Car Accidents
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San Diego Car Accident Attorney
Federal data clocks the average workday commute for a San Diego resident at just under 25 minutes. This single data point illustrates the reality that most people in San Diego are compelled to spend a significant portion of time in their cars on a regular basis. Given the often crowded nature of San Diego roadways and the significant amount of time that most Southern Californians spend traveling by automobile, it is perhaps unsurprising to learn that a significant number of the approximately three million Americans who are non-fatally injured in auto accidents each year are harmed on freeways and surface streets in and around San Diego. This frustrating reality means that if you’ve recently been injured in a car accident in San Diego County, you are unquestionably not alone.
The Centers for Disease Control and Prevention estimate that the medical costs and lost productivity costs associated with injurious auto accidents top $75 billion annually. If the injuries you sustained as a result of your recent accident were severe or catastrophic, the financial consequences of your injuries may already be impacting your family’s finances in significant ways. If you have yet to experience financial “fallout” from your injuries, you may be compelled to navigate this challenging scenario very soon. It is partially for this reason that it’s so important to connect with an experienced auto accident attorney as soon as you can following an injurious accident. Acting quickly to explore your legal options can help to ensure that the financial aftermath of your accident is as low-stress as it can possibly be.
Knowledgeable Representation, Compensation, and Peace of Mind
Our experienced legal team has handled car accident cases ranging from minor and straightforward to catastrophic and unusually complex. No matter what the circumstances surrounding your car accident happened to be, we will take no detail for granted. Our team will treat your case with the determination, dedication, and attention to detail that it deserves until it is as strong as it can be. Whether we’re negotiating a settlement with an insurance provider, pursuing fairly valued workers’ compensation benefits, or pursuing a personal injury lawsuit on your behalf, we’ll do our utmost to secure you the maximum amount of compensation to which you’re entitled under the circumstances.
Dealing with the aftermath of an injurious car accident can be a disorienting and daunting task. Know that our firm’s time-tested, client-focused, knowledgeable, and compassionate approach will help to ensure that your interests are served as fully as possible at every step along the way. This is a challenging time for you and your family; you don’t have to navigate it alone.
Investigating Causation When Car Accidents Occur
After being alerted to your legal situation, the first thing our firm will do - from a strategic standpoint – is work to determine the cause(s) of your accident. No lawyer can effectively build a solid case on a client’s behalf without understanding exactly what happened to that client and why. By determining what led to the unfolding of your injurious circumstances, we can determine which cause(s), if any, are legally actionable.
There is a seemingly endless combination of factors that can cause cars to crash. However, chances are high that at least one of the following common car accident causes served as a factor in your collision. We will take no “angle,” no detail, and no piece of evidence for granted as we search for the truth. However, as these are some of the most common causes of car accidents, we’ll likely begin searching to determine whether any of the following influencing factors served as a catalyst for your particular collision:
- Aggressive driving behavior
- Distraction
- Drowsiness
- Failure to honor proper right of way protocol
- Failure to utilize turn signals
- Ill-maintained driving surfaces
- Impaired driving
- Improper distance between vehicles
- Improper lane change maneuvers
- Slippery road conditions
- Speeding
- The presence of wild or domestic animals
- Tire problems and other potentially “invisible” auto defects
- Weather
How Fault Impacts Car Accident Case Outcomes
Once the causes of an accident have been objectively determined, our firm can evaluate who or what was at fault for every cause in question. If any of the causes are actionable, we will advise you of the potential benefits and drawbacks of filing a personal injury lawsuit against a particular defendant.
If you have strong grounds to file legal action, we’ll be able to prove the following three foundational legal criteria on your behalf. First, we’ll be able to prove that the defendant owed you a duty of care. This standard isn’t generally difficult to meet in car accident cases because all road-based travelers, auto manufacturers, and those charged with maintaining road safety owe all travelers a certain duty of care. Second, we’ll be able to prove that the defendant breached their duty of care when they behaved in negligent, reckless, or intentionally dangerous ways. Finally, we’ll be able to prove that your injuries were caused directly by the crash, which was caused (at least in a substantial way) by the defendant’s breach.
It’s important to avoid jumping to conclusions about the cause(s) of your accident, who or what may have been at fault for the collision, and whether you have grounds for legal action. Until you’ve spoken with our experienced legal team and we’ve thoroughly assessed the situation, it may be impossible to draw informed conclusions. Oftentimes, “hidden” causes and non-obvious sources of fault impact car accident cases. Similarly, the strength or weakness of the evidence available to support your claims can dramatically affect the outcome of your legal options. Therefore, you’ll want to reserve judgement about your situation until we’ve been given the opportunity to objectively evaluate your situation.
It is also important to note that California is not a contributory negligence state. This means that even if you were partially to blame for the circumstances that led to your crash, you’ll remain entitled to hold other negligent, reckless, or intentionally dangerous parties responsible for their contributions to the cause(s) of your collision. The primary consequence of learning that you’re partially at fault for your accident is that your potential compensation award value will be reduced by the percentage of fault assigned to your conduct. For example, if the value of your injury claim is $80,000 and you are assigned 25 percent of the fault for the crash, you can still hold those who are up to 75 percent at fault accountable for up to $60,000 in damages.
Communicating with Insurance Representatives
If you have been contacted by your own insurance carrier or by other insurance carriers representing the policy interests of others involved in your crash, avoid returning their calls for a day or two until you’ve attended your free consultation with our firm
Insurance providers are profitable enterprises, so they guard their bottom line when they can. If an insurance representative can use something you’ve said as an excuse to devalue or reject your claim, they will. As a result, it’s generally a good idea to allow us to negotiate on your behalf.
If Your Car Crashed While You Were Working
If you were either driving professionally or were otherwise traveling for work-related purposes at the time of your crash, you may be eligible to receive workers’ compensation benefits due to your work-related harm. If you are properly classified as an independent contractor (and you do not do the work of an employee), this opportunity is not available to you. However, if you are classified as either a part-time employee or a full-time employee by your employer, you are likely eligible for workers’ compensation coverage.
If you’re eligible for workers’ compensation coverage, our firm can help you to file a claim in a timely manner, ensure that your compensation award is fairly valued, and protect you from any retaliatory actions that your employer might unlawfully engage in after you’ve reported your harm and filed a claim.
Note that if you’re eligible to receive workers’ compensation benefits as a result of your injuries, you may remain in a position to file a personal injury claim related to your crash. You may sue any third party – other than your employer – whose negligent, reckless, or intentionally dangerous conduct served as a substantial factor in the direct cause(s) of your injuries. However, you may not sue your employer directly if you’re eligible for workers’ compensation benefits. The “trade-off” that workers receive in exchange for no-fault benefits in the wake of sustaining work-related harm is that they may not sue their employers for any role they may have played in causing work-related injuries and occupational illness. If you have any questions about this opportunity, including whether you’re eligible for this form of compensation, please raise your concerns during your free consultation so that we can address them.
If the Motorist that Hit You Was Impaired at the Time of the Collision
If you were injured in a collision involving a motorist who was driving while impaired – either due to the presence of drugs or alcohol in their system – criminal charges may have been brought against the offending motorist. It is important to understand that any civil action you may choose to file against that driver is independent of any criminal action being taken against them. Meaning that any personal injury case you file against them will remain unaffected by criminal proceedings related to your situation. In fact, the standard of proof is much lower in a civil case than it is in a criminal case. As a result, you will be more likely to hold the offending motorist civilly liable than a prosecutor will be able to in a criminal context. In short, don’t refrain from exploring your legal options because the motorist who harmed you may be held criminally liable. This reality does not affect your options for civil recourse.
Contact Our Firm Today for a Free Case Evaluation
If you have been injured in a bicycle accident, chances are good that you’re entitled to compensation from at least one party responsible for the harm you have suffered. Don’t wait until the financial consequences of your accident have overwhelmed your personal finances to explore your opportunities for legal and financial recourse. Schedule a confidential, no-risk, free case evaluation with our experienced legal team today. Once you’ve been empowered to make whatever informed choice is best for you and your family at this time, our team will do everything we can to provide you with the legal support and guidance you’ll require to secure any and all compensation to which you may be entitled. We look forward to speaking with you.
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