Carlsbad Car Accident Lawyers
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Experienced Car Accident Lawyers In Carlsbad Who Can Help You Move Forward After An Injury
Carlsbad is in the North County region of San Diego County, California. The city is 35 miles north of downtown San Diego and 87 miles south of downtown Los Angeles. It is home to Legoland California Resort and is also only about a half-hour from SeaWorld San Diego.
Interstate 5 (I-5) is the main north–south Interstate Highway on the West Coast that runs mainly parallel to the Pacific Ocean, beginning in the San Ysidro Port of Entry, the busiest land border crossing in the Western Hemisphere, and terminating on the Peace Arch Border Crossing on the Canadian border. I-5 runs right through Carlsbad, which makes the thoroughfare a common location for car accidents.
Have you or a loved one suffered serious injuries in a car accident in Carlsbad, California? If it was preventable and you’re wondering whether you can pursue legal action, contact the skilled Carlsbad car accident lawyers at Arash Law, spearheaded by Arash Khorsandi, Esq.
A farm worker, suffered multiple broken bones and other orthopedic injuries resulting from an auto accident where the defendant driver attempted to make a left turn in front of our client in heavy fog.– ARASH KHORSANDI
Reasons To Bring Your Case To Carlsbad Car Accident Lawyers
Though it can appear more cost-effective to handle car accident injury claims independently because you won’t have to pay an attorney, seeking compensation can actually be more challenging to do on your own. There are many state and local laws that may apply to your case, which may further complicate things for victims who are already navigating the claims process for the first time.
Negotiating with insurance companies and managing litigation in case your claim needs to be presented to court can also be difficult to do alone, especially if you’re still recovering from car accident injuries. What’s more, an Insurance Research Council (IRC) study found that, on average, victims represented by lawyers were often able to pursue larger settlements than those who represented themselves.
In other words, it may be advantageous to work with a Carlsbad car accident attorney on your car accident case because they have years of experience handling these kinds of claims. Three common reasons you may wish to seek legal support after a car accident are:
A lawyer can help streamline discussions with insurance companies. In car accident cases, you’ll likely have to seek compensation from your own or an at-fault party’s insurance company. This process will involve negotiating for a settlement that reflects your injuries and other losses.
Since such discussions can be influenced by different laws and the unique circumstances of your accident, studying the offers you receive and deciding whether to accept them often requires legal knowledge. As such, you may wish to have a dedicated car accident lawyer handling these communications on your behalf.
- You may need help estimating the value of your damages. With a personal injury claim, victims can pursue financial compensation that seeks to cover all of their costs stemming from a car accident. Possible damages in these cases include not only the medical bills and lost wages that are common to most motor vehicle accident claims, but also the likes of pain and suffering, emotional distress, and property damage. An experienced Carlsbad car accident lawyer can help you estimate the value of your damages so you know what to pursue when studying, countering, and accepting offers from insurance companies.
- Proving liability can be challenging. Proving fault for a car accident is not always easy, and a negligent party can have certain defenses in their case that may allow them to possibly minimize their role in a crash. A skilled car accident lawyer in Carlsbad can investigate the facts of your crash and secure the evidence needed to support claims that another party was at fault.
Proving Liability After A Car Accident In Carlsbad
When car accidents occur in no-fault states, people can file claims with their own insurance companies. However, since California is a fault state, people can file claims with insurers for negligent drivers.
Minimum liability insurance requirements under California Insurance Code §11580.1b include $30,000 for death or injury to one person, $60,000 for death or injury to more than one person, and $15,000 for damage to property. If the California Department of Motor Vehicles (DMV) does not receive proof of insurance for a vehicle, it can suspend the vehicle’s registration, and the vehicle cannot be operated or parked on public roadways until proof of insurance is submitted.
California also honors comparative fault. This allows injured victims to file claims regardless of their degree of fault for a crash, unlike contributory negligence. The drawback of comparative negligence is that the compensation they may be awarded could be reduced depending on how negligent they were.
For example, a person who recovers $100,000 for a car accident for which they were 55 percent at fault will have their award reduced by $55,000 and ultimately receive $45,000. Since comparative negligence might be used to shift blame onto them and potentially minimize their compensation, injured parties planning on pursuing legal action following a car accident may wish to start collecting evidence that supports their case as soon as they’re able.
Common kinds of evidence people often obtain in these cases include, but are not limited to:
- Police reports
- Insurance policies for all drivers
- Photographs of a crash site
- Video surveillance
- Medical records
- Vehicle repair bills
- Witness statements
People who can collect proof that another driver was at fault for their crash may be able to pursue compensation that more accurately reflects their losses, even in cases where they’re found to be partially liable for their injuries. A skilled lawyer can assist you with this task.
Are You Allowed To Represent Yourself In A Car Accident Case?
You are under no obligation to retain legal counsel for your car accident case. However, it can still be worth enlisting the services of an experienced personal injury attorney.
The legal nuances involved in negotiating with insurance companies alone can be difficult to keep in mind if you’re not familiar with them. As a result, you may end up accepting a settlement offer that is not sufficient to cover your expenses following an accident.
Pursuing a personal injury claim also involves gathering evidence to establish negligence and potentially preparing for litigation if your case needs to be brought to court. You’re likely to avoid a significant amount of uncertainty by working with a skilled personal injury attorney right from the start.
How Carlsbad Car Accident Lawyers Evaluate Their Cases
There can be numerous complications in injury cases stemming from car accidents. Consulting with an experienced lawyer can help you understand all of the different hiccups that may occur during the claims process. The insurance policies of all drivers involved in a collision certainly play a major role.
With our skilled Carlsbad car accident lawyers, our clients gain assistance with accessing the following:
- Copies of other policies, such as a review of personal injury protection (PIP), uninsured motorist, underinsured motorist, or comp and collision payments covering injuries in car accidents and personal injury claims.
- Witness examinations that can help prove types of damage.
- Copies of California Highway Patrol (CHP) or metro police reports and Caltrans traffic safety studies.
- Initial demands for insurers to accept legal liability for damages from an accident and seek coverage on a case-by-case basis.
How Contingency Fees Work For Our Personal Injury Lawyers
Our Carlsbad car accident lawyers work on contingency fee agreements, which are designed to help injured victims concerned about their ability to pay for legal representation. Under these arrangements, an attorney only gets paid a predetermined percentage of a final award.
In other words, clients will not owe our firm any attorney’s fees unless our Carlsbad personal injury lawyer successfully helps them pursue compensation. Note that they may still be responsible for litigation costs and expenses, which we discuss in detail before we begin working on their case.
Types Of Carlsbad Car Accident Injuries
Car accidents in Carlsbad have the potential to cause injuries and fatalities. They can involve not only the occupants of other motor vehicles but also pedestrians, bicyclists, and other road users. Some of the most common kinds of injuries in these cases include:
Neck Injuries
Common neck injuries include ruptured discs, broken or fractured necks, nerve compression, herniated discs, or radiculopathy. They may result in severe discomfort and pain. Medication, physical therapy, and even surgery might be necessary to alleviate discomfort.
Broken Bones
Fractures stemming from car accidents are likely to be traumatic fractures. In some cases, serious fractures require reconstructive surgery and the insertion of pins, plates, and screws, which require longer hospital stays, rehabilitation, and sometimes further surgery. Bone fractures generally include simple fractures and compound fractures.
Simple fractures or closed fractures are broken bones that remain within the body and do not penetrate the skin. Compound fractures or open fractures, on the other hand, are broken bones that penetrate through the skin and may expose the bone and deep tissues to the exterior environment.
Closed Head Injuries
A closed head injury is trauma to a person’s head that does not cause a break in the skull. Symptoms may include headaches, nausea, and vomiting, lightheadedness, feeling very sleepy, weakness or numbness in the arms or legs, problems with memory or focus, double vision or blurry eyesight, problems speaking, changes in mood or behavior, seizures, and loss of alertness.
Mild closed-head injuries can involve treatment that requires mental and physical rest to give the brain time to heal; however, a moderate or severe closed-head injury may require emergency care. This includes supportive care, such as oxygen, IV fluids, and nutrition therapy.
Joint Injuries
Among the most common injuries of the joints are bursitis, osteoarthritis, dislocations, fractures, gout, osteoporosis, and rheumatic disorders, such as ankylosing spondylitis and rheumatoid arthritis.
Disfigurement
Some car accident injuries can cause severe disfigurement. Common causes include severe burn injuries, facial injuries, and limb loss.
Amputations
The loss of any limb can significantly impact a victim’s physical and psychological well-being.
Spinal Injuries
A spinal cord injury damages the nerves and cells that send and receive signals from your brain to and from the rest of your body. It can result from a direct injury to the spinal cord itself or from damage to the tissue and bones (vertebrae) surrounding it. An incomplete spinal cord injury refers to a spinal cord that can still transmit messages to and from the brain to the rest of the body. In contrast, a complete spinal cord injury involves no nerve communication and motor function (voluntary movement) below the trauma site.
Organ Damage
Internal organs are often a serious concern after motor vehicle crashes because these injuries are often hidden and can only be detected by medical professionals.
Eye Injuries
There is always the possibility that car accidents end up affecting a person’s eyesight.
Hearing Loss
The National Highway Traffic Safety Administration (NHTSA) reports that 38 percent of a sample population reported having hearing loss, while moderate hearing loss and hearing loss in the right ear were both associated with increased crash risk.
Muscle Injuries
Torn or stretched muscles in the shoulders, lower back, or other parts of the body may be possible after a car accident.
Ligament Injuries
There are four major ligaments in the knee:
- The anterior cruciate ligament (ACL) in the center of the knee controls rotation and forward movement of the tibia (shin bone).
- The posterior cruciate ligament (PCL) in the back of the knee controls the backward movement of the tibia.
- The medial collateral ligament (MCL) gives stability to the inner knee.
- The lateral collateral ligament (LCL) gives stability to the outer knee.
Nerve Damage
Peripheral nerves send messages from the brain and spinal cord to the rest of the body. They consist of fibers called axons that are insulated by surrounding tissues. These nerves are fragile and capable of being easily damaged. A nerve injury can affect the brain’s ability to communicate with muscles and organs. Damage to the peripheral nerves is known as peripheral neuropathy.
All of the injuries listed above are common claims that car accident lawyers handle. Still, it is possible for victims to experience mental or psychological effects after their crashes. Such concerns may lead to grounds for compensation based on pain and suffering, emotional distress, and other related factors.
Common Kinds Of Car Accidents In Carlsbad
The team of Carlsbad car accident lawyers at Arash Law, founded by Arash Khorsandi, Esq., has experience handling a wide variety of car accident cases. Some of the types of collisions we see most frequently include, but are not limited to:
- Rear-end collisions
- Head-on collisions
- Side-impact collisions
- Sideswipe collisions
- Single-vehicle collisions
- Multi-vehicle collisions
- Rollover accidents
- Blind spot accidents
- Low-speed accidents
- Merging accidents
- T-bone accidents
- Distracted driving accidents
- Drowsy driving or driver fatigue accidents
- Driving under the influence (DUI) accidents
- Speeding accidents
- Reckless driving accidents
- Intersection accidents
- Interstate accidents
- Construction accidents
- Angle collisions
KFMB-TV reported that Palomar Airport Road and Paseo Del Norte in Carlsbad ranked 136th on a list of accident-prone locations ranked under the Statewide Integrated Traffic Records System (SWITRS).
Not all car accidents necessarily fit into a neat description of the kind of crash that occurred, so do not worry if you cannot describe yours in a single-sentence summary. You can address any concerns you may have when seeking legal and medical help after a car accident.
Road Safety Tips In Carlsbad
People can make all kinds of efforts to drive more safely in California, but they cannot control the actions of others. It remains important for all people to do what they can to reduce the likelihood of collisions because such efforts can help reduce the number of accidents in the Carlsbad area.
Some road safety tips you can consider when driving in and around Carlsbad include:
- Do Not Drive Under the Influence — California state law establishes that a person cannot drive when they have a blood alcohol concentration (BAC) of 0.08 percent or higher if a person is over 21 years old. It is illegal for a person who is under 21 years old to have a BAC of 0.01 percent or higher. Moreover, a person who is on DUI probation cannot have their BAC at 0.01 percent or higher. Meanwhile, a person who drives a vehicle that requires a commercial driver’s license cannot have their BAC at 0.04 percent or higher. Lastly, it is illegal for a person who is driving a passenger for hire to have a BAC of 0.04 percent or higher.
- Avoid Driving Late at Night or Early in the Morning — DUI accidents are more likely to occur during these times.
- Limit Distractions While Driving — This is especially true when it comes to cell phones. Never text while driving or try to operate your smartphone while you are behind the wheel.
- Maintain a Safe Distance Between Your Vehicle and Other Cars — Try to keep at least a car length between your car and any others. Following too closely can be considered tailgating.
- Wear Seat Belts While in Motor Vehicles — The National Safety Council (NSC) estimates that 374,276 lives were saved by wearing seat belts between 1975 and 2007.
People can also help themselves by simply becoming more familiar with many of the local roads in the Carlsbad area, so they can be better aware of what to expect in certain vicinities.
Car Accident Statistics In California
The California Office of Traffic Safety (OTS) reports that there were 333 fatal and injury collisions and 284 DUI arrests in Carlsbad in 2020. The total includes 50 alcohol-involved crashes, 76 speed-related crashes, 18 motorcycle accidents, and 12 pedestrian accidents.
Carlsbad also saw 13 hit-and-run collisions and 27 accidents occurring at night between 9:00 P.M. and 2:59 A.M. Accidents involving drinking drivers included five accidents in which the drinking driver was less than 21 years of age and 17 crashes in which drivers were 21 to 34 years of age.
Two accidents involved pedestrians less than 15 years of age, while one accident involved a pedestrian more than 65 years of age. Four accidents involved bicyclists less than 15 years of age.
Settlement in a motor vehicle accident involving a ride share company; client suffered spinal injuries
– JUDD ROSS ALLEN
Common Causes Of Car Accidents In Carlsbad
There is a wide variety of possible causes of motor vehicle accidents. Working with an experienced automobile accident attorney in Carlsbad can help you discover why a crash occurred in your particular case.
The independent investigation into a car accident is one of the main strategies our Carlsbad lawyers use to review all of the available evidence. They may also work with experts in the field to further support your case. Many accidents are the result of a simple act of negligence by one driver, but it can be difficult to prove examples of negligence in some cases.
Some of the most common causes of car accidents our firm is familiar with include, but are not limited to:
Drunk And Drugged Driving
The Centers for Disease Control and Prevention (CDC) reports that 9,288 people died in crashes involving alcohol-impaired drivers in California between 2009 and 2018. California’s impairment rates were lower than the national averages for drivers under 20 years of age, drivers 21 to 34 years of age, and drivers 35 years of age or older.
California DMV statistics show 124,141 total DUI arrests in 2019, far less than the 208,531 a decade prior. California had 27,333 alcohol-involved crash injuries and 1,187 alcohol-involved crash fatalities. Moreover, there were 2,998 drug-involved crash injuries and 798 drug-involved crash fatalities.
Inattentive Or Distracted Driving
The way smartphones have become so intertwined with our daily lives means that these devices are generally the first thing people think of when it comes to distractions while driving. People should actively try to avoid doing anything on their phones while behind the wheel.
Distractions are typically divided into three categories: Visual distractions take your eyes off the road. Manual distractions take your hands off the wheel. Lastly, cognitive distractions take your mind off driving. The most common examples of distracted driving include:
- Sending a text message
- Using a cell phone
- Using a navigation system
- Eating while driving
- Talking to passengers
- Grooming
- Reading maps
- Watching a video
- Adjusting a radio or other listening device
One common challenge in a distracted driving case is getting proof of another driver being distracted. Our experienced Carlsbad car accident lawyers know how to subpoena a driver’s phone records, if necessary, if they need to ascertain whether that driver was using their mobile phone at the time of a crash.
Aggressive Driving
California Vehicle Code § 23103 is the state’s reckless driving law, which applies largely to instances of aggressive driving. This is also known as road rage. A person commits a reckless driving offense when they drive a vehicle upon a highway in willful or wanton disregard for the safety of persons or property.
The insurance company Progressive notes that NHTSA’s definition of aggressive driving is “a combination of moving traffic offenses to endanger other persons or property.” Examples of aggressive driving can include people who are:
- Speeding
- Dodging in and out of traffic
- Passing on the right
- Running stop signs or red lights
- Tailgating
- Cutting other drivers off or ignoring the right of way
- Frequently changing lanes
- Turning without signaling
- Cutting other drivers off
- Braking suddenly
Another driver receiving a ticket for aggressive driving can be evidence of negligence in some cases.
Driver Fatigue
According to the CDC, about 1 in 25 adult drivers 18 years or older experienced falling asleep while driving during the last 30 days. Additionally, the NHTSA estimated that drowsy driving caused 91,000 crashes and resulted in 50,000 injuries and almost 800 deaths in 2017.
Compensation For Car Accidents
Many people involved in car crashes in Carlsbad may pursue compensation intended to repay them for the various costs incurred after car accidents.
One of the first concerns many people may have is their ability to return to work. Car accident injuries can potentially leave them unable to work again for several months or even years. In these cases, they might be able to seek compensation that covers the wages they lose or the vocational training they may require to secure new employment.
There are also many cases in which injuries dramatically change the lives of the people who suffer the injuries, as some people may need to make certain modifications to their homes to deal with disabilities. Some people may also need to hire caretakers for regular assistance with daily functions.
Arash Law and its team, managed by Arash Khorsandi, Esq., are ready to help assess damages incurred in car accidents and seek settlements based on that information. When you work with our skilled Carlsbad car accident lawyers, we can help you understand your rights and what evidence may be needed to support your case. We can also estimate the potential value of the compensation that might be available to you.
Certain car accidents in Carlsbad can result in people filing lawsuits in the hopes of seek compensation for their expenses. In this case, they will have to prove the following:
- Another driver owed a person a duty of care.
- The other driver breached their duty of care.
- The breach of duty caused a person to suffer injuries.
- The injuries can be compensated through damages.
Many car accident cases do not go to trial because of the high litigation costs that may be involved. However, the possibility still needs to be accounted for because lawsuits are a common option when settlement negotiations stall or are otherwise unproductive.
Filing A Carlsbad Car Accident Lawsuit When Victims Are Partially At Fault
Under California’s comparative negligence system, accident victims may still file a claim, even if they’re partially at fault for their injuries. However, any potential settlement they’re awarded might be reduced by their percentage of negligence in an accident.
This reduction means you can file a car accident injury claim even when you were primarily at fault. For example, if you wanted to recover $100,000 from a car accident case, wherein the court determined you were 90 percent at fault, your potential award may decrease to $10,000 only.
Damages In California Car Accident Lawsuits
Following a car accident, people may be eligible for various compensatory damages that are often divided into four types: special damages, general damages, wrongful death damages, and punitive damages.
Special Damages
Special damages, better known as economic damages, usually involve tangible costs that can be calculated and proven. Common kinds of economic damages include:
- Medical bills
- Lost wages
- Property damage
- Costs of any necessary future medical care.
- A decrease in earning capacity
- Any other out-of-pocket expenses, such as transportation to and from a doctor’s appointments.
General Damages
General damages are more non-economic in nature, meaning they are far more subjective and difficult to quantify. Non-economic damages may include:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Disability
- Disfigurement
- Loss of enjoyment of life
Wrongful Death Damages
Wrongful death damages apply only in cases involving fatal car accidents. Only certain dependents or others with legal interests in the property of the deceased may pursue wrongful death damages.
Punitive Damages
Punitive damages are generally rare in personal injury cases. They are awarded to punish at-fault parties who caused car accidents through extremely negligent or recklessly indifferent actions. For example, they may apply to cases involving drunk driving.
Contact A Knowledgeable And Experienced Carlsbad Car Accident Lawyer
Did you recently suffer serious injuries or the untimely passing of a loved one due to a car accident in the greater Carlsbad area of California? Consider speaking to the dedicated Carlsbad car accident lawyers at Arash Law, spearheaded by Arash Khorsandi, Esq. Our firm regularly handles these kinds of cases.
Our team of skilled car accident lawyers in Carlsbad focuses specifically on handling these types of personal injury claims, which we consider an area of great importance to us. We’ll work with you to understand your legal options and potentially pursue the compensation you may be entitled to under the law.
You can call (888) 488-1391 or contact us online to schedule a free initial consultation and discuss your case.
Our Carlsbad car accident law firm serves many surrounding areas of Carlsbad, including Vista, Oceanside, San Marcos, Encinitas, Escondido, Solana Beach, Poway, Fallbrook, Temecula, San Clemente, Ramona, Murrieta, San Juan Capistrano, Dana Point, San Diego, and Wildomar.
