San Francisco Car Accident Lawyers
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Our San Francisco Car Accident Lawyers Offer Clear Legal Guidance After A Crash
As San Francisco’s population and traffic continue to grow, so does the number of motor vehicle accidents. If you’ve been injured in a collision, you don’t have to navigate the aftermath alone. Our San Francisco car accident attorneys at Arash Law, founded by Arash Khorsandi, help victims understand their legal options and pursue compensation for their medical bills and related losses. Call us at (888) 488-1391 for a free initial consultation.
The city of San Francisco is located in Northern California and is the state’s fourth-largest city, with a population of approximately 808,437. The entirety of the San Francisco Bay Area includes nine counties, making it the second-largest statistical area in the state, behind only the Greater Los Angeles Area.
Like much of California, San Francisco is known for its warm climate and cool currents flowing in from the Pacific Ocean. As such, not only is it a popular residential area, but it is also a popular tourist attraction. According to the San Francisco Travel Association, about 21.5 million people visited the city in 2022, a 26.5% increase from 2021, which totaled 17 million visitors. The city of San Francisco benefited economically, with an estimated $6.7 billion spent.
San Francisco’s unique terrain, with its steep rolling hills and dense urban layout, contributes to a higher risk of traffic accidents. In addition to vehicle collisions, many accidents involve pedestrians, as walking and public transportation are common modes of travel throughout the city.
In 2022, the City and County of San Francisco reported that there were 32 traffic fatalities in 2016, the same number of accidents that were reported in the previous six years. Vision Zero San Francisco reported that 38 collisions resulted in 39 deaths in 2022. According to the California Office of Traffic Safety (OTS), there were about 3,516 total injuries and fatalities in San Francisco County in 2020 alone. This total includes 562 hit-and-run accidents, 674 speed-related accidents, and 359 alcohol-related accidents.
If you have been involved in an auto accident in the San Francisco area, our injury lawyers at Arash Law offer legal representation and support. We have years of combined experience handling a wide variety of personal injury cases and assisting clients with insurance company negotiations and the legal process.
Our team can manage the legal aspects of your case, allowing you to focus on your recovery. We work to address the complexities associated with car accident cases and aim to help our clients pursue compensation that reflects their actual injuries and losses.
Depending on the specifics of your case, you may be able to seek financial compensation for property damage, medical bills, lost income, or future losses that are related to the accident. If you suffered an injury in an auto accident, contact us at (888) 488-1391 to schedule a free, no-obligation case evaluation.
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
San Francisco Auto Accident Statistics
According to the California Office of Traffic Safety, the number of traffic fatalities in San Francisco decreased by about 5%, from 3,798 (2018) to 3,606 (2019). Additionally, alcohol-related fatalities decreased about 4.5%, but drug-related accidents saw an uptick of eight percent.
Pedestrian fatalities involving people 65 years old and up saw an increase of 1.9% during this period. The annual report of Fatal and Injury Motor Vehicle Traffic Collisions (2019) shows that 3,737 people were killed and almost 270,000 people suffered an injury. In total, there were 187,211 injury accidents and 3,438 fatal accidents that year.
Moreover, the OTS also reported that in the city of San Francisco, there were a total of 2,777 injuries and fatal auto accidents. This total comprises 486 hit-and-run accidents, 434 speed-related accidents, and 259 alcohol-related accidents. The National Safety Council (NSC) showed that there was a 16% rise in motor vehicle fatalities in the first half of 2021 as people returned to the road following the COVID-19 shutdown.
As determined by the NSC, California saw about 1,523 fatalities in 2020, 1,848 in 2021, and 1,987 in 2022. These figures show an 8% increase between 2021 and 2022 and a 30% rise between 2020 and 2022.
According to the 2020 Crash Data on California State Highways, over 53,000 rear-end crashes happened, along with almost 31,000 sideswipes and over 6,000 broadside accidents. The Insurance Institute for Highway Safety (IIHS) also reported 3,558 fatal crashes in 2020, including 3,847 deaths.
Finally, the National Highway Traffic Safety Administration (NHTSA) shows that 42,915 people were killed in motor vehicle accidents in 2021. This was a 10.5% increase from 2020, which had a total of 38,824 fatalities.
If you or a loved one has suffered an injury in a traffic accident, our San Francisco car accident lawyers can help you understand your legal options.
Busy Roads In San Francisco
The city of San Francisco is one of the few cities in the United States that has arterial thoroughfares instead of abundant highways. Arterial thoroughfares are defined as high-capacity roads in urban areas that are necessary due to San Francisco’s population and geography. Because these arterials often lead to heavy traffic congestion, the average congestion time is 6.6 hours on roadways, according to the mobility data of the San Francisco-Oakland area.
The busiest roads and bridges throughout the city include:
- Fell Street, Lincoln Way, and Fulton Street
- Van Ness Avenue
- 19th Avenue
- Geary Boulevard
- Grant Avenue
- California Street
- Market Avenue
- Park Presidio Boulevard
These arterial roadways can pose threats to drivers, bicyclists, and pedestrians. If you have been involved in a traffic accident in these areas, speak to car accident lawyers in San Francisco about your legal rights.
Causes Of San Francisco Auto Accidents
An accident can happen for many reasons. Most often, however, they are caused by negligence. Below are some of the common causes of traffic collisions in San Francisco:
- GPS Usage — Drivers using navigation devices may momentarily look away from the road, increasing the risk of a collision.
- Speeding — Driving too fast, especially in poor weather conditions, can cause a driver to lose control of the vehicle, leading to an accident.
- Tailgating — Following another vehicle too closely can reduce reaction time and increase the chance of a rear-end collision.
- Talking to Passengers — Turning to speak with passengers, especially those in the back seat, can take a driver’s eyes off the road.
- Adjusting Car Controls — Distracted driving can be caused by adjusting the inside controls of the vehicle, including the music, temperature, or other dashboard controls.
- Personal Grooming — Activities like combing your hair, applying makeup, or even wiping your face while driving require taking your hands off the wheel and your eyes off the road, which can lead to accidents.
- Zoning Out — Fatigue, stress, or preoccupation can cause drivers to mentally disconnect from the task of driving.
- Lack of Attention Paid to the Road – Numerous accidents are caused by drivers not paying attention to the road. Visual distractions like billboards, unfamiliar road signs, or even scenic views can reduce awareness of other vehicles, pedestrians, or hazards.
- Driving Under the Influence — Operating a vehicle while impaired by alcohol or drugs severely affects judgment, reaction time, and motor skills. DUI-related accidents often result in serious injury or death and carry significant legal consequences.
- Road Rage — Aggressive behavior like yelling, making hand gestures, or erratic driving due to anger can lead to serious accidents.
- Vehicle Defects and Recalls — Some accidents are caused by mechanical failures due to manufacturing defects. If a vehicle part, such as brakes, steering, or airbags, malfunctions, the driver may lose control of the vehicle, potentially leading to a collision. Auto manufacturers are legally required to issue recalls for known defects, but not all drivers respond to them in time.
Under California law, any person who suffers an injury in an auto accident may be able to pursue a lawsuit against the liable party or parties. Legal rights and options following an accident vary with each situation. Consider consulting our San Francisco car accident attorneys to learn more about your legal rights after an accident.
Common Auto Accident Injuries
Car accidents can result in anything from minor bruises and cuts to severe injuries and even death.
Below are some of the commonly sustained injuries in a car collision:
- Broken Bones — Broken bones or fractures often occur when a driver collides with another vehicle, causing them to be ejected from the vehicle.
- Road Rash — Road rash can be sustained when a driver is ejected from a vehicle and slides across the road. The injury typically occurs in the hands, arms, knees, or legs and can lead to infection if not treated properly.
- Spinal Cord Injuries — Spinal cord injuries can lead to brain trauma or paralysis.
- Internal Organ Injuries — Sometimes, internal bleeding and organ damage can result from an accident.
- Brain Injuries — Brain injuries can also occur when a driver has been struck in the head because of the accident.
- Amputation — Severe auto accidents can sometimes result in the loss of a limb, which is known as an amputation injury. The limb must be surgically removed due to the damage being too extensive.
What To Do Following An Accident
An auto accident can be sudden and traumatic, so knowing what to do afterward can be beneficial. While each accident has its own unique set of circumstances, there are some general steps each person can take, such as:
- Get Out of Harm’s Way — If it’s safe and you’re physically able, move yourself and any passengers out of traffic and to the side of the road. This helps prevent further harm.
- Relocate the Vehicle (If Possible) — If your vehicle is drivable and it’s safe to do so, move it out of the flow of traffic to reduce the risk of another accident.
- Contact Law Enforcement — Report the accident to the police. Officers will respond to the scene, document the incident, and collect statements from those involved. Their report can serve as an important piece of evidence later.
- Take Pictures — Use your phone to take clear photos of the vehicles, visible injuries, road conditions, license plates, and any property damage. These images can support your claim.
- Collect Witness Statements — Gather the information of any person who witnessed the accident occur, including names, addresses, and phone numbers. Witness testimony can be valuable in proving fault.
- Request a Copy of the Police Report — Once the report is available, obtain a copy for your records. This official documentation can help during insurance claims or legal proceedings.
- Seek Medical Attention — Even if you feel fine, it’s important to get checked by a medical professional. Some injuries may not be immediately noticeable and could worsen without treatment.
- Contact a Car Accident Attorney — Our San Francisco car accident lawyers can provide guidance throughout the claims process and handle the legal matters of your case while you focus on recovering.
Auto Accident Claims In California
In California, injury victims may be able to file a claim to seek compensation for their losses. These claims are typically filed against the at-fault party’s insurance company and are based on the legal principle of negligence.
Negligence occurs when a person fails to act with reasonable care, resulting in harm to another. In the context of auto accidents, this might involve actions such as speeding, distracted driving, or failing to obey traffic signals.
A personal injury claim is a civil action in which the injured person (the claimant) seeks financial compensation for damages such as medical expenses, lost wages, and property damage. If you were a passenger or driver not at fault, you may need to file a separate claim with the liable driver’s insurance provider.
To file a car accident claim, evidence against the liable party will be needed. Documentation such as photos of the accident, damage, and witness statements can support the claim. Additional documents that may be required include transcripts of the medical procedures performed, transportation costs, property damage value, and proof of lost income. These materials help establish the extent of your losses and the circumstances of the accident. An insurance adjuster will review this information during the evaluation of the claim.
Our San Francisco auto accident lawyers can handle your claim and communicate with insurance companies on your behalf. We will manage the legal aspects of the process and assist with documenting your losses.
Potential Compensation In Auto Accidents
Every auto accident involves unique circumstances, which affect the types of damages that may be pursued. Generally, the amount of damages depends on the extent of harm resulting from the accident. Some claims may involve only minor injuries and result in limited compensation, while more serious accidents, such as those involving permanent disability, may involve substantial amounts.
Different damages are available depending on the crash’s circumstances. Generally, injury victims may be able to seek compensatory damages. Punitive damages are available only in rare cases.
Compensatory Damages
Compensatory damages are awarded to accident victims to repay them for their losses after a car crash. These can be tangible and intangible, and can include the following:
- Medical bills (i.e., doctor visits, surgeries, diagnostic tests, and hospitalizations).
- Cost of prescription medications.
- Loss of companionship or consortium.
- Loss of enjoyment of life.
- Current and future lost income.
- Loss of earning capacity.
- Diminished capacity.
- Physical pain and suffering.
- Decreased self-esteem due to physical scarring or disfigurement.
- Emotional pain and suffering.
- Cost of hiring professional domestic help (i.e., childcare providers and housekeeping services).
- Twenty-four-hour home healthcare.
- The cost of home modifications (i.e., wheelchair ramps or walkers).
- Cost of ongoing rehabilitative therapies (i.e., physical therapy).
- Loss of guidance and inheritance (if the accident results in wrongful death).
- Funeral and burial expenses.
Punitive Damages
Punitive damages may be available in rare cases. California law allows an injured plaintiff to pursue punitive damages if the defendant’s actions resulted from oppression, malice, or fraud. Punitive damages are not meant to reimburse a plaintiff but to punish a defendant for outrageous conduct.
Dealing With Insurance Companies
Notify the appropriate insurance company following an accident. However, caution is advised when speaking with insurance representatives. You generally need to provide only the basic details, such as the names and addresses of the involved parties, the date, time, and location of the accident. Avoid discussing fault, speculating about what happened, or providing a recorded statement until you have received legal guidance. What you say early in the process can affect how your claim is handled.
It’s also important to know that you are not legally required to speak with the at-fault driver’s insurance company. Communications with the other party’s insurer can be managed by your legal counsel to help protect your rights and interests, especially during the negotiation process.
You may receive initial settlement offers that are lower than the value of your claim. Insurance companies may use various approaches during negotiations that can affect the settlement amount. Below are some factors insurers consider during negotiations:
- Shared Fault — When more than one party is found to have contributed to an accident, responsibility may be divided among those involved. In such cases, the amount of compensation available can be adjusted based on each party’s degree of fault.
- Pre-Existing Conditions — Medical conditions or injuries that existed before the accident can influence the assessment of damages. Even if a pre-existing condition was present, the accident may have aggravated it, which can be relevant.
- Age — Certain injuries may be due to normal age-related conditions or pre-existing degeneration, which might affect how the impact of the accident is evaluated.
- Credibility — Consistency and accuracy in the information provided regarding the accident are important, as discrepancies may influence the overall assessment.
A car accident lawyer in San Francisco can assist in addressing these factors to help protect your interests throughout the claims process. They work to gather and present clear evidence that supports your version of events and document how the accident caused or worsened injuries. Additionally, an attorney can help manage communications and negotiations, working to advocate for a fair evaluation of your claim.
Are Auto Accident Settlements Taxable?
Generally, auto accident settlements for personal physical injuries are not considered taxable income and do not need to be reported as part of yearly income under federal and California tax laws. However, there are certain types of compensation that are taxable, including punitive damages, depending on the circumstances. It is advisable to discuss taxable settlement proceeds with San Francisco car accident attorneys and a tax professional to understand the specific tax implications for your case.
Will The Auto Accident Case Go To Trial?
In most San Francisco car accidents, the victim and the liable party’s insurer can reach an agreement without the case going to trial. There are some cases where an agreement cannot be reached, and in these situations, the case may go to trial.
In a trial, a jury will decide the facts of the case and the credibility of each witness. If the case reaches this point, it is important to be prepared for what to expect. Auto accident cases may go to trial if damages exceed an insurance policy’s limits or if there is a dispute over liability that cannot be resolved through settlement. Experienced car accident lawyers in San Francisco may recommend pursuing the remaining damages in court if the situation requires it.
Why Hire Our San Francisco Car Accident Attorneys
Having legal representation can be beneficial when pursuing an auto accident claim. Here’s how our San Francisco car accident attorneys can help:
- Years of Experience — Our team has handled a wide range of auto accident cases involving various types of injuries and liability issues. We understand how to navigate the legal process and insurance system, and we use that experience to support your case from start to finish.
- Case Management — We can handle the legal aspects of your claims, so you can focus on getting better.
- Case Evaluation — Our attorneys will assess your case, identify potential sources of recovery, and help you pursue compensation for your losses.
- Network of Resources — Through our established network, we can help connect you with qualified medical professionals and other support services to aid in your recovery. These resources can also provide important documentation to support your claim.
Do I Need An Attorney?
It may be worth getting a lawyer for a car accident if you are not familiar with the laws and the process of pursuing a claim. The need for legal representation after a car accident depends on the circumstances. Factors such as the presence of injuries, the severity of the impact, and any pre-existing conditions can affect the complexity of a claim. Our San Francisco auto accident lawyer can review the details of your accident and determine if you have a viable claim.
Can You Sue For An Auto Accident In California?
Yes, you can sue for an auto accident in California if another party’s negligence caused the collision and resulted in damages. The California Civil Code (CIV) 1714 sets down who can be sued after an auto accident. Also, this code establishes the right of a victim to sue the driver who failed to exercise reasonable care while driving on the road, known as negligence. To pursue a personal injury lawsuit after a car accident, four key elements must generally be proven:
- Duty of Care — Drivers owe a duty of reasonable care to other drivers and pedestrians. They have a legal responsibility to drive safely to prevent harming other road users.
- Breach of Duty — This occurs when a driver fails to exercise reasonable care, which can include failing to stop at a stop sign, running a red light, failing to yield, and speeding.
- Causation — The injured party must show that the other driver’s actions directly caused the accident and resulting harm.
- Damages — The victim must have suffered measurable harm. This can include physical injuries, property damage, medical bills, lost income, and pain and suffering. Evidence such as medical records, repair estimates, and photographs can help support a claim for damages.
Other Things To Take Into Consideration When Filing A Lawsuit
- Was there intentional misconduct?
- Was the driver uninsured or underinsured?
- Did a wrongful death occur?
- Did the accident cause pain and suffering?
Uninsured And Underinsured Motorists
An uninsured motorist is defined as a driver who does not have auto insurance to cover a loss or whose insurance company is insolvent. An underinsured motorist is a driver whose policy amount does not cover the full amount of damages needed for the victim to recover fully.
According to the California Insurance Code, the minimum liability insurance requirements for private passenger vehicles are $15,000 for injury or death to one person, $30,000 for injury or death to multiple people, and $5,000 for property damage coverage.
If the liable driver’s insurance company is only going to cover the limits of their driver’s policy, the victim may have to utilize their own auto insurance. California drivers can add uninsured and underinsured motorist coverage to their insurance policies for additional protection in these situations. Also, the victim may be able to file a lawsuit against the at-fault driver if they are uninsured or underinsured.
How Do San Francisco Car Accident Lawyers Assist With The Claims Process?
Car accident lawyers assist clients by managing the legal and procedural aspects of filing a claim after a collision. Their role can include:
- Communicating with insurance companies to handle notifications, provide required information, and help avoid common mistakes that could affect the claim.
- Investigating the accident, gathering evidence such as police reports, medical records, and witness statements, and identifying who may be legally responsible.
- Documenting losses, including medical expenses, rehabilitation costs, prescription charges, property damage, and lost income.
- Evaluating non-economic damages, such as pain and suffering or reduced quality of life, and organizing supporting information for those parts of the claim.
- Preparing and submitting demand letters that outline the claim and the compensation being sought.
- Consulting with qualified professionals when necessary, including medical doctors, psychologists, or accident reconstructionists.
- Negotiating with insurance adjusters to pursue a settlement that reflects the full extent of the losses.
- Preparing for litigation, if a fair settlement cannot be reached through negotiation.
By handling the legal aspects of the process, clients can focus on their recovery while helping their claims move forward.
Traffic Collision Report
In California, individuals involved in an auto accident that results in injuries, death, or significant property damage over $1,000 are required to contact local police, who will complete a Traffic Collision Report (TCR). This police report includes the names, addresses, contact information, and insurance details of all parties involved. A TCR also includes the police officer’s findings of the accident and can be received by submitting a written or in-person request to the police department.
Settlement in a motor vehicle accident involving a commercial agricultural defendant – client suffered spinal injuries– JUDD ROSS ALLEN
California Statute Of Limitations For Car Accident Lawsuits
According to the California Code of Civil Procedure 335.1, the statute of limitations for an auto accident claim is two years from the date of the accident. An exception to this rule is if a victim is a minor, in which case they will have two years starting when they turn 18 years old.
If an injured person has a claim of any kind against a government entity, the statute of limitations is only six months. Additionally, property damage claims have a three-year statute of limitations, while a wrongful death case’s limitation begins on the date of the person’s death.
Wrongful Death
Eligible family members of a deceased victim may be able to seek compensation from the liable party’s insurance company. While a judgment or settled claim can never replace the loss of a loved one, these can help address the losses incurred after an accident.
These wrongful death cases can be complex and may require the assistance of a wrongful death attorney to guide them in the legal process. An attorney can help the family seek accountability from the negligent party.
San Francisco car accident attorneys can gather evidence relevant to the case. They may also conduct independent investigations, collect eyewitness statements, and request witness testimony if necessary.
What To Expect During An Initial Consultation With A Car Accident Lawyer
When someone is involved in an auto accident, they can seek a free initial consultation at Arash Law. During this meeting, you can generally expect the following:
- Case Review — Our car accident attorney will review any relevant information you bring, such as police reports, photos, medical records, insurance documents, and witness statements. This helps them understand the circumstances of the accident and the potential for a claim.
- Discussion of Your Situation — You will have the chance to explain what happened, describe your injuries and damages, and discuss any concerns you have.
- Legal Guidance — Our San Francisco car accident lawyer will provide an overview of your legal options, including the process for filing a claim or lawsuit, possible timelines, and what evidence may be needed.
- Answering Your Questions — You can ask questions to better understand the process, including topics such as:
- What details will you need about the accident?
- How much time is needed to file a claim?
- Is a court appearance necessary?
- What is needed after an accident?
Save Correspondence And Collect Evidence Before Your Consultation
If a claim adjuster contacts you by letter, email, or phone, it’s important to keep all correspondence. While you may choose to respond on your own, consulting with an attorney before communicating can help you better understand your rights and avoid unintentionally affecting your case. Speaking with a car accident lawyer in San Francisco for legal guidance is recommended to protect your interests.
Before your consultation with a legal counsel, gather all evidence related to the accident to help establish liability and assess damages. This evidence may include:
- Photographs of the accident scene.
- The official police report.
- Statements from witnesses.
- Medical records.
- Bills and invoices for injury-related expenses.
Reach Out To Our Car Accident Lawyers In San Francisco
Auto accidents can be overwhelming, often causing physical injuries, property damage, and emotional and financial stress. Knowing what steps to take afterward can be confusing. Our San Francisco car accident attorneys are here to guide you through the process. From investigating to engaging with the insurance company, we will advocate for your rights and work to help you seek fair compensation for your losses.
Our attorneys at Arash Law, led by Arash Khorsandi, have decades of experience helping clients pursue legal claims for various types of personal injury cases. Our San Francisco car accident lawyers can assist with the legal process and help you make informed decisions.
Call us at (888) 488-1391 or use our online chat to schedule a free, no-obligation case evaluation.
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