Maison Law’s Gilroy personal injury lawyers can represent you if you’ve been injured in a car accident.
Accidents happen virtually every day throughout the city, but Maison Law never wants victims to feel helpless. The fault of careless drivers can be proven, and you can expect to get help with your medical bills, lost time at work, and other damages.
To learn more about what the legal process can do for you, contact our team today for a free consultation.
Gilroy Car Accident Injury Claims Process
Step 1
Call Us For A Free Consultation
Call us 24/7 with No Obligations.
Step 2
Describe Your Accident Details
We will then discuss your legal options and decide whether to move your case forward.
Step 3
Retain Maison Law w/ No Upfront Fees
We work on contingency. No attorney fees unless you win your case.
Step 4
Receive Your Compensation
We will fight for you to earn the highest possible payout for your damages.
When You Might Need a Lawyer
There’s no legal requirement in California that says you need a lawyer after a car accident. In fact, in the event that your car accident is minor, you probably don’t need to worry about the legal process at all. However, if you suffer a more serious injury, and a careless driver was at fault, it’s a good idea to have a lawyer handle your case.
A more serious injury means higher recovery bills, and this makes car insurance companies fight harder when it comes time to reimburse you. A car accident lawyer investigates the accident and has evidence ready when insurance adjusters attempt to blame you for a traffic accident. Your attorney is also ready with medical documentation when insurers try to question how badly you are hurt to get away with paying you less.
Your attorney can often earn you more for serious injuries such as broken bones, neck and back injuries, and Traumatic Brain Injuries.
With extensive experience in car accident claims, our team makes sure injured drivers and passengers have what they need to rebuild their savings and their lives. Our goal is to make things easier for you. We even work on a contingency-fee basis, so you don’t have to cover any attorney’s fee until you are awarded a settlement check.
A Free Consultation with a Real Car Accident Attorney
Still have questions? That’s understandable after what you’ve been through. It’s why Maison Law offers a free, confidential case review as a way to get your questions answered. If we can’t help you earn more for your case, we’ll be upfront about that and direct you on how to file a successful claim yourself.
But if we can help you bring home more in support, you should know that you don’t have to worry about paying an attorney’s fee at such a difficult time. We aren’t paid unless we win your case for you. Then, our fee comes out of the settlement check insurers are forced to write for you.
How Can You Make Your Claim Stronger?
Once you’re in a car accident, it becomes your duty to do what you can to make your claim stronger. This is going to be very important to how your claim plays out, and can even impact what you’re able to recover in your claim. At the same time, the aftermath of a car accident is usually confusing and scary, particularly if you’re more seriously injured. So, if you find yourself in this situation, here’s what you need to do to make your claim stronger:
- Get medical attention – Your health is the top priority. Check yourself for injuries and call 911 for police and ambulance response. Accept medical care at the scene and follow up at a hospital or urgent care.
- Gather evidence at the scene – If it’s safe, document the scene with photos or videos. Capture any damage to your car and visible injuries. Also, photograph other relevant details like skid marks, road defects, or malfunctioning streetlights.
- Work with investigators – Work with the police and insurance companies, sticking to the facts. Avoid lying or exaggerating the situation, as this can harm your case.
- Swap information – Once safe, exchange contact and insurance details with other involved parties and witnesses. If you’re uncomfortable, the police can assist you.
Staying calm and clear-headed after an accident is crucial, though it can be challenging when injured. Remember, our team is here to support you throughout the process.
Who Pays For Your Damages When You’re in a Car Accident?
There’s a huge benchmark for any car accident case–figuring out liability. This tells you who your claim will be against, as well as who is legally responsible for paying for your damages from the accident.
Obviously, it’s not always straightforward in a car accident, given the many different causes and types of accidents there are. But the legal standard for liability is “negligence.” Proving negligence involves showing that the other party acted carelessly, leading to the accident and your injuries. This requires showing that:
- The other person had a duty to drive safely and avoid harming others.
- They breached this duty by being careless.
- Their carelessness directly caused the accident and your injuries.
Once negligence is established, it becomes clearer who your claim should be against. Typically, it’s the other driver (specifically their car insurance company), but responsibility could be shared among others, such as:
- Other drivers
- Vehicle owners not driving
- Car manufacturers (if a defect caused the accident)
- Government agencies (if poor road conditions were a factor)
- Employers (if the driver was on the job)
- Mechanics or repair shops (if faulty repairs contributed)
Liability and negligence will guide your claim, but understanding the specific circumstances and types of car accidents can help clarify what lies ahead. With many drivers on Gilroy’s roads, whether driving on Route 101 or Route 152, car accidents are common. Key causes usually involve negligent acts like:
- Distracted driving
- Reckless driving or speeding
- Not yielding the right of way
- Unsafe lane changes
- Driving under the influence
- Driving while drowsy
The Reasons Drivers Accidentally Leave Their Lanes
Some California drivers can always be counted on to pay the bare minimum of attention to the road as they fly along at 70 mph or faster. They may not realize that they’ve gone several feet over a white line along Highway 101. They may not realize they’ve inched over a yellow line and into the path of oncoming traffic on a road like 1st Street.
These are just some of the typical lapses in judgment that lead to drivers wavering in their lanes:
- Drivers who are sleepy or who nod off completely
- Drivers who daydream
- Distracted drivers using cellphones or trying to eat behind the wheel
- Impaired drivers who can’t judge distance after they’ve taken a drug or consumed alcohol
- Careless drivers veering over on motorcyclists and into bicycle lanes.
- Merging drivers causing accidents as they look for an opening to merge on 101, but don’t stay steady while on the on-ramp
- Drivers who try to pass other vehicles or bicycles in an out-of-control manner
- Large vehicles like Semi-trucks, delivery vans, and produce trucks that take up a lot of their own lanes and sometimes others’ lanes
These are all errors in judgment that can leave a bad driver responsible for car damage and injuries. But proving the driver left a lane, and was drowsy, or was texting, can be more challenging.
A skilled attorney would conduct a full investigation into the accident to prove how it occurred and who should be accountable. Maison Law can also depend on accident reconstruction teams to document the crash site and show what actually happened.
What Are Your Damages in a Car Accident?
There are two ways to look at the damages that come from a car accident. First, there are the physical injuries and other impacts on your life. Then, there are the “damages” that are available to you under the law. Both of these things are closely related, but it’s important to understand the process and how connected they are.
Injuries in a Car Accident
Every car accident is going to result in some type of damage. Most of the time, this is a physical injury or damage to your car. But there’s also the mental and psychological impact that comes with a car accident. No matter what type of accident you’re in, you could experience any of the following:
- Whiplash
- Injuries to the head, neck, and shoulders
- Cuts and bruises
- Broken bones and fractures
- Traumatic Brain Injuries (TBI)
- Strains in the back
- Burn injuries
- Psychological and emotional trauma
- Fatalities, in severe accidents
Damages in an Injury Claim
The other side of the coin regarding your damages in a car accident is what you can actually recover in an injury claim. In legal terms, your “damages” refer to the losses that you go through because of the accident. And the way you get these damages is by filing an injury claim, either through insurance or with a lawsuit.
- Insurance claim – This is the first step, involving filing with the at-fault party’s insurance company. It’s less formal and quicker, but insurers may offer less than you deserve.
- Lawsuit – If you decide to file a lawsuit, it means taking your case to court, which takes more time but offers potential for higher damages. Our team handles legal tasks, but litigation can be lengthy.
Regardless of your choice, our team guides you through. California law has a two-year statute of limitations for filing, so timing is crucial. Your damages, or losses from the accident, can include things like:
- Medical costs
- Vehicle expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Help for Families After a Fatal Car Accident
At Maison Law, we hold insurance companies responsible for the maximum amount of compensation you are owed. If the insurance company attempts to undervalue your claim, then we will file a lawsuit against them on your behalf. If a settlement cannot be reached, then we will represent you in court to claim the following damages:
- Funeral and burial expenses: cover the costs associated with saying goodbye to a loved one
- Loss of financial support: compensation for the loss of income provided before the untimely loss of a loved one
- Cost of medical treatment: this applies if your loved one received medical treatment before their unfortunate passing
- Emotional distress and support: compensation for the psychological and emotional toll a loss can have on the surviving family members
- Pain and suffering: if the decedent was exposed to pain and injuries before their untimely death, your family can seek compensation for what they had to endure
- Loss of consortium: this covers the loss of love and companionship you and your family have lost
Who Can File a Wrongful Death Lawsuit?
Typically, the right to file a wrongful death lawsuit is reserved for immediate family members because they are the ones most affected by the loss. However, in California, several other people are allowed to file suit, according to the Code of Civil Procedure, section 377.60. The eligible members include:
- Surviving spouses
- Domestic partners
- Children
- Grandchildren (only if the deceased person’s children have also passed away
- Stepchildren may claim damages if they were at least 50% dependent on the decedent’s financial support
- Dependent minor living in the household
- The next of kin
- Anyone entitled to the deceased’s property under intestate succession law
However, if no one in the decedent’s life fits the listed people above, there are additional individuals who qualify for compensation. If a person is dependent on the decedent, such as a stepchild or parent, they become entitled to compensation.
No matter what kind of accident you’ve been in, California law offers ways to get financial help. But before you do anything, it’s smart to talk to our team to get a better idea of your options and what you can expect.
How many car accidents happen in Gilroy each year?
According to the California Highway Patrol’s Transportation Injury Mapping System (TIMS), there have been an average of 173 car accidents involving injury per year over a five-year span (2021-2025).
In 2025, Gilroy recorded 138 accidents involving injuries. Those accidents led to at least two deaths. That is a drop off from recent years when the consequences on local highways were much more severe.
What Our Clients Say
Frequently Asked Questions
Right after you’ve been in the hospital and been out of work, we don’t expect you to be able to afford to hire a lawyer. But Maison Law works on a contingency basis. It means we get started on your case right away, but don’t get paid unless we win your case for you. Even then, you don’t have to reach into your savings to pay us. Our attorney’s fee comes out of the settlement check that an insurer must write for you.
Yes. California has a “comparative negligence” rule that says any percentage of fault you contribute to the accident will reduce your recovery of damages by that same percentage, but you can still file a claim after a car accident.
You still have two years to file your injury claim, but it doesn’t kick in until your child turns 18 years old. That said, the sooner you file, the easier it is to tie injuries to the accident.
Experienced Gilroy Car Accident Lawyers
If you or a loved one has suffered injuries in a car accident caused by someone else’s negligence, Maison Law’s team of experienced Gilroy car accident lawyers is ready to support you.
We use our experience to hold responsible parties accountable and make sure our clients get results. Contact us for a free consultation if you’ve been in a car accident in Gilroy.
