San Diego Car Accident Lawyers
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San Diego Car Accident Lawyers Guiding You Through Your Legal Options
If a negligent driver has injured you, you need an auto accident lawyer in San Diego. Injury victims may have the legal right to seek compensation from the person or company that caused their injuries.
Ideally, this compensation must reasonably account for the full value of a victim’s losses, including pain and suffering, the loss of enjoyment of life, and other intangible losses that occur after a severe injury.
You don’t have to handle the insurance claims process on your own. Let an experienced San Diego accident lawyer help you pursue the compensation you may be eligible for so you can focus on recovering from your injuries. During your free initial consultation, we can provide you with an honest assessment of the potential financial compensation available in your case.
While it is possible to file a lawsuit on your own, an attorney can provide valuable guidance throughout the legal process. Our attorneys have experience handling similar cases in your area. We can assess whether a settlement offer is fair and determine whether additional negotiation or litigation may be appropriate. Evidentiary problems, witness credibility, and many other factors are considered when a lawyer assesses your risk at trial.
Our dedicated legal team serves clients in Chula Vista, National City, Lemon Grove, La Mesa, El Cajon, Santee, Lakeside, La Jolla, Torrey Pines, Rancho Peñasquitos, and Poway.
Our client was driving with his wife and son on a two-lane highway when a drunk driver crossed the double yellow lines, causing a head-on collision that claimed the life of a loving wife and mother.– Arash Khorsandi
Why San Diego Has So Many Auto Accidents
Many people are attracted to San Diego’s sunny shores. Our year-round sunshine and beautiful beaches maintain our thriving tourism industry. Little Italy, the Gaslamp District, and other attractions also bring tourists inland from the beach to enjoy San Diego’s attractions. In addition to tourism, San Diego’s economy is strengthened by the strong military presence here.
We also enjoy the presence of several major universities. The University of San Diego, San Diego State University, the University of California at San Diego, San Diego City College, Mira Costa College, and San Diego Mesa College are just some public universities that call San Diego home. We also host many private universities, including Point Loma Nazarene University, Grossmont College, the Design Institute of San Diego, Horizon College, Ashford University, California Miramar University, and John Paul the Great Catholic University. All these schools bring students, professors, lecturers, administrative staff, and visiting faculty to the San Diego area.
We are lucky to enjoy a thriving tourism industry, diverse employers, and many academic institutions. But of course, this all leads to heavy traffic throughout the greater San Diego area. The more traffic there is, the more likely it is that collisions will occur. San Diego residents know the tricky spots on the I-5, which is often congested from downtown near the airport up the coast through La Jolla.
What To Do After Getting Injured In A San Diego Motor Vehicle Accident
A motor vehicle collision can be a terrifying experience. You might feel overwhelmed and unsure about what to do next. Consider following these steps to help you stay safe on the scene of an accident (while still protecting your legal rights).
Get To A Safe Location
The most critical consideration after any car accident is your immediate safety. Many accidents lead to subsequent accidents, where oncoming traffic hits the vehicles that are in the roadway. Sometimes drivers are rubbernecking instead of paying attention to the road. And sometimes bystanders get in the way of the accident or rescue efforts. In any event, it is vital to get out of danger.
Call 911
The California Vehicle Code requires motorists to report any accident that results in injury or death. Even if the accident only caused property damage, you are still required to exchange information. You do not know the extent of the damage when an accident first occurs. You also do not know if the other driver will try to flee the scene or give you false information.
Of course, it is also essential to call 911 because you do not know who has been injured in the accident. Even if you do not feel hurt right away, you might still require urgent medical attention. Some injury victims are in shock and are not aware of their injuries right away. Other injuries, such as internal bleeding, can only be identified by a qualified medical professional.
Take Photos Of The Scene And Vehicles
Now that we all carry smartphones with us at all times, it is easier than ever to collect evidence at the scene of an auto accident. Your immediate priority is to get medical attention and cooperate with law enforcement officers who respond to the scene of the accident. Once you have done this, it is helpful to get photos of the accident scene. Document the damage to the vehicles.
You can also use your phone to get the other driver’s information. Take photos of their insurance card or driver’s license. Get a picture of the license plate; if the driver later tries to hit and run or deny being involved in the accident, the police will have a way to track down the vehicle’s owner.
Seek Medical Attention Right Away
Many accident victims feel that they do not need to leave the scene of the accident in an ambulance. If this is the case, you should still get medical attention as soon as possible. Many injuries are latent (meaning they do not show up right away). For example, a small bleed in your brain might initially appear as confusion in the wake of the accident.
If you prefer to follow up with your primary care provider, you must not wait too long to do so. Some doctors might be able to see you on the same day as the accident. But if your doctor does not have an appointment available for several days or weeks, you should not wait this long to be examined. An urgent care facility or ER can at least determine if you have any injuries that need immediate intervention.
Avoid Discussing The Accident With Anyone Other Than Law Enforcement
Other drivers and bystanders will likely try to talk to you at the scene of an accident. It is fine to coordinate with emergency services, move your vehicles out of the road, and address other urgent issues that contribute to the safety of everyone. However, what you should not do is discuss what happened to cause the accident. Do not discuss fault. Do not accuse the other driver of causing the accident. Your insurance companies and lawyers will resolve these issues later. Discussing them on the scene could make a tense situation more stressful. Furthermore, it could make it more difficult for you to seek the compensation that may be available to you.
Consult An Experienced San Diego Auto Accident Attorney
Your legal rights are at stake the second you become injured in an accident. Anything you say to the other driver or bystanders could be used against you later in your personal injury case. A quick call to an attorney when you’re safe to do so can help facilitate a smoother claims process. A lawyer may be able to guide you on how to protect your right to compensation while your claim is pending.
What Your Attorney Will Do To Help You Pursue Compensation
Some injury victims choose to handle their personal injury claim without the help of an attorney. While it is certainly your right to do so, you should know the risks involved. Our attorneys can help you avoid the pitfalls of the claims process. Your attorney can assist you in seeking compensation that reflects the extent of your injuries by doing the following:
Assess Liability
The person (or company) who caused your injuries has a legal obligation to compensate the victim if their negligence led to injuries. This obligation is why insurance companies investigate who was “at fault” (liable) for an auto accident. Often, a negligent driver is found to be liable. However, it could also be a company. For example, if an auto manufacturer sold you a car with faulty brakes, the company would be responsible for the damages that occurred due to the defective brakes.
The most common scenario involves a negligent driver who is at fault for causing an accident. This fault is measured against the standard of a “reasonably prudent driver.” If a reasonable driver would slow down or yield the right of way, then a driver is negligent for failing to do so. There are many things a driver can do to be considered negligent. Here are some of the most common examples:
- Being distracted by mobile devices, navigation programs, children, pets, eating, or anything else that diverts the driver’s attention from the road.
- Speeding (or driving too fast for current conditions, such as rain).
- Tailgating and other aggressive driving behaviors.
- Driving while under the influence of drugs, alcohol, or prescription medications.
- Failure to follow traffic rules (running a stop sign or failing to use a turn signal).
Liability can also be assigned to more than one driver. In this case, each driver is deemed to be partially at fault for the accident, measured by percentage. In this case, each driver’s compensation will be reduced by their percentage of fault.
Largest motorcycle settlement in Tulare County in 2021; client suffered spinal and wrist injuries.– Judd Ross Allen
Identify All Potential Sources Of Compensation
There are many different types of compensation that apply to auto accident cases. Retaining a lawyer can help you build a case that accounts for the damages you may be eligible for.
In a car accident, auto insurance is the most common source of compensation. However, there are other types of insurance that might apply to your situation. For example, if you are involved in an auto accident while running a work errand, you may be entitled to workers’ compensation coverage.
Understand Your Injuries And Explain Them To A Claims Adjuster Or Jury
A good lawyer must understand your injuries. Without understanding how you have been injured, an attorney cannot explain how these injuries have impacted your life. The consequences of your injuries will contribute to the potential compensation you may seek for pain and suffering (which is often the most significant component of a personal injury award). If you are negotiating with the defendant’s insurance company, your San Diego personal injury attorney will need to explain your injuries to the claims adjuster.
The most important explanation of your injuries will come at trial. If a fair settlement offer isn’t reached, your attorney may advise you to file a personal injury lawsuit against the defendant. Sometimes, having filed a lawsuit is enough to get the insurance company to rethink its settlement offer. Other times, however, you must proceed through the case process.
Here are some of the most common injuries:
- Head injuries (concussions, bleeding in the brain, comas, or permanent personality changes or loss of cognitive function).
- Internal bleeding or other damage to your internal organs.
- Broken bones.
- Nerve damage and paralysis (temporary or permanent).
- Whiplash.
- Spinal cord injuries.
- Sprains, strains, and other muscle damage.
Assessing The Value Of Your Claim
One of the most common questions our lawyers are asked is, “How much will I get for my injuries?” The answer to this question depends on many different things. First, it is essential to understand the various harms and losses you may incur:
- Property damage (to your vehicle, mobile device, or any other property that was damaged through the defendant’s negligence).
- Medical bills (including over-the-counter medications, medical devices, and additional costs).
- Future medical expenses.
- Lost wages, commissions, employment benefits, and other lost income.
- Any decrease to your future earning capacity, including if the accident renders you unable to work as much as before the accident.
- Any modifications that must be made to your home to accommodate permanent disabilities.
- The loss of enjoyment of life.
- Your pain and suffering in connection with your injuries.
Some of these expenses are easy to document. You will usually have receipts for your medical expenses. Your employer can easily record the number of hours you missed from work due to the accident. However, other costs are less clear.
For example, if you have future medical expenses and lost income, these costs must be projected by an expert witness. It typically requires the collaboration of a life care planner, a medical professional, a vocational planner, and an economist to determine the care you will need and what it can be expected to cost.
Some of your losses are even less certain. What, for example, is the fair value that will compensate you for missing a significant life event like a graduation or wedding? What if you are permanently disabled and unable to hold your children? What if you must give up a sport or hobby that was a big part of your life?
All of these are genuine and painful losses, and the law requires a negligent defendant to compensate you for them if you prove your claim. However, some parties may attempt to dismiss the value of these losses. This fact is why some personal injury victims choose to take their case to court. An experienced auto accident lawyer will present the facts of your case in a way that helps the jury understand the full value of your claim.
Explore Your Options If An Uninsured Or Underinsured Motorist Hits You
Like other states, California has enacted laws that require drivers to carry auto insurance. This insurance is liability coverage that protects others from the driver’s negligence. Unfortunately, some drivers choose not to follow the law and drive without the minimum coverage required.
Others do have auto insurance, but only in the minimum amounts required. An optional coverage on your auto insurance policy is uninsured and underinsured motorist coverage (UM/UIM). If you have this coverage, your auto insurance policy may cover you if you are hit by a driver who has no insurance or lacks enough insurance to compensate you for your losses entirely.
A San Diego car accident lawyer can help you file this claim and seek coverage from your own insurance company. As you can see, there are many options to explore if a driver hits you with little or no auto insurance coverage.
Consult an experienced car accident attorney about your particular situation to see what coverage might be available to you.
Contact Our Experienced San Diego Car Accident Lawyers
After an accident, you may be searching the internet for “San Diego car accident attorneys near me.” While we don’t want to be presumptuous and claim to be the best, our car accident lawyers in San Diego have the experience and resources to represent your interests.
At Arash Law, we handle personal injury cases for clients throughout California. Our San Diego auto accident lawyers have decades of experience. We know how to negotiate with insurance companies. You can also turn to us for legal representation in court, if necessary. Call (888) 488-1391 or complete our “Do I Have A Case?” form to schedule your free initial consultation.
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