Automobile Accidents

The San Jose law firm of Bostwick & Janoff represents people who have been seriously injured or killed in automobile accidents in the Silicon Valley area.  According to the National Highway Traffic Safety Administration, there were over 3,000 traffic fatalities in California in 2008, and the number of crashes involving injuries or property damage is even higher. 

Negligence Overview

Generally speaking, every person owes a duty to operate vehicles with ordinary and reasonable care.  When a person breaches that duty and causes property damages or an injury, the injured party may recover compensation for the other's negligence.  Compensation includes property damage and medical expenses, and may include non-economic damages such as pain and suffering, emotional distress, mental anguish, and in some instances, punitive damages.  Attorney fees and costs of litigation, such as court filing fees and expert witness expenses, are also sometimes recoverable.

In some states, defendants can claim that the plaintiff's own actions or negligence contributed to the accident.  In California, a percentage is assigned to the amount each party contributed to the plaintiff's injuries, and any recovery made by the plaintiff is reduced proportionately.  Even if the plaintiff was 90% liable for the injuries sustained, he or she may still recover from the defendant for the 10% of the defendant's responsibility.

Another limitation to recovery is the statute of limitations.  In general, a lawsuit must be initiated within two years of the date of the injury.  However, in some cases, an injury is not immediately noticeable.  In that case, the statute does not begin to run until the time when the injury is discovered or should have been noticed.  Medical malpractice is an area where the negligence is not always immediately apparent, and special rules have been adopted to address the statute of limitations in that context.

Liability Insurance

California law requires all drivers to carry liability insurance or proof of financial responsibility.  At a minimum, liability insurance must pay at least $15,000 for injury or death to one person, $30,000 for injury or death to more than one person, and $5,000 for property damage.  Obviously, in a serious accident, these minimums will not adequately compensate the victim.

Even though liability insurance is required, many motorists continue to drive without insurance.  In fact, it is estimated that over 20% of California drivers do not carry liability insurance, with the rate in San Francisco being even higher.  If you have uninsured motorist or underinsured motorist coverage, your insurance company will pay for your damages within policy limits. 

Whether you are seeking a claim against your own insurance company or that of the other driver, the insurance company is driven to undervalue your claim.  Even if you are not contemplating a lawsuit, an experienced personal injury lawyer can level the playing field with the insurance company.  An attorney can evaluate your claim, advise you as to its worth, and negotiate with the insurance company on your behalf.

If you or a loved one has been seriously injured in an automobile accident, contact the Bostwick & Janoff Law Offices for a free consultation.