab, and home care
    • Lost wages: Income you couldn’t earn while recovering
    • Loss of earning capacity: Reduced ability to earn in the future because of permanent impairments
    • Property damage: Repair or replacement of your vehicle and other damaged belongings
    • Out-of-pocket expenses: Transportation to medical appointments, home modifications, and other accident-related costs

Non-Economic Damages

These are losses that don’t come with a receipt but are just as real:

    • Pain and suffering: Physical pain caused by your injuries and their treatment
    • Emotional distress: Anxiety, depression, and psychological trauma stemming from the incident
    • Disfigurement: Permanent scarring or physical changes to your appearance
    • Loss of enjoyment of life: Inability to take part in activities and hobbies you used to enjoy
    • Loss of consortium: The impact your injuries have had on your relationship with your spouse
    • Inconvenience and physical impairment: Limitations on your physical abilities and daily activities

Punitive damages are available in California for cases involving oppression, fraud, or malice, proven by clear and convincing evidence under California Civil Code § 3294. Punitive damages are not available in most medical malpractice cases except in narrow circumstances. In cases where punitive damages are available, courts look closely at whether the conduct went well beyond ordinary negligence.

Medical malpractice damages caps. California’s Medical Injury Compensation Reform Act (MICRA) caps non-economic damages in medical malpractice cases. Following AB 35 (signed in 2022, effective January 1, 2023), the cap on non-economic damages was raised from the original $250,000 to $350,000 for non-death cases and $500,000 for wrongful death cases, with annual increases of $40,000 per year (non-death) and $50,000 per year (wrongful death) until reaching $750,000 (non-death) and $1,000,000 (wrongful death) by 2033. Economic damages are not capped.

How California Negligence Law Works

Understanding the basics of California negligence law helps you understand your case. Here are the key ideas.

Proving Negligence

To win a personal injury case, you have to prove four things:

Duty of care. The defendant had a legal obligation to act reasonably to avoid causing harm. Drivers have to operate their vehicles safely. Property owners have to keep their property in safe condition. Manufacturers have to produce safe products.

Breach of duty. The defendant didn’t live up to that duty. Running a red light, texting while driving (which is prohibited statewide under California Vehicle Code §§ 23123 and 23123.5), or ignoring a known hazard are all examples of a breach.

Causation. The breach actually caused your injuries. There has to be a clear connection between what the defendant did wrong and the harm you suffered.

Damages. You suffered real losses as a result. That can mean medical bills, lost income, pain and suffering, and other categories of harm.

California Pure Comparative Fault

California is a pure comparative fault state, established by the California Supreme Court in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. That means you can recover compensation even if you are partially at fault for the accident, no matter how much. Your recovery is reduced by your percentage of fault, but there is no threshold that bars recovery. If you are 30% at fault and your damages total $100,000, you’d recover $70,000. If you are 75% at fault and your damages total $100,000, you’d still recover $25,000.

Insurance companies still work hard to push fault onto victims, because every percentage point reduces what they have to pay. Our attorneys fight to keep your share of fault as low as the evidence supports.

The Personal Injury Claims Process

Every case is a little different, but most personal injury claims follow a similar path.

Investigation and evidence gathering. We dig into how the accident happened. That includes police reports (San Jose Police Department crash reports can be requested through the SJPD Records Division at 201 West Mission Street, by mail, or through the department’s online records request system), medical records, witness statements, photographs, and any other evidence that supports your claim. Crashes on the freeways are typically worked by the California Highway Patrol rather than SJPD, since CHP has primary jurisdiction on California freeways. Caltrans incident-management camera footage and traffic management center data have short retention windows. Wrecks downtown, around the SAP Center, at the Convention Center, around tech-employer campuses, or at major event venues may have private security camera coverage with their own short retention windows.

Medical treatment documentation. We work to make sure your injuries are fully documented by medical professionals. Solid documentation is what proves the value of your damages later.

Demand and negotiation. Once we know the full extent of your damages, we send a demand to the insurance company and negotiate for fair compensation.

Filing a lawsuit. If the insurer won’t make a fair offer, we file suit. Most personal injury cases involving San Jose residents are filed in the Superior Court of California, County of Santa Clara, with civil cases handled at the downtown courthouse complex on North 1st Street. Federal cases involving San Jose residents are filed in the San Jose Division of the U.S. District Court for the Northern District of California at the Robert F. Peckham Federal Building, 280 South 1st Street.

Discovery. Both sides exchange information, take depositions, and gather more evidence under the California Code of Civil Procedure (in state court) or the Federal Rules of Civil Procedure (in federal court).

Mediation, arbitration, or settlement. A lot of cases settle during litigation, often through mediation. Many Santa Clara County Superior Court personal injury cases go through court-connected mediation programs before any trial.

Trial. If the case doesn’t settle, we present it to a jury and ask for the verdict your case deserves.

Through all of this, we keep you in the loop. You’ll always know what’s happening and what your options are.

Dealing with Insurance Companies

After an accident, you’ll probably hear from an insurance adjuster who sounds friendly and concerned. Don’t read too much into the tone. The adjuster’s job is to keep their company from paying any more than it has to. The California Department of Insurance publishes consumer guides and complaint procedures if you ever feel an insurer is treating you unfairly.

Common insurance company tactics include:

    • Asking for a recorded statement they can later use against you
    • Requesting broad medical authorizations so they can dig for pre-existing conditions
    • Pushing a quick settlement before you know the full extent of your injuries
    • Disputing how serious your injuries are or claiming they aren’t related to the accident
    • Dragging things out, hoping you’ll accept less out of financial pressure
    • Trying to push more fault onto you to reduce your recovery under California’s pure comparative fault rule

Before you talk to any insurance company, talk to an attorney first. Once we’re involved, we handle communications with insurers for you. Trucking companies, rideshare carriers, transit agencies, hotel chains, autonomous vehicle operators, and other large defendants all have dedicated claims handlers and rapid-response teams that show up at the scene of major incidents to start collecting statements and lining up favorable witnesses. The same advice applies.

Statute of Limitations: How Long You Have to File

California sets strict deadlines for filing personal injury claims. Under California Code of Civil Procedure § 335.1, you generally have two years from the date of injury to file a personal injury lawsuit. The same two-year period generally applies to wrongful death claims under CCP § 335.1. Miss that deadline and you usually lose your right to recover, period.

Some situations have shorter or different deadlines, and several of them come up regularly in San Jose.

Claims against public entities, including the City of San Jose, the County of Santa Clara, the Valley Transportation Authority (VTA), Caltrain (operated by the Peninsula Corridor Joint Powers Board), the San Francisco Bay Area Rapid Transit District (BART), the Norman Y. Mineta San José International Airport, the San José Unified School District, the San Jose Evergreen Community College District, and most other local public bodies, are governed by the California Government Claims Act, Government Code § 810 et seq. The most important rule is Government Code § 911.2, which requires you to file a written claim with the public entity within six months of the injury, not two years. After the public entity rejects your claim (or has 45 days to act), you generally have six months from the rejection (or two years from the injury, whichever is later) to file suit. Miss the six-month claim filing deadline and your case is gone.

Claims against the State of California (including Caltrans, the California State Universities, the California Highway Patrol, and other state agencies) follow a similar Government Claims Act process through the California Department of General Services Government Claims Program.

Medical malpractice claims have a special statute of limitations under CCP § 340.5: three years from the date of injury or one year from when you discovered (or reasonably should have discovered) the injury, whichever is earlier. Plus, before filing suit, you have to give the defendant 90 days’ notice of intent to sue under CCP § 364. The South Bay’s heavy concentration of major medical providers (Santa Clara Valley Medical Center, Stanford Health Care, Kaiser Permanente, El Camino Health, Good Samaritan, O’Connor) means med-mal cases come up regularly.

Claims involving minors may have extended deadlines under California tolling rules, but the Government Claims Act six-month deadline still applies in most public-entity cases involving minors.

Don’t sit on your case waiting to see if your injuries get better. Even if you’re not ready to file a lawsuit, talking to a lawyer early makes sure you understand which deadline applies to your case.

Steps to Take After an Accident in San Jose

If you’ve been hurt in any kind of accident, the steps you take afterward can protect both your health and your legal rights.

    1. Get medical attention right away. Call 911 if anyone is seriously hurt. Major trauma cases in Santa Clara County are routed to Santa Clara Valley Medical Center at 751 South Bascom Avenue (the only Level I Adult Trauma Center in the county and the regional Burn Center) or, for north-county incidents, to Stanford Health Care in Palo Alto. Pediatric trauma cases go to Lucile Packard Children’s Hospital Stanford, the only Level I Pediatric Trauma Center in the San Francisco Bay Area. Regional Medical Center of San Jose, now operated by the County, reopened as a Level II Trauma Center on April 1, 2025. EMS protocols decide which trauma center you go to based on your injuries and location.
    2. Report the accident. If the crash happened inside San Jose city limits, call 911 to get an officer to the scene. The San Jose Police Department non-emergency line is 408-277-8900, with headquarters at 201 West Mission Street. Crashes on the freeways are typically worked by the California Highway Patrol, with the CHP San Jose area office serving the metro. Crashes in unincorporated Santa Clara County or in Cupertino, Saratoga, the Town of Los Altos Hills, or on Valley Transportation Authority property are handled by the Santa Clara County Sheriff’s Office under Sheriff Robert Jonsen. Crashes in Palo Alto, Mountain View, Sunnyvale, Santa Clara, Milpitas, Campbell, Los Gatos, Morgan Hill, or Gilroy are handled by those municipal police departments.
    3. Document everything. Take photos of the accident scene, your injuries, property damage, road conditions, and traffic signs. Note the time of day, the weather, and the direction you were traveling. Bay Area fog, especially in the early morning hours along the U.S. 101 and El Camino Real corridors, can become a key factor in liability.
    4. Get witness information. Collect names, phone numbers, and email addresses from anyone who saw what happened. Crashes downtown, around the SAP Center, at the Convention Center, near major tech-employer campuses, or at the airport often have witnesses from out of state, so get their contact information before they leave.
    5. Request your crash report. California Traffic Crash Reports (CHP 555 form) are typically available within 10 to 14 business days of the crash. SJPD crash reports can be obtained through the SJPD Records Division. CHP reports are available through the CHP records process. Reports filed by the Santa Clara County Sheriff’s Office can be requested through the Sheriff’s Records Unit.
    6. Keep records. Save all medical bills, prescription receipts, mileage logs to and from appointments, and pay stubs that show the work you missed.
    7. For trucking and commercial cases, act fast. These defendants typically have rapid-response teams that arrive at the scene within hours. Evidence like driver logs, ECM (engine control module) data, surveillance footage, and maintenance records can be lost or overwritten in days. A spoliation letter from your lawyer puts the company on notice to preserve that evidence. The U.S. 101 and I-880 corridors carry heavy commercial truck volume, which means truck cases here are common.
    8. For autonomous vehicle cases, preserve the vehicle data immediately. Crashes involving Waymo, Cruise, Zoox, Tesla on Autopilot or Full Self-Driving, Apple test vehicles, or any other autonomous or driver-assist vehicle generate sensor logs, video, and decision-tree records that the vehicle operator controls. Get a spoliation letter out fast and consider engaging an accident reconstructionist who has experience with autonomous vehicle data.
    9. For governmental cases, calendar the deadlines immediately. Claims against the City of San Jose, the County of Santa Clara, VTA, Caltrain, BART, the airport, the school districts, Caltrans, or any other public entity have six-month claim filing deadlines under the California Government Claims Act, far shorter than the standard two-year statute of limitations. Missing the six-month deadline can defeat an otherwise strong case before it ever starts.
    10. Don’t give a recorded statement. If the other driver’s insurance company asks for one, politely say no until you’ve spoken with an attorney.
    11. Don’t sign anything. Insurance companies sometimes hand over releases or settlements that look routine but quietly waive your rights. Have a lawyer look at it first.
    12. Call a personal injury attorney. The sooner you have legal representation, the better protected your case is, especially if a public entity, autonomous vehicle, or large corporate defendant may be involved.

How Our San Jose Personal Injury Lawyers Help

Trying to handle a personal injury claim while you’re still recovering from a serious injury is exhausting. Our team takes the legal work off your plate so you can focus on getting better.

We investigate the accident, gather the evidence we need to prove liability and damages, and handle every conversation with the insurance companies. When a case calls for it, we bring in medical experts, accident reconstructionists, biomechanical engineers, vocational economists, and life-care planners to help build it.

We also calculate the full value of your losses, including future expenses and the kinds of non-economic damages that are easy to undercount. Then we negotiate hard for fair compensation. We also prepare every case as if it’s going to trial, because the cases that look ready for trial almost always settle for more.

If the insurance company won’t pay what your case is worth, we go to court.

Frequently Asked Questions About San Jose Personal Injury Cases

How much does it cost to hire a personal injury lawyer in San Jose?

Nothing upfront. We work on contingency, which means we only get paid if we recover compensation for you. Our fee comes as a percentage of your settlement or verdict. If we don’t win, you don’t pay. The consultation is free.

How long do I have to file a personal injury lawsuit in California?

Generally two years from the date of injury under California Code of Civil Procedure § 335.1. But California has unusually short deadlines for governmental defendants. Claims against the City of San Jose, the County of Santa Clara, VTA, Caltrain, BART, the airport, San José Unified School District, Caltrans, and most other public bodies have six-month claim filing deadlines under the California Government Claims Act. Don’t assume your deadline based on the general rule. Have an attorney confirm it.

My wreck happened on U.S. 101, I-280, I-680, or I-880. Why does that matter?

The freeway system is owned and maintained by Caltrans (the California Department of Transportation), and the California Highway Patrol has primary law enforcement jurisdiction on freeways, not the San Jose Police Department or the Sheriff’s Office. That affects which agency’s crash report is the official document, where to obtain it, and which roadway-design and maintenance records may be relevant if Caltrans contributed to the cause of the wreck. Freeway cases also often involve heavier truck volumes, higher speeds, and more complex multi-vehicle reconstruction work than surface-street cases. Caltrans incident-management camera footage and traffic management center data have short retention windows. We move quickly to preserve those records.

My crash involved a Waymo, Cruise, Zoox, or Tesla on Autopilot. What’s different about that case?

A lot. The Bay Area is the testing ground for most of the major autonomous vehicle programs in the United States, and Silicon Valley produces the technology that powers most consumer driver-assist systems. Autonomous and partially-autonomous vehicle crashes generate detailed sensor logs, video, and decision-tree records that the vehicle operator controls. These cases can involve product liability claims against the vehicle manufacturer, software liability claims against the developer of the autonomy stack, negligence claims against any human safety driver, and traditional negligence claims against any other involved driver. The California Department of Motor Vehicles and the California Public Utilities Commission both regulate autonomous vehicle operations in the state. We move fast on these cases to preserve the vehicle data and identify all potentially responsible parties.

I tripped on a cracked sidewalk in San Jose. Can I sue the city?

Maybe. Sidewalk-injury cases against the City of San Jose come up in older neighborhoods like Willow Glen, the Rose Garden, Naglee Park, Japantown, and downtown. These cases are governed by the California Government Claims Act, which requires you to file a written claim with the city within six months of the fall. The case turns on whether the defect was “dangerous” within the meaning of Government Code § 835, whether the city had actual or constructive notice, and whether the city had reasonable time to fix it. Document the defect with photographs and measurements, and call us. The six-month claim filing deadline is unforgiving.

I was hit by a VTA bus, the VTA light rail, Caltrain, or BART. What’s different about that case?

A lot. The Valley Transportation Authority (VTA, which operates buses and the Green/Blue/Orange light rail lines), the Peninsula Corridor Joint Powers Board (which operates Caltrain), and the San Francisco Bay Area Rapid Transit District (BART) are all public entities. Claims against them have to go through the California Government Claims Act, which means you have to file a written claim within six months of the injury under Government Code § 911.2 before you can sue. Public transit drivers and rail operators are also held to a higher common-carrier duty of care under California law. We move fast on transit cases to make sure every claim filing and procedural deadline is met.

Does California have a dram shop law?

Mostly no. Under California Business and Professions Code § 25602, sellers and furnishers of alcohol are generally not liable for injuries caused by intoxicated patrons. The major exception is liability for serving an obviously intoxicated minor under Business and Professions Code § 25602.1, which still allows a civil claim against a licensee. Social hosts also cannot generally be held liable for injuries caused by intoxicated guests under Civil Code § 1714(c), again with a narrow minor exception. So while drunk-driving crashes leaving downtown San Jose, Santana Row, and the surrounding nightlife districts are common, the path to recovery generally runs through the drunk driver and that driver’s insurance, not the bar that served them, except in cases involving minors.

My crash happened in San Jose but the at-fault driver lives in Cupertino, Sunnyvale, Mountain View, Palo Alto, or somewhere else in the South Bay. Where do I file?

Generally either Santa Clara County (where the wreck happened) or the county where the at-fault driver lives is a proper venue under California’s general venue statute (CCP § 395). Most San Jose wrecks involve Santa Clara County venue, but if the at-fault driver lives in San Mateo, Alameda, Santa Cruz, San Benito, or Monterey Counties, those venues may also be available. We talk through venue strategy early in the case.

I was hit by an 18-wheeler on U.S. 101 or I-880. What’s different about a truck case?

A lot. Commercial trucks are governed by federal regulations from the Federal Motor Carrier Safety Administration that don’t apply to passenger vehicles, including hours-of-service rules, driver qualification files, drug and alcohol testing, and equipment inspection requirements. There are also typically multiple potentially responsible parties, including the driver, the trucking company, the freight broker, the shipper, and any maintenance contractor. Liability and insurance coverage in a truck case are usually much larger than in a typical car wreck, and the trucking company will have a defense team on the scene fast. We move just as fast to preserve evidence like ECM downloads, driver logs, dispatch records, and dashcam footage. The U.S. 101 corridor between San Jose and the Pacific Northwest, plus the I-880 freight spine through the East Bay, are heavy commercial truck routes.

I was hit by an Uber or Lyft driver in San Jose. Whose insurance covers me?

It depends on what the driver was doing at the time of the wreck. If the rideshare app was off, the driver’s personal auto policy applies (and rideshare drivers often have policies that exclude coverage when driving for hire, which can leave a gap). If the app was on but the driver hadn’t accepted a ride, Uber and Lyft typically provide limited contingent coverage. If the driver had accepted a ride or had a passenger in the car, the rideshare company’s $1 million liability policy usually applies. San Jose’s heavy reliance on rideshare around San José Mineta International Airport, the SAP Center on Sharks game nights, the Convention Center during tech events, and the major employer campuses means these layered-coverage questions come up constantly. We work through them and identify all available coverage.

Is California a no-fault state for car accidents?

No. California is an at-fault (or “tort”) state. The driver who caused the wreck, and that driver’s insurance company, is responsible for the damages. That’s different from no-fault states, where each driver typically files with their own insurer regardless of who caused the wreck. In California, fault investigation and the police or CHP crash report often shape the outcome of your case.

What is the minimum auto insurance required in California?

California raised its minimum auto insurance requirements on January 1, 2025, under Senate Bill 1107 (the Protect California Drivers Act). The new minimums are 30/60/15, meaning $30,000 per injured person, $60,000 per accident, and $15,000 for property damage. The previous limits, set in 1967, were 15/30/5. The new minimums also apply to uninsured motorist coverage. The 30/60/15 limits will increase again in 2035 to 50/100/25. Even at the new higher minimums, the limits often aren’t enough to cover serious injuries from a freeway wreck, which is why purchasing higher UM/UIM coverage matters so much.

How long will my case take?

It depends. Some cases settle within months. Others take a year or more, especially if litigation is needed. Cases with disputed liability, severe injuries, governmental defendants, autonomous vehicle technology, or commercial parties generally take longer. Santa Clara County Superior Court has a heavy civil docket. We work to resolve your case as quickly as we reasonably can without rushing it past a fair result.

What if I was partially at fault for my accident?

You can still recover compensation. California is a pure comparative fault state under Li v. Yellow Cab Co. (1975), which means you can recover even if you are mostly at fault. Your recovery is reduced by your percentage of fault, but there is no threshold that bars recovery. If you are 30% at fault and your damages are $100,000, you’d recover $70,000. If you are 75% at fault and your damages are $100,000, you’d still recover $25,000.

Should I accept the insurance company’s settlement offer?

Not without talking to an attorney first. Initial offers are almost always far below what your case is worth. Once you sign a release, you can’t reopen the claim, even if your injuries turn out to be more serious than you thought. Have a lawyer review any offer before you sign anything.

How much is my case worth?

Every case is different. Value depends on the severity of your injuries, your past and future medical expenses, lost income, pain and suffering, the strength of the evidence, and the available insurance coverage. We can give you a more accurate range after we review the specifics of your case in a free consultation.

Are personal injury settlements taxable in California?

According to IRS Publication 4345, the part of a personal injury settlement that compensates you for physical injuries or physical sickness is generally not taxable. Portions allocated to lost wages, interest, or punitive damages can be taxable. California state income tax follows the federal rule for most categories of injury settlement proceeds, but you should always confirm tax treatment with a CPA.

What if the other driver doesn’t have insurance?

You may still have options. Your own uninsured/underinsured motorist (UM/UIM) coverage may apply. As of January 1, 2025, California’s minimum UM coverage matches the new 30/60 liability minimums. Other parties, like an employer if the at-fault driver was on the job, may also share liability. We look at every angle for compensation.

Where do I get my San Jose accident report?

You can request your San Jose Police Department crash report through the SJPD Records Division at headquarters, 201 West Mission Street, San Jose, CA 95110, or through the SJPD’s online records request system. CHP crash reports for incidents on the freeway system are available through the CHP records process. Reports filed by the Santa Clara County Sheriff’s Office can be requested through the Sheriff’s Records Unit. If we represent you, we’ll handle getting the report as part of our investigation.

Helpful San Jose and California Resources

If you’ve been hurt in an accident in San Jose, these public resources may be useful:

    • San Jose Police Department. Emergencies 911 or 408-277-8911. Non-emergency 408-277-8900. Headquarters: 201 West Mission Street, San Jose, CA 95110. Chief Paul Joseph (named permanent chief October 2024).
    • Santa Clara County Sheriff’s Office. Sheriff Robert “Bob” Jonsen (29th Sheriff, sworn in January 2023). Headquarters: 55 West Younger Avenue, San Jose, CA 95110. Provides law enforcement services to unincorporated Santa Clara County, plus contract jurisdictions Cupertino, Saratoga, Town of Los Altos Hills, and the Valley Transportation Authority.
    • California Highway Patrol. Primary law enforcement jurisdiction on California freeways, with the CHP San Jose area office serving the metro.
    • Santa Clara Valley Medical Center. The only Level I Adult Trauma Center in Santa Clara County and the regional Burn Center. 751 South Bascom Avenue, San Jose. Plus Stanford Health Care (Palo Alto, Adult Level I) and Lucile Packard Children’s Hospital Stanford (Palo Alto, Pediatric Level I, the only one in the SF Bay Area).

Contact Our San Jose Personal Injury Attorneys Today

If you’ve been hurt because of someone else’s negligence, you don’t have to take on the insurance companies on your own. The San Jose personal injury lawyers at DJC Law have the experience and the resources to go to bat for you.

Reach out for a free consultation. We’ll listen to your story, walk you through your options, and help you figure out what to do next. There’s no obligation, and you don’t pay us anything unless we win. Hablamos español.

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