Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents car accident victims throughout San Jose and Santa Clara County. In 2023 (the most recent year for which data is currently available), San Jose recorded 3,294 traffic accident victims killed or injured — ranking 11th among California's 15 largest cities and placing San Jose among the highest-volume collision jurisdictions in Northern California, according to the California Office of Traffic Safety. Speed contributed to 642 crashes. Hit-and-run crashes injured or killed victims in 318 separate incidents, placing San Jose 13th among comparable cities. Those numbers represent real cases — broken bones, brain injuries, lost income, and families navigating an insurance system that is not designed to pay full value.

Negligence and the Legal Standard in a San Jose Car Accident Case

California Civil Code § 1714(a) imposes a general duty of ordinary care on every person in the management of their property or person. In a car accident case, that duty runs from every driver to every other person on the road — other drivers, passengers, cyclists, and pedestrians. A driver who breaches that duty and causes injury is liable for the resulting damages.

When a driver violates a specific provision of the Vehicle Code, that violation may establish negligence per se under CACI No. 418. The jury is instructed that a statutory violation is negligence if the plaintiff belongs to the class of persons the statute was designed to protect and the harm is the kind the statute was designed to prevent. Common Vehicle Code violations that arise in San Jose car accident cases include:

• Vehicle Code § 22350 — the basic speed law, which prohibits driving at a speed greater than is reasonable or prudent given road, weather, and traffic conditions, regardless of posted limits
• Vehicle Code § 21453 — failure to stop at a red signal
• Vehicle Code § 21801(a) — failure to yield when making a left turn
• Vehicle Code § 21703 — following too closely
• Vehicle Code § 22107 — unsafe lane change
• Vehicle Code § 23123 — handheld wireless telephone use while driving

A police report noting a citation does not automatically establish liability. The citation is evidence, not a verdict. The defense will contest causation, minimize injuries, and dispute whether the violation was the actual cause of the collision. Building a car accident case requires more than the report — it requires medical records, witness statements, physical evidence, and in complex cases, accident reconstruction.

Comparative Fault

California follows pure comparative fault under Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. A plaintiff's recovery is reduced by their percentage of fault — but not eliminated. A driver who is found 30% at fault recovers 70% of proven damages. The insurance industry routinely attempts to assign fault to injured parties to reduce payouts. Whether a comparative fault argument holds up depends on the facts of the specific collision — not on the insurer's characterization of them.

Insurance Coverage in San Jose Car Accident Cases

Effective January 1, 2025, Vehicle Code § 16056(a)(2) (as amended by SB 1107) raised California's minimum liability limits to $30,000 per person / $60,000 per accident / $15,000 for property damage. The prior minimums — $15,000 per person / $30,000 per accident — remained in effect for policies issued before January 1, 2025 until those policies renew.

Minimum coverage is frequently inadequate for serious injuries. Medical bills, lost income, and long-term care costs regularly exceed policy limits. When the at-fault driver carries minimum coverage and the damages exceed it, uninsured/underinsured motorist coverage under the injured party's own policy — governed by Insurance Code § 11580.2 — becomes the next layer of recovery. Identifying all available coverage is one of the first steps in evaluating a San Jose car accident claim.

Damages in a Car Accident Case

Civil Code § 3281 provides that every person who suffers a detriment from another's unlawful act is entitled to compensation. Civil Code § 3333 sets the measure of tort damages as the amount that will compensate for all detriment proximately caused by the wrong, whether anticipated or not. In a car accident case, recoverable damages include:

• Past and future medical expenses
• Lost earnings and diminished earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Property damage

Civil Code § 3283 expressly allows recovery of damages for future detriment — injuries and losses the evidence shows are reasonably certain to occur. This is particularly significant in cases involving ongoing medical treatment, permanent impairment, or reduced ability to work.

A pre-existing condition does not defeat a damages claim. Under the eggshell plaintiff doctrine, a defendant takes the plaintiff as found. If a prior back injury is aggravated by the collision, the full extent of that aggravation is recoverable — not just the incremental harm to a hypothetically healthy person.

Claims Against Government Entities

Some San Jose car accidents involve government vehicles or dangerous road conditions maintained by a public entity — the City of San Jose, the California Department of Transportation (Caltrans), Santa Clara County, or the Valley Transportation Authority. Claims against government entities are governed by the Government Claims Act. Government Code § 911.2 requires that a claim be filed with the public entity within six months of the incident. Missing this deadline can potentially bar a lawsuit against a government defendant. Tolling doctrines may apply depending on the facts — contact Attorney Michael Rehm to assess the specific timeline in your case.

Filing Deadline — Statute of Limitations

Code of Civil Procedure § 335.1 sets a two-year statute of limitations for personal injury claims. Missing this deadline can potentially bar a lawsuit. Tolling doctrines may apply depending on the facts — including the discovery rule, minority, and mental incapacity — but these exceptions require case-specific analysis. Contact Attorney Michael Rehm to assess the specific timeline in your case.

Santa Clara County Superior Court

Car accident cases filed in San Jose are heard at the Santa Clara County Superior Court, 191 N. First Street, San Jose, CA 95113. Under Local Civil Rule 1(C), all limited and unlimited civil cases must be filed at the Downtown Superior Court. The court operates a Differential Civil Case Management System — under Local Civil Rule 1(A), the court, not counsel, controls the pace of litigation from filing through resolution.

E-filing is mandatory for represented parties under General Court and Administration Rule 6. Cases estimated to take more than one day at trial require a Mandatory Settlement Conference before the trial assignment hearing. Under Local Civil Rule 9(B), the MSC Statement is due no later than five court days before the conference and may not exceed five pages. Lead counsel, parties, and persons with full settlement authority must personally attend the MSC unless excused by the court.

In fiscal year 2022–23, Santa Clara County Superior Court received 770 unlimited civil motor vehicle filings, according to the most recently available Judicial Council statistics for that fiscal year. Judicial Council Court Statistics.

Related Pages

• San Jose Personal Injury Attorney
• San Jose Truck Accident Attorney
• San Jose Motorcycle Accident Attorney
• San Jose Pedestrian Accident Attorney
• San Jose Bicycle Accident Attorney
• San Jose Uninsured Motorist Attorney
• San Jose Rideshare Accident Attorney
• San Jose Wrongful Death Attorney

Attorney Michael Rehm handles car accident cases throughout San Jose and Santa Clara County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.