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)
Car Accident Laws and Regulations in California
Statute of Limitations for Personal Injury Claims: Two years from the date of the accident to file a personal injury lawsuit. Missing this deadline typically bars recovery of compensation.
Statute of Limitations for Property Damage Claims: Three years from the date of the accident to file a property damage claim.
Claims Against Government Entities: Must file a notice of claim within six months if the accident involves a government vehicle or entity.
Fault System: California is an at-fault state. The driver responsible for causing the accident is liable for resulting damages. Injured parties can seek compensation through the at-fault driver’s insurance company or file a personal injury lawsuit.
Comparative Negligence Rules: California follows a pure comparative negligence system under Civil Code Section 1714. Injured parties can recover compensation even if they share fault for the accident. Recovery is reduced by the percentage of fault attributed to the injured party. There is no threshold that bars recovery.
Minimum Auto Insurance Requirements (Effective January 1, 2025):
- Bodily Injury Liability: $30,000 per person / $60,000 per accident
- Property Damage Liability: $25,000
- Uninsured/Underinsured Motorist Coverage: Now mandatory (can be waived in writing)
Personal Injury Protection (PIP): California does not require PIP coverage. It is an at-fault state, not a no-fault state.
Damage Caps: California does not impose caps on compensatory damages in most car accident cases. Proposition 213 prohibits uninsured drivers from recovering non-economic damages.
Accident Reporting Requirements: File SR-1 report with DMV within 10 days if injury, death, or property damage exceeds $1,000.
Frequently Asked Questions
Q: What should I do immediately after a car accident in San Jose?
A: California law requires specific steps after an accident. Stop your vehicle, check for injuries, and call 911 if anyone is hurt. Exchange information with other drivers including names, addresses, insurance details, and license plate numbers. Document the scene with photographs of vehicle damage, road conditions, and injuries. Collect witness contact information. Do not admit fault at the scene. Seek medical attention even for minor injuries. File an SR-1 report with the DMV within 10 days if there were injuries, deaths, or damage exceeding $1,000. Contact your insurance company promptly and consider consulting a personal injury attorney before providing recorded statements.
Q: How does California’s pure comparative negligence affect my San Jose car accident claim?
A: Under California’s pure comparative negligence system, you can recover damages even if you were partially at fault for the accident. Your compensation is reduced by your percentage of responsibility. For example, if you suffered $100,000 in damages but were 40% at fault, you could recover $60,000. Unlike modified comparative negligence states, California has no bar to recovery regardless of your fault percentage. Even if you were 90% responsible, you could still recover 10% of your damages from other at-fault parties.
Q: What types of damages can I recover in a San Jose car accident case?
A: California allows recovery of both economic and non-economic damages. Economic damages include medical expenses, lost wages, loss of earning capacity, property damage, and out-of-pocket costs. Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. California does not cap non-economic damages in personal injury cases, though uninsured drivers cannot recover non-economic damages under Proposition 213.
Q: How long do I have to file a car accident lawsuit in San Jose?
A: California has a two-year statute of limitations for personal injury claims from the accident date. Property damage claims have three years. Claims against government entities require a notice of claim within six months. Missing these deadlines typically bars your claim permanently.
Q: Should I accept the insurance company’s settlement offer after my San Jose accident?
A: Insurance companies often make initial settlement offers that are lower than the full value of your claim. You are not obligated to accept any offer. Before accepting, understand the full extent of your injuries and damages. Some injuries manifest over time, and early settlements may not account for future medical needs. A personal injury attorney can evaluate whether an offer is fair and negotiate for better compensation. Once you accept a settlement, you waive your right to pursue additional compensation.