Auto accident attorney San JoseA clearer path after a crash
Start with a free crash review from our partner law firm. Then follow our recovery timeline and local guide while you heal.
See the recovery timelineFree crash review
Answer four short questions, then request a callback.
The timing is outside this review path
This review path focuses on accidents from the last six months. Deadlines and exceptions vary, so consider speaking directly with a licensed California attorney if you still need guidance. RoadWell San Jose is not a law firm and this is not legal advice.
This review is not the right fit
This review path is for crashes caused by another driver. If you need guidance, you can speak directly with a licensed California attorney.
This review is not the right fit
This review path is for people who report pain or injury symptoms after an accident. If your symptoms change, you can return and complete a new evaluation.
This review is not the right fit
This review path is for people who have not signed an agreement with a lawyer for this accident. This does not determine whether you have a valid claim. A licensed attorney can advise you on your options.
Review requested
Your Request Is In
Our partner’s automated assistant will call about your accident. Keep your phone nearby. Call timing depends on availability.
- Expect a call. Our partner’s automated assistant will introduce itself.
- Confirm the details. The assistant asks a few questions before offering a connection to intake.
- Possible attorney review. The intake team can clarify any missing details and discuss the next steps.
- Free initial review
- No obligation to hire an attorney
- 4 short questions
- Santa Clara County accidents
Start here
Four tasks for the weeks after a San Jose auto accident.
- RecoveryFollow the recovery timelineSigns to watch in the first hours, days and weeks.
- Accident reportSan Jose Police or the CHP?City streets versus freeways, with fees and wait times.
- Time limitsTwo years, or six monthsThe shorter deadline applies when a public agency is involved.
- State BarCheck an attorney’s licenceSearch the State Bar of California before you sign.
Symptom timeline
Your recovery timeline after a San Jose auto accident
Many auto accident injuries announce themselves late. Choose a stage below to see the signs to watch and the one thing to do.
- Emergency signsHeadache that intensifies, vomiting several times, chest or stomach painCan appear in the first hours. Needs emergency care.
- Concussion symptomsHead pain, fogginess, feeling sick to your stomach, unsteadinessCan start at once or hours to days later.
- WhiplashSore, stiff neck and headaches that start at the back of the headMost often starts within days.
- Lingering concussion symptomsOngoing headaches or dizziness, difficulty focusingUsually appear within 7 to 10 days.
- Stress reactionsFlashbacks, disturbed sleep, fear of getting back in a carCan begin weeks after the crash.
- Pain that is not improvingBack, neck or shoulder pain that lingers past the first weeksShows after the first few weeks.
When symptoms often start May continueSource: CDC, Mayo Clinic and MedlinePlus.
Stage 1 of 4 · Crash to about 24 hours
First hours
Watch for
- A headache that is building rather than fading
- Repeated vomiting, trouble speaking, a seizure, or being confused or very drowsy
- Chest pain, a hard or painful stomach, or skin that looks grey or clammy
What to do
Get emergency care
These need emergency care now: call 911 or go to the nearest emergency room. They can point to internal bleeding or a brain injury.
For your claim
If someone was injured and no officer took a report, California requires a written report to the CHP or San Jose Police within 24 hours. If an officer did come, keep the report number.
Stage 2 of 4 · Days 1 to 3
24–72 hours
Watch for
- A stiff neck, or pain when you turn to check a blind spot
- Headaches rising from the base of the skull
- Aching shoulders or upper back, or tingling and numbness down the arms
- Head-injury signs that were absent at the scene, like nausea or fogginess. The CDC notes some appear hours or days later.
What to do
Get checked within a day or two of any blow to the head, even a minor one (Mayo Clinic). Mention the accident and every symptom you have noticed.
For your claim
An insurer will read that first record closely. Waiting weeks gives them room to say the injury had another cause.
Stage 3 of 4 · The first week and a half
Days 3–10
Watch for
- Forgetting things, a short fuse, discomfort with light or noise, restless nights
- Headaches, dizziness or fogginess that hang on. Mayo Clinic says lasting concussion symptoms usually appear within 7 to 10 days.
What to do
Return to your doctor for anything new or not getting better. A quick daily note on pain levels and missed activities helps both your care and your claim.
For your claim
Send the DMV your SR-1 within 10 days of an injury accident, and keep every medical bill and receipt together.
Stage 4 of 4 · Weeks 2 to 6, and after
Weeks 2–6
Watch for
- Back, neck or shoulder pain that has plateaued. Whiplash often improves within weeks, but it can last for months.
- Flashbacks, bad sleep, or avoiding the car or the road where it happened
What to do
If recovery stalls, ask about physical therapy or a specialist. Mayo Clinic suggests talking to a professional if distressing thoughts about the accident last more than a month.
For your claim
Once you sign a release, the claim is over, even if a new problem appears. Wait until your recovery is clearer.
Another driver at fault? Start the free crash review
After you send the form
Here is what the callback looks like:
A call back
Our partner’s automated assistant rings the number you give and says who it is.
A few questions
It confirms details about the accident and can put you through to the intake team.
Possible attorney review
The intake team can clarify what is missing and explain the options. You decide what to do.
Reports, care and court in San Jose
The agency, trauma centers and courthouse that handle San Jose auto accidents.
Who wrote the accident report?
Where did the accident happen?
On a street inside San Jose city limits
San Jose Police Department
Order it online after at least 45 days, or by mail or in person at the Records Unit, 201 West Mission Street. The fee is $16 per report.
On US 101, I-280, I-680, I-880, SR 87 or SR 85
California Highway Patrol
San Jose Police do not handle freeway accidents. Request the report on the CHP Crash Portal, usually about 8 business days after the crash, or with form CHP 190.
On a county road outside any city
California Highway Patrol
The CHP also investigates accidents on unincorporated county roads. Use the Crash Portal or form CHP 190; the fee is $10 for up to 25 pages.
In Santa Clara, Sunnyvale, Milpitas or another city
That city’s police department
Each city keeps its own accident reports. Contact its police records unit with the report number and the date.
Care and courts
- Adult trauma care
- Santa Clara Valley Medical Center, 751 S. Bascom Ave., San Jose
- Children
- Stanford Health Care, Palo Alto
- Courts
- Downtown Superior Court, 191 N. First St., San Jose
When to call an auto accident attorney in San Jose
Small claims are often settled directly with the insurer. A San Jose auto accident attorney is worth a call when:
- You went to an emergency department, or you still need treatment weeks later.
- Fault is disputed, or a commercial vehicle, a VTA bus, a rideshare car or several vehicles were involved.
- Your losses may be more than the other driver’s cover. California’s minimum is $30,000 per person on policies issued since 2025.
- The City of San Jose, the county, VTA or Caltrans may share responsibility, so the six-month claim deadline applies.
If only your car was damaged, or a minor injury cleared up quickly and the insurer is paying without argument, you may not need one.
California time limits and shared fault
Most injury lawsuits must be filed within two years of the accident (Code Civ. Proc. § 335.1), and claims for damage to your car within three. A claim against a public agency, such as the City of San Jose, Santa Clara County, VTA or Caltrans, must be presented in writing within six months (Gov. Code § 911.2).
California follows pure comparative fault: your damages drop by your share of the blame, with no cut-off. With $80,000 in losses and 35% of the fault, you would receive $52,000.
Policies issued or renewed since January 1, 2025 must carry at least $30,000 per person, $60,000 per accident and $15,000 for property damage. Proposition 213 can exclude pain and suffering damages for an uninsured driver, with exceptions. Medical bills and lost wages can still be claimed.
How to check an auto accident attorney in San Jose
Every attorney practicing in California must hold an active State Bar licence. The State Bar of California attorney search shows licence status and any public discipline.
Auto accident cases usually run on contingency. California requires that agreement in writing, signed by both of you, with the rate, how costs affect your recovery, and a statement that the fee is not set by law and is negotiable (Bus. & Prof. Code § 6147).
Ask who will work on your file, whether the attorney has tried auto accident cases at the Downtown Superior Court on North First Street, and what you would owe for costs if there is no recovery.
What the free review covers
Four questions: when the accident happened, whether another driver caused or contributed to it, whether you have pain or injury symptoms, and whether you have already signed with a lawyer. Unsure about fault? Choose “Not sure”.
Then you leave a name and phone number for a callback from our partner. Sending the form does not mean a case is accepted. The review path is for accidents in the last six months, where you are hurt and have not signed with a lawyer.
Questions about auto accident claims in San Jose
Does the review cost anything?
No. The initial review is free, and there is no obligation to hire an attorney. If you hire one later, California requires a written, signed fee agreement.
If I send the form, has a lawyer accepted my case?
No. The form asks for a callback. Our partner’s intake team checks the details, and an attorney may review the case after that.
What if I do not know who was at fault?
Choose “Not sure” and finish the form; intake will go over it. California uses pure comparative fault, so a share of the blame reduces an award but does not end a claim.
How much does an auto accident attorney in San Jose charge?
Most work on contingency: a percentage of what is recovered, with nothing upfront. The agreement must be written and signed, state the rate and how costs are handled, and say the fee is negotiable.
How do I get a San Jose Police accident report?
Online after at least 45 days, or by mail or in person at the Records Unit, 201 West Mission Street. The fee is $16. Accidents on freeways and in unincorporated areas are CHP reports instead.
How long do I have to file an injury claim in California?
Generally two years from the accident for an injury lawsuit and three years for vehicle damage. Claims against a public agency, such as the City of San Jose, the county, VTA or Caltrans, are due within six months.