Car accident
Car Accident Attorneys in San Jose, California
The firms in this guide
- Matt Habbas - Habbas & Associates Call Matt Habbas - Habbas & Associates: (888) 387-4053
- Richard Schoenberger - Walkup, Melodia, Kelly & Schoenberger Call Richard Schoenberger - Walkup, Melodia, Kelly & Schoenberger: (415) 981-7210
- Andy Gillin - GJEL Accident Attorneys Call Andy Gillin - GJEL Accident Attorneys: (408) 955-9000
- Daniel Kim - DK Law Group Call Daniel Kim - DK Law Group: (408) 716-1668
- Steven Barnes - The Barnes Firm Call Steven Barnes - The Barnes Firm: (800) 800-0000
1. Matt Habbas – Habbas & Associates
Practice Focus: Car accidents, truck accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, brain injuries, spinal cord injuries, wrongful death, premises liability, product liability
Case Types Handled: Rear-end collisions, head-on collisions, T-bone accidents, multi-vehicle pileups, commercial truck accidents, drunk driving accidents, distracted driving accidents, hit-and-run accidents, rideshare accidents
Legal Services: Insurance claim negotiation, litigation, trial representation, settlement negotiations, demand letter preparation, medical lien resolution, property damage claims, lost wage recovery, pain and suffering claims, wrongful death claims
Background: Licensed in California. Over 175 collective years of experience at the firm. Over $300 million recovered for clients. Free consultations available. Contingency fee arrangement. Serves San Jose and surrounding Bay Area communities.
Location: San Jose, California
Contact: (888) 387-4053 | https://www.habbaslaw.com
Bar Number: Active (California State Bar)
Consultation: Free consultation, contingency fee arrangement (no fee unless recovery)
2. Richard Schoenberger – Walkup, Melodia, Kelly & Schoenberger
Practice Focus: Car accidents, truck accidents, catastrophic injuries, brain injuries, burn injuries, wrongful death, product liability, medical malpractice, workplace injuries, premises liability
Case Types Handled: Multi-vehicle accidents, commercial vehicle accidents, propane explosions, industrial accidents, defective product injuries, medical negligence cases, catastrophic injury cases, wrongful death cases
Legal Services: Insurance claim negotiation, litigation, trial representation, settlement negotiations, demand letter preparation, medical lien resolution, property damage claims, lost wage recovery, pain and suffering claims, wrongful death claims, product liability litigation
Background: Licensed in California. Decades of experience handling complex personal injury cases in San Jose and throughout Northern California. More multi-million dollar outcomes secured than any other personal injury law firm in Northern California. 98% success rate for clients. Notable results include $52 million verdict in propane explosion wrongful death case, $17 million jury verdict in product liability brain injury case, and $8 million settlement in clergy abuse case. Proven trial tactics and negotiation strategies.
Location: San Francisco, California (serves San Jose and Bay Area)
Contact: (415) 981-7210 | https://www.walkuplawoffice.com
Bar Number: Active (California State Bar)
Consultation: Free case evaluation, contingency fee arrangement (no fee unless recovery)
3. Andy Gillin – GJEL Accident Attorneys
Practice Focus: Car accidents, truck accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, wrongful death, catastrophic injuries, amputation injuries, e-scooter accidents, workplace injuries
Case Types Handled: Multi-car collisions, highway accidents, intersection accidents, rear-end collisions, T-bone accidents, head-on collisions, commercial vehicle accidents, fatal accidents, permanent disability cases
Legal Services: Insurance claim negotiation, litigation, trial representation, settlement negotiations, demand letter preparation, medical lien resolution, property damage claims, lost wage recovery, pain and suffering claims, wrongful death claims, lifetime care compensation
Background: Licensed in California. Over 40 years of experience. Over $950 million recovered for Bay Area clients. 99% success rate. Award-winning legal team recognized by peers and clients. Deep understanding of San Jose and California law. No win, no fee policy.
Location: 1625 The Alameda #511, San Jose, CA 95126
Contact: (408) 955-9000 | https://www.gjel.com
Bar Number: Active (California State Bar)
Consultation: Free consultation, contingency fee arrangement (no fee unless recovery)
4. Daniel Kim – DK Law Group
Practice Focus: Car accidents, truck accidents, motorcycle accidents, Uber and Lyft accidents, bicycle accidents, pedestrian accidents, catastrophic injuries, brain injuries, wrongful death, dog bites
Case Types Handled: Rear-end collisions, head-on collisions, T-bone accidents, multi-vehicle accidents, rideshare accidents, commercial vehicle accidents, hit-and-run accidents, fatal accidents
Legal Services: Insurance claim negotiation, litigation, trial representation, settlement negotiations, demand letter preparation, medical lien resolution, property damage claims, lost wage recovery, pain and suffering claims, wrongful death claims
Background: Licensed in California. Serves San Jose and Silicon Valley. Thousands of clients helped. Multilingual services available (English, Korean, Spanish). Known for client-focused service including transportation assistance, medical provider referrals, and direct communication. Contingency fee arrangement.
Location: San Jose, California
Contact: (408) 716-1668 | https://dklaw.com
Bar Number: Active (California State Bar)
Consultation: Free consultation, contingency fee arrangement (no fee unless recovery)
5. Steven Barnes – The Barnes Firm
Practice Focus: Car accidents, truck accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, brain injuries, spinal cord injuries, wrongful death, premises liability, rideshare accidents
Case Types Handled: Rear-end collisions, T-bone collisions, head-on collisions, hit-and-run accidents, sideswipe accidents, highway accidents, intersection accidents, multi-vehicle pileups, catastrophic injury cases
Legal Services: Insurance claim negotiation, litigation, trial representation, settlement negotiations, demand letter preparation, medical lien resolution, property damage claims, lost wage recovery, pain and suffering claims, wrongful death claims, loss of consortium claims
Background: Licensed in California. Over 40 attorneys across the United States with over 500 years of combined experience. Over $2.5 billion in supervised settlements. Recognized for excellence by numerous organizations. Handles cases throughout San Jose including accidents on Santa Clara Street, Highway 87, Interstate 280, and Interstate 880.
Location: San Jose, California
Contact: (800) 800-0000 | https://www.thebarnesfirm.com
Bar Number: Active (California State Bar)
Consultation: Free consultation, contingency fee arrangement (no fee unless recovery)
California Insurance, Phone and Fault Rules in San Jose Car Accident Claims
In California, whether the injured driver was insured or sober can decide whether pain and suffering is recoverable at all. That rule, the handheld phone statute, the fault rule and the public entity deadline are covered below for San Jose crashes.
When Pain and Suffering Is Not Recoverable
Civil Code § 3333.4(a) bars recovery of noneconomic losses in an action arising from the operation or use of a motor vehicle if the injured person was driving in violation of the DUI statutes and was convicted, was the owner of a vehicle in the crash that was not insured as the financial responsibility laws require, or was the operator and cannot establish financial responsibility. Subdivision (b) bars insurers from indemnifying those losses, and subdivision (c) preserves the claim of an uninsured owner injured by a motorist convicted of DUI for that crash.
Handheld Phones
Vehicle Code § 23123.5 bars driving while holding and operating a handheld phone or wireless device unless it is specifically designed and configured for voice-operated, hands-free operation and used that way. Manufacturer-installed embedded systems are excepted, and a mounted device may be operated with a single swipe or tap.
Comparative Fault
Li v. Yellow Cab Co. (1975) adopted pure comparative negligence in California. For example, imagine $100,000 in damages and 40 percent of the fault on the injured driver: the recovery would be $60,000.
Public Entity Claims
Government Code § 911.2 requires a claim for death or injury against a public entity to be presented within six months after accrual. Under § 945.6, suit must be filed within six months after a written rejection notice, or within two years from accrual if no notice is given.
San Jose Car Accident Questions
How long do I have to sue a private driver?
Code of Civil Procedure § 335.1 sets two years for an action for injury to, or the death of, an individual caused by another’s wrongful act or neglect.
Can a driver break the speed law while under the posted limit?
Yes. Vehicle Code § 22350 measures speed against conditions rather than a posted number: it bars driving at a speed greater than is reasonable or prudent having due regard for weather, visibility, traffic and the surface and width of the highway, and in no event at a speed that endangers persons or property.
Who may sue for a death caused by a crash?
Code of Civil Procedure § 377.60 lets the surviving spouse, domestic partner, children and issue of deceased children assert the claim, or intestate heirs when there are no surviving issue, along with listed dependents; the personal representative may assert it for them.