San Diego Auto Accident Lawyers
Helping the victims of auto accidents.
Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. Personal injury claims should be filed when someone is injured due to someone else’s negligence. The basic question in every negligence case is whether the party responsible for the injury had a duty to provide caution or care, that he or she neglected to do so, and that the oversight was the cause of the plaintiff’s injury.
Demonstrating negligence can become complicated, and personal injury claims are subject to a statute of limitations that limits the window of time during which a claim can be filed. For this reason, it is in your best interest to contact our San Diego Auto Accident Lawyers right away after an auto accident or injury.
Here is What We’ll Do For You
- Take action to get you compensation.
- Recover your medical expenses.
- Secure the lost wages you are entitled to.
- Take your case to trial.
Contact Our Auto Attorneys Today
The key to recovering money following a auto accident is proving that another party acted negligently. Because California observes comparative fault, you can recover money if another party is shown to be somewhat to blame for the accident. Auto accident statistics make clear that driving in California can be life-threatening. This is true even under ideal conditions, when drivers are focused and when roadways are in good condition. The risk of an auto accident increases significantly with adverse driver behavior or road conditions. Car accidents are mostly avoidable and the cause, in most cases, is human error.
If you were injured in a motor vehicle accident, whether it’s a car or motorcycle accident, tractor trailer wreck, or ATV injury, call our car accident lawyers today or contact us online. Our Law Firm, represents clients throughout San Diego County. We will provide you with a free, no-obligation initial consultation and answer any questions you might have 619-338-8230.
Top Causes of Auto Accidents in California
Auto Accidents are one of the leading causes of death and injury in the United States. Every year approximately 30,000 Americans lose their lives in traffic accidents, and more than two million are injured. In California alone there were 2,739 persons killed and 229,354 persons injured in auto crashes in 2010. That same year Orange and Riverside Counties collectively saw nearly 300 fatal accidents and more than 20,000 accidents resulting in injury.
Distracted Driving the Main Culprit of Auto Accidents
The Occupational Safety and Health Administration (OSHA) reports that drivers make more than 200 decisions per mile traveled. Making the correct decision in every instance requires a driver’s full attention. Unfortunately, the growing use of handheld digital devices, including iPhones creates more distractions today than ever before. A groundbreaking study published by the National Highway Traffic Safety Administration in 2006 found that driver inattention was the leading factor in most crashes. According to the research, 80 percent of crashes and 65 percent of near-crashes involve a distracted driver.
Specific Driving Behaviors Contribute to Car Wrecks
- Cell phone use
- Reaching for a moving object within the vehicle
- Looking at something outside of the vehicle
- Applying makeup
Cell Phones and Texting
While it is illegal in California to use a handheld cell phone or to text while driving, many people continue to engage in these behaviors. Public perception is that texting while driving (blamed for 1,600,000 accidents per year) is a teenage problem, but adults are actually more likely to text and drive than teens. Regardless of who is texting and driving, it’s extremely dangerous. Studies show that texting while driving is six times as dangerous as drunk driving. The use of a hands-free phone, permitted for drivers over the age of 18 in California, is thought to alleviate the risk associated with cell phone use. While this is true to some extent, hands-free devices do not eliminate cognitive distraction, as talking while driving leads to so-called “inattention blindness.”
Other Causes of Car Crashes in California
Operating a vehicle under the influence of drugs and alcohol slows reaction times and impairs driving. Drunk driving is strongly correlated with fatal car accidents. Approximately 30 percent of all motor vehicle fatalities are alcohol-related. California lost 972 people to drunk driving in 2010 and an additional 17,000 were injured by alcohol involved collisions.
Driving while sleep deprived is nearly as dangerous as driving while intoxicated. 100,000 motor vehicle crashes per year are the result of driver fatigue.
Speed is a factor in about 1 out of 3 fatal crashes.
Snow, ice, and other adverse weather make driving more dangerous, especially when driving as described above. The roadway itself, moreover, can increase accidents. Issues such as potholes, uneven pavement, signage problems, and poor road design make crashes more likely.
Recover Compensation Car Crash Injuries
The people injured in a auto accident may be entitled to compensation for losses that include:
• Medical Bills
• Lost Wages and Future Lost Wages
• Property Damage
• Pain and Suffering
Proving Fault in a Car Wreck:
The Reason You Need a Auto Accident Attorney
Some auto accidents, such as rear-end collisions, leave little doubt as to which driver is at fault. Other cases, however, depend on evidence, police reports, and eyewitness testimony. When cases are disputed, whether by the driver or the driver’s insurer, holding the negligent party responsible comes down to presenting a convincing case. This is where hiring an experienced California car accident attorney is critical, particularly when injuries are serious and medical bills runs into the hundreds of thousands or even millions of dollars.
Contact an Experienced Auto Accident Lawyer
When the stakes in a car accident are high, you need an experienced auto lawyer who will fight tirelessly on your behalf. With years of experience and tens of millions of dollars recovered for injured clients, our auto attorneys know what it takes to achieve top results. To schedule a free case review, contact us online or call 619-338-8230.
Call For A Free Consultation
If you or someone you love has been injured, don’t wait to take legal action. The sooner you contact San Diego Injury Law Center, the sooner your lawyer can begin gathering evidence to prepare your case for trial. Do you need some free advice from our San Diego Auto Accident Lawyers? Call Now for Free Advice! San Diego Injury Law Center 619-338-8230. Call our offices, or complete an online contact form to schedule a free initial consultation or call us direct at 619-338-8230.
San Diego County Auto Accidents
Everyone who lives in San Diego County understands the reality that is our dependence on automobiles to get around. It’s simply a way of life here, and one that’s unavoidable. This means that on any given day, millions of people are in their cars or trucks zooming down the freeways and a crash can happen. This is when San Diego Auto Accident Lawyers can help.
Obviously, when looking at it from a purely numerical standpoint, when you crush that many vehicles into an enclosed space at any given time, the odds of an auto accident occurring rise dramatically, and this is a growing problem in our growing community. Not to mention, the effects of any car accident can be devastating in several ways, including:
- Your car accident leaves you without transportation
- Insurance hassles with both your insurance company and the other drivers
- Physical injuries
- Medical expenses
- Lost income
- Pain and suffering
San Diego Auto Accident Lawyers
Clearly, these are just a few examples where San Diego Auto Accident Lawyers can help. When faced with this situation, you need to act immediately to get the legal help you deserve. Contact the San Diego Injury Law Center today to schedule an initial consultation. Our auto accident legal services will help you in your time of legal need, proving why you need a skilled auto accident attorney. Do you need some free advice from our San Diego Auto Accident Lawyers? Call Now for Free Advice! San Diego Injury Law Center.
Causes of Car Accidents
Many times, accidents are caused by any of the following:
- Negligence by one of the drivers
- Reckless driving
- Weather conditions
Aftermath of a Car Accident
Oh no, this can’t be happening, you think to yourself in the instant you realize you’ve been in a car accident. But it is. And what you do next can make all the difference in the world.
Follow these basic steps:
- Remain as close as you safely can to the scene.
- Remove any passengers from the vehicle.
- Remain as calm as possible.
- Call the police to file a report.
- Exchange contact and insurance information with the other driver.
- Do NOT engage in an argument with the other driver regarding fault.
- Only exchange information regarding Insurance and Drivers Lic. Number.
- Only explain the situation to a police officer.
- Seek medical attention if necessary.
- Contact the personal injury attorneys at San Diego Injury Law Center
San Diego Injury Law Center
The last step could be the most important. That’s because anything you say to the other driver or to any insurance company could ultimately be used against you. Working with the San Diego Auto Accident Lawyers at the San Diego Injury Law Center will allow you to have an experienced professional handle the situation, and that includes your insurance company. You wont have to worry about answering correspondence or saying the wrong thing during a conversation. Contact San Diego Injury Law Center today if you’ve been injured in an automobile accident to get this process started. Do you need free advice from our San Diego Auto Accident Lawyers? Call Now for Free Advice! San Diego Injury Law Center 619-338-8230.
Who is at Fault in Different Types of Accidents?
Who’s at fault for your crash? If the answer is the other driver, then you need to build a case against the other party. To help you build that case, it is important to make sure the evidence supports your assertion that the other party is at fault. Often the fault for an accident is due to the perceptions we have about how accidents happen. Therefore, let’s examine a few different types of crashes to understand more about who is at fault. Keep in mind that every car crash is a little different. Your collision might have mitigating circumstances that affect the outcome of the case.
Three Common Types of Crashes
#1 Who is at fault in a rear-end car accident?
According to the NHTSA, 40% of accidents each year are rear-ended collisions. The vast majority of these accidents find fault with the driver who rear-ended your car. It is easy to prove the other party responsible for most rear-end accidents. There are exceptions to the rules. For example, if someone backed up at an intersection and hit your car, then it is not your fault.
They can’t blame you for bumping into the back of their car when your car was at a standstill. Also, the other driver might be partially at fault if they slammed on the brakes or made an erratic maneuver that caused you to rear-end their car. To prove your case in a rear-end collision (T-bone, changing lanes, etc.), you need a few items: Police report Insurance report on both vehicles damage Intersection traffic signals or signage photos/videos Witness statements Traffic camera footage Optional: any nearby business camera footage Optional: expert witness testimony
#2 Who is at fault in a T-bone car accident?
A T-bone crash is not always as cut and dry for who is at fault. Usually, a T-bone happens at an intersection like a stop sign or light. Generally, if the other party ran the red light, then the responsibility for the T-bone collision is with the other driver. For a stop sign, the driver to the right has the right of way.
The biggest exception to this rule is if the other driver was at the intersection first. As you can tell, the key to winning a T-bone case is knowing who has the right-of-way at the intersection. Finally, just because the other vehicle hit the side of your car, does not mean you are the victim. It is possible to run the red light, and the other driver can hit the side of your car.
#3 Who is at fault in a car accident changing lanes?
Similar to a T-bone collision, lane change collisions are often the responsibility of the person who was changing lanes. A driver must check before merging into a lane before they move. That said, it is not always the driver changing lanes fault. There are examples of how the other driver could be at fault for a lane change even if you were the one changing lanes.
One common example is if the other driver does not have their lights at night or in the fog despite the lack of visibility. Also, if the other driver was speeding or driving too fast for the conditions on the road, they could be responsible for the accident. Finally, if a driver sped up or slowed down as the vehicle moved into their lane, they could be at fault for the crash.
In California, when both parties are at fault for the crash, you can still sue the other party for damages as long as they were more than 50% at fault. For example, maybe the courts rule the other driver was 70% at fault, and you were 30% at fault. You then reduce your settlement by 30%. If the original ruling was $50,000, the new payout would be $35,000.
Lane changing accidents often define the fault to multiple drivers depending on the situation. Without knowing the specifics of your case, it is impossible to determine what a judge or jury might say.
Do you need free advice from our San Diego Auto Accident Lawyers? Call Now for Free Advice! San Diego Injury Law Center 619-338-8230.
If you are involved in a vehicle accident that occurred in California, you must report it to the DMV if:
• There was property damage of more than $1,000 ($750 for accidents prior to January 1, 2017) or
• Anyone was injured (no matter how minor) or
• Anyone was killed.
Each driver must make a report to DMV within 10 days, whether you caused the accident or not and even if the accident occurred on private property. You can mail the completed Report of Traffic Accident Occurring in California form to the address on the form.
Once you are receiving medical treatment and your personal injury attorney has taken appropriate steps toward ensuring you receive needed treatment and that the cost for the care is being handled through your case, the next question you will need to address is financial compensation. While the question, “how much money will I receive,” may not always be the first thing on your mind, it is certainly an important consideration that will become important down the road. At some point, hopefully you will be fully healed from your injuries and on the road to recovery. Once your health issues are addressed, the subject of compensation will be at the forefront of your case and you want to be sure that you have in select the right attorney to ensure you are paid the maximum compensation.
How Much Is My Personal Injury Case Worth?
There are various forms of financial compensation available to you as an injured victim. Medical bills are usually covered as long as you were not at fault. You are entitled to payment for the cost of both past and future medical care. In addition, in most cases your lawyer will recover compensation for your pain and suffering, any lost wages or future loss of earning capacity, and loss of companionship for wrongful death cases.
First item of compensation in any personal injury case is recovery of medical bills that you have incurred and may continue to incur. Generally, as long as the charges are reasonable and there is no over-billing or excessive treatment, you have a right to collect all of the charges billed by hospitals, doctors and other medical providers. The cost for services already rendered is more straightforward.
The cost for future care can be a complex issue. Your doctors will need to give their opinion, in the form of reports or testimony in court, that the future care is both necessary and related to the incident that forms the basis of your personal injury claim.
Pain and Suffering Damages
Of the various forms of damages available to an injured victim, pain and suffering damages is the type of financial compensation that one is referring to when they ask, “How much is my personal injury case worth?” The law permits a jury to award you any amount of money it decides. Your lawyer will therefore utilize his or her experience, and knowledge of jury verdicts in similar cases, to advise you as to the amount you are likely to receive for your pain and suffering.
Cap on Pain and Suffering In Med Malpractice Cases
In cases involving medical malpractice, there is a cap on pain and suffering that limits that amount of a damages award that you can obtain against a doctor, hospital, or health care provider.
In most cases, you can recover your lost wages for time you were unable to go to work as a result of an accident caused by the neglect of another person. A claim for lost wages must be reasonable based on the nature and extent of your injuries.
Future Loss of Earning Capacity
If you are unable to perform the same type of work you had performed in the past and will suffer a loss of earning capacity in the future as the result of an accident caused by the carelessness of another person, you can also recover financial damages for your future loss of earning capacity.
Loss of Enjoyment of Life
A serious and debilitating injury can prevent you from taking part in sports or recreational activities that you regularly engaged in prior to your injury.
Personal Injury Attorneys You Can Trust
San Diego is one of the most populated cities in America, with a current population of almost 2 million people. Our attorneys help injured victims seek compensation for suffering an injury from another person’s negligence. Our injury attorneys will do everything in our power to ensure you get the maximum compensation for suffering an injury. It is important to know that at San Diego Injury Law Center, we solely practice personal injury litigation.
We have over 20 years of experience fighting insurance companies to make sure our clients receive a fair settlement. Your insurance company should offer a reasonable settlement that includes medical expenses and lost wages, therefore our skilled San Diego car accident attorneys are prepared to fight in court. Your top priority after an auto collision should be taking care of yourself and your family. Leave the rest to us.
Call us today to discuss your case. The initial consultation is free and we get nothing unless we win your case. We are available to meet in our Mission Valley office or can make arrangements to come to you. Car accidents can be deadly and devastating, but most can be prevented with proper care and precautions. Drivers who are negligent behind the wheel or those who drive recklessly can be held responsible for their behavior. If you or a loved one was hurt due to the actions of another driver, you may be entitled to seek damages for your losses and medical expenses. San Diego Injury Law Center is a car accident law firm that can help you and your family after a crash. If you have questions about your rights after your accident, call us to learn more.
We not only practice personal injury; our attorneys have over a decade of trial experience. Since most personal injury attorneys work on a contingency fee, you should strongly consider hiring a law firm with successful trial experience who the insurance companies know are confident in filing a lawsuit and trying the case if required. Call San Diego Injury Law Center 619-38-8230 for a Free Consultation. Se Habla Español and 中文. Call San Diego Injury Law Center today. Find out how we can help!