If you were injured in a car crash, a fall or another accident in San Jose, the first weeks decide a lot: which agency wrote the report, whether a public agency shares the blame, and which deadlines are already running. This page explains how those pieces work in San Jose specifically, and how our San Francisco personal injury attorneys can help.
Looking for a San Jose personal injury lawyer? B&D Law Group, APLC handles San Jose car, truck, motorcycle, pedestrian and premises injury cases, and the first consultation is free.
Getting your San Jose collision report
For collisions inside city limits, the San Jose Police Department Records Unit provides vehicle accident reports. It does not handle reports for the interstates that pass through the city.
- SJPD advises waiting at least 45 days after the collision before looking for the report online.
- You can request it online, by mail with the department’s request form and a $16 check or money order payable to the City of San Jose, or in person at the Records Unit, 201 West Mission Street, San Jose, CA 95110. The current fee schedule lists $16 per report.
- Reports involving fatalities, emergency vehicles or felony hit-and-runs cannot be released online and must be requested by mail or in person.
- Records Unit phone: (408) 277-4261.
Freeway crashes are generally handled by the California Highway Patrol. The CHP San Jose Area office, at 2020 Junction Avenue, patrols US 101, I-280, I-680, I-880 and State Routes 17, 85, 87, 130 and 237.
San Jose roads where serious crashes happen
Freeways through San Jose include US 101, I-280, I-680 and I-880, along with State Routes 85 and 87. Corridors shown on the growth-area map of the city’s Envision San Jose 2040 General Plan include Stevens Creek Boulevard, Winchester Boulevard, Santa Teresa Boulevard, Monterey Highway, Alum Rock Avenue, Capitol Expressway and De Anza Boulevard.
The California Office of Traffic Safety’s most recent crash rankings (2023 data) counted 3,294 people killed or injured in San Jose crashes that year, including 314 pedestrians, 251 bicyclists and 69 motorcyclists, with 377 victims in alcohol-involved crashes. San Jose ranked 11th of 15 large California cities (populations over 250,000) for total victims, where 1st is worst. OTS weights its rankings by population and miles driven, so the rank is not a simple head count. (OTS crash rankings)
When the City of San Jose or another public agency may be responsible
- City streets and sidewalks: claims for injuries to people or property are filed with the Office of the City Clerk, 200 E. Santa Clara Street, Tower, 14th Floor, San Jose, CA 95113, by mail or delivery.
- VTA buses and light rail: claims go to the Santa Clara Valley Transportation Authority, Attention: Board Secretary’s Office, 3331 N. First Street, Bldg B, San Jose, CA 95134, by mail or hand delivery. VTA’s form says faxes are not accepted.
Either way, the six-month claim deadline below applies, so it is worth sorting out the right agency early.
Courts serving San Jose
Santa Clara County Superior Court hears civil cases at the Downtown Superior Court, 191 N. First Street, and the Old Courthouse, 161 N. First Street, both in downtown San Jose. If your case goes to court, we handle where and how it is filed.
Cases we handle for people hurt in San Jose
Our personal injury attorneys represent people injured in San Jose in cases including:
You can also read about our past case results and what clients say about working with us.
What a San Jose injury claim can cover
California law sorts personal injury damages into a few categories:
- Economic damages: objectively verifiable money losses, such as medical expenses, lost earnings and the cost of repairing or replacing property (Civil Code section 1431.2).
- Non-economic damages: subjective losses such as pain, suffering, emotional distress and loss of companionship (same section).
- Punitive damages: available only in limited cases, when it is proven by clear and convincing evidence that the defendant acted with oppression, fraud or malice (Civil Code section 3294).
What a particular claim is worth depends on the injuries, the evidence and the insurance available, so we review each case individually and never promise a result.
How a San Jose personal injury case usually moves
- Free consultation. You tell us what happened and we explain your options. There is no attorney fee unless we recover compensation for you.
- Investigation. We gather the collision or incident report described above, photos, witness information and your medical records.
- Claim and negotiation. We present the claim to the insurance company and negotiate for a fair settlement.
- Government claim if needed. If the City of San Jose or another public agency may share responsibility, we prepare the written claim before the six-month deadline.
- Lawsuit if needed. If the case does not settle, we file a lawsuit in the proper California Superior Court and keep pushing toward trial.
Deadlines and fault rules that apply to every California injury claim
- Two years to file a lawsuit. Most personal injury lawsuits must be filed within two years of the injury under Code of Civil Procedure section 335.1.
- Six months for claims against a public agency. If a city, county or state agency may be responsible, for example because of a dangerous road condition or a government vehicle, a written claim generally must be presented within six months after the claim accrues under Government Code section 911.2. Missing that deadline can end the claim.
- Partly at fault does not mean no recovery. California uses pure comparative fault (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). If you share some of the blame, your compensation is reduced by your share rather than barred.
San Jose personal injury FAQ
How much does a personal injury lawyer cost in San Jose?
B&D Law Group, APLC handles personal injury cases on a contingency fee, which means no attorney fee unless we recover compensation for you. The consultation is free.
How long do I have to file a personal injury claim in San Jose?
Most California personal injury lawsuits must be filed within two years of the injury (Code of Civil Procedure section 335.1). If a city, county or state agency may be responsible, a written claim generally must be presented within six months (Government Code section 911.2).
What if I was partly at fault for the San Jose accident?
California follows pure comparative fault (Li v. Yellow Cab Co.). If you share some of the blame, your compensation is reduced by your share rather than barred.
Can I make a claim against the City of San Jose?
Yes, but California requires a written claim to the public agency before a lawsuit can be filed (Government Code section 945.4), and the claim generally must be presented within six months. The section above on public agency claims explains where San Jose claims go.
Where do I get my San Jose accident report?
The “Getting your San Jose collision report” section above lists the agency that handles crashes inside city limits and how to request a copy. Freeway crashes are generally handled by the California Highway Patrol.
Nearby cities we serve
We also represent injured people in communities near San Jose:
- Santa Clara personal injury attorneys
- Sunnyvale personal injury attorneys
- Fremont personal injury attorneys
- Hayward personal injury attorneys
- Santa Cruz personal injury attorneys
- San Mateo personal injury attorneys
- Our San Francisco office
- Bay Area personal injury attorneys
- All areas we serve
Talk to a B&D Law Group attorney
B&D Law Group, APLC represents people hurt in San Jose and across Santa Clara County. Our nearest office is the San Francisco office at 50 California St, Suite 1500, San Francisco, CA 94111. The consultation is free, and we handle personal injury cases on a contingency fee, which means no attorney fee unless we recover compensation for you. Call (888) 977-2238 or send us your case details.
Attorney advertising. This page is provided for general informational purposes only and is not legal advice. Reading this page or contacting us does not create an attorney-client relationship. Agency procedures, fees and data on this page were checked against official sources in October 2026 and can change. Prior results do not guarantee a similar outcome.