Best Car Accident Lawyer In San Diego County

THE INJURIES A CAR ACCIDENT IN CALIFORNIA CAN CAUSE

Car accident injuries in California can cause minor to severe injuries. Injuries can be physical, emotional, financial, and so forth. Furthermore, car accidents can even cause death. In the United States nearly 8,000 people die every year as the result of a car accident. If death or injury is the result of a car accident, you likely have a case to sue in California. To confirm your case, take advantage of a free consultation with the San Diego Injury Law Center. As an elite group of top-rated and highly educated attorneys we are committed to our underlying mission of helping others.

Car Accident Injuries in California can cause the following.

• Traumatic brain injury
• Broken or fractured bones
• Spinal cord injury
• Internal bleeding
• Limb amputation
• Burns
• Emotional distress
• Concussions
• Whiplash
• Whiplash

If you’ve been in a car accident, we encourage you to seek medical attention as soon as possible – even if injuries are not obvious. The adrenaline and shock of the accident can mask injuries. It’s common that in the hours, days, or months following a car accident that injuries surface. The sooner these injuries are documented by a medical professional, the better, as the documentation can be used as proof in court. 

Should I file a lawsuit in California for my car accident?

Car accidents can call for a lawsuit, but only under certain circumstances. To determine if you can sue or not, you should contact an experienced personal injury attorney. Here are some of the guidelines that outline if you have a lawsuit in California.

• Determine if you have the right to sue.

To be eligible to sue you must be directly affected by the accident. The legal term for this qualification is called “standing.”

• To initiate a lawsuit, you must be a natural person or legal entity.

Any number of “natural persons” can be on either side of a lawsuit. As an individual you’d be a natural person filing a lawsuit. As a corporation, you’d be a legal entity. 

• Must have legal capacity to file a lawsuit. 

In order to file a lawsuit, you must have the legal capacity to do so. For example, if you are legally disabled, you’d likely need a legal representative such as a parent or executor to file a lawsuit. 

How Do I File a Car Accident Lawsuit?

Before actually filing a lawsuit, there are several actions that take place. These actions can include establishing your case, outlining evidence, determining who to sue, determining what to sue for, and so forth. It’s best to enlist the help of a personal injury attorney to file a car accident lawsuit in California. And, since the San Diego Injury Law Center only collects payment when they win your case, getting an attorney is accessible for just about anyone. While they will be compensated from the total settlement awarded, they can help you maximize the settlement amount and get the justice you deserve. All the while, they can save you time and stress during the process. You’ve already experienced a traumatizing and painful accident, invest in an attorney and keep your extra efforts focused on yourself and your well-being. 

Types of car accident cases we handle:

SDInjuryLaw has served San Diego County for fifteen years and counting. We handle all types of car accident and personal injury cases. For the best representation without spending a fortune, call SDInjuryLaw. Afterall, we are personal injury experts. Here are just a few of the types of car accident cases we can help with:

• Head-on collisions
• Traffic accidents
• Severe car crashes and car wrecks
• Distracted driving accidents
• Speeding accidents
• Motorcycle accidents 
• Multi-vehicle accidents
• T-bone accidents
• Sideswipe collisions
• Rear-end collisions
• Drunk driving accidents 
• Hit and run accidents
• Rollover accidents
• Trucking accidents
• Right and left turn accidents
• Wrongful death accidents
• Uber and Lyft accidents
• Pedestrian accidents
• Bus accidents
• And many more! 

California accident laws: 

In the busy and populated state of California, car accidents are a daily occurrence. To take legal action after a car accident, you’ll need to prove liability or negligence. Even drivers that are partially at-fault, can still pursue legal action if they can prove the above factors. Car accident claims may seem simple, but they are far from that. To get the best results possible, work with an experienced personal injury attorney. In contrast to what you might believe, attorneys can help you win more money – without costing you money upfront. Contact SDInjuryLaw at 619-338-8230 for a free consultation and don’t pay us, until we win!

California Statute of Limitations 

In California, the statute of limitations for adults after a car accident is two years from the date of the car accident and or injury discovery. The statute of limitations for a child after a car accident is extended until they reach 18 years old. If the statute of limitations has passed, you cannot file a claim.  If you have questions or need clarity on whether you have a case or not, contact SDInjuryLaw now. 

California Insurance Requirements 

California law states that all drivers are required to have auto insurance. However, many drivers on the road do not have insurance, and or enough insurance for various reasons. A shocking 15% of drivers in California are uninsured drivers. As a responsible citizen and driver, do yourself and others the favor of getting insurance (and enough of it). It’s an investment that can protect you and others on or near the road. 

Minimum California Car Insurance Coverage

The minimum insurance coverage required by California is bodily injury liability coverage of $15,000 per person/$30,000 per accident minimum and property damage liability coverage with a minimum of $5,000. However, as we all know, the law is not always abided by. For financial and other reasons, drivers may have no insurance or not enough insurance, both of which are problematic. 

What should I do if I am in an accident?

Immediately after the accident occurs you should get to safety (but stay at the scene) and call 911 if there are injuries. If there are no injuries you can call 911 or the police. At the scene of the accident the following information should be collected:

• Names
• Addresses
• Telephone numbers
• Driver’s license numbers
• License plate numbers
• VIN numbers
• Witness information (name, telephone number, address)
• Photos of the damages and scene (anything that can be used as proof)
• Insurance information

Accidents resulting in $750 or more in damages must be reported to the DMV within 10 days. If you fail to notify the DMV, you risk suspension of your driver’s license. Once you’ve cleared the scene of the accident, contact the SDInjuryLaw Center if you’ve been injured by another party during an accident. SDInjuryLaw will gift you a free consultation to provide free legal counsel as to what legal actions you may be able to take to help with compensation. 

Should I call my insurance company?

Yes, your insurance company should be contacted immediately after an accident, once you’ve ensured all parties (including yourself) are safe and well. While you should contact insurance as soon as possible, be careful sending them documents right away. Insurance companies are always trying to save money. A phone call to a personal injury attorney should be of equal priority if you’ve been seriously hurt or injured. If you are hurt or injured (physically or emotionally), after a car accident call SDInjuryLaw. We are available 24/7 to help. 

How soon should I call a lawyer?

You should contact a personal injury lawyer as soon as possible after a car accident. Use your judgment when it comes to the timing of top priority activities. Make sure you are safe and stable. If you are able to call insurance and an attorney same-day as the accident, it may be wise to contact an attorney first. 

What if the accident was my fault?

If the accident was your fault completely, you can be held accountable to cover damages for the injured party. If you are partially at fault, and injured, you may be able to sue still. If you are uncertain, contact an attorney. Furthermore, if you are at fault and have experienced property damage and injuries, you can file a claim with your personal insurance provider (depending on your policy) to try and receive compensation. 

What if the other driver flees the scene?

If you’ve been involved in an accident where the other driver flees the scene, call the police right away. Best case is the police are able to find the offender. It may be tempting to chase down the driver yourself if you see them, but refrain. If possible try to collect their license plate number or physical description as these details may help identify them later on. If you’ve been injured, contact a personal injury attorney as they can help with hit and run accidents. 

How much do accident lawyers charge in California?

In California, and other states, it’s common for personal injury or car accident attorneys to work on contingency fees. This means that they will receive an agreed upon percentage of the awarded settlement, if and when you win the case. Contingency fees are usually about 33% of the total awarded settlement. 

If you don’t win the case, you may not have to pay – but agreement terms can vary. There can be other fees associated with the case, that you’ll have to pay whether you win or lose. Before taking legal action you should ask your attorney for an estimate of fees, win or lose.

 If you’re in the San Diego area and need the advice of a personal injury lawyer, the San Diego Injury Law Center can help. We offer free consultations to determine if you have a viable case and you pay nothing until we win your case. 

Should I get a lawyer after a car accident in California?

It’s smart to consult with a lawyer after a car accident if you’ve been injured. Remember that injuries or damages can be in the form of lost wages, physical injury, emotional injury, and so forth. Even if you are partially at fault, you may be able to receive additional compensation. Pursuing a car accident claim can be complicated. By hiring an attorney you can increase your chance of winning or settling the claim while maximizing the outcome. When choosing an attorney, be sure to check out reviews and do your due diligence. Hiring an experienced attorney that will treat you right and advocate for your best interest will make all the difference. San Diego Injury Law Center proudly has five-star reviews and a promise to deliver top-notch service. 

How long does a car insurance company have to settle a claim in California?

California requires car insurance companies to settle claims within 85 days following the date of filing. By hiring an attorney, you can expedite the amount of time it takes to settle your claim and receive the compensation you need to make a full recovery. 

Can someone sue you after insurance pays in California?

There’s the chance that someone can sue you, even after insurance pays in California. Keep in mind though that if insurance was involved in a previous lawsuit that has been settled, they cannot be sued again in most cases. In accidents where severe injuries occur, the plaintiff might come after you before insurance settles the claim as they are desperate for the money. 

Is California a no fault state for auto accidents?

No, California is not a no fault state for auto accidents. No fault means that drivers involved in a wreck or accident will seek financial benefits from personal insurance companies, regardless of whose fault the accident was. Since California is a no fault state, claims are filed with the insurance company of the at-fault party. Therefore the at-fault driver will need to be identified which is usually determined by insurance companies. 

How long after a car accident can you sue in California?

California has a statute of limitations of two years from the date of the accident. To ensure you are protected you should pursue legal action as soon as possible. SDInjuryLaw can help you pursue legal action sooner than later since they don’t require payment until they win your case! Once your case has been won, we will receive a percent of the settlement. 

Who determines fault in an auto accident in California?

Generally in California, insurance companies determine who is at fault in California. The at-fault party’s insurance company will be responsible for providing compensation for damages. What they are required to cover can vary depending on the coverage paid for by the customer. 

How much can you get for pain and suffering from a car accident in California?

Pain and suffering claims can vary depending on the severity of the damages. In California there is no cap for pain and suffering claims. The exception to this would be malpractice cases that have a cap of $250,000 for pain and suffering, unless negligence can be proven. 

Can both drivers be at fault in California?

While it can add confusion, both parties can be at fault for a car accident in California. The percent at which each party is at fault can vary. How much at fault one is for the accident can dictate how much compensation they may receive. 

Can I be sued personally for a car accident in California?

If you are at fault for an accident, you can be personally sued in California. In most cases, individuals will be personally sued if their insurance company is unable to provide enough compensation for damages. Alternatively, your insurance company may not be able to offer any compensation, thus making you the next option for compensation. This is one reason why it’s important to select the right insurance plan with adequate coverage, even if it costs more on a monthly or annual basis. 

Should I get a lawyer for a minor car accident in California?

Even if only involved in a minor accident, you should consult a personal injury attorney if there are any injuries. More compensation than you think may be available, without a lot of effort. After the minor accident, be sure to get a medical evaluation for an accurate report of medical injury as result of the accident. If you had to take time off work or pay for child care if you were unable to care for your children, these items may be part of the claim for compensation. 

 Can you get compensation if the accident was your fault in California?

In California, both parties can be at fault. For example, one party may be 40% at fault and the other 60%. In the scenario, both parties could be eligible for compensation. 

What Are the Most Dangerous Roads and Intersections in San Diego? 

In your local neighborhood you can probably call out a few roads or intersections where you often see accidents. While these may not be officially reported as dangerous roads, they may soon be. Be sure to take extra caution in these areas and remind your family and friends too as well. Here are some of the most dangerous roads and intersections in San Diego due to their high number of accidents reported:

• 36th St & El Cajon Blvd
• Clairemont Mesa Blvd & Convoy St
• Convoy St & Engineer Rd
• 10th Avenue & E St
• 11th St & A St
• 15th St & F st
• 15th St & Market St
• 16th St & Commercial St
• 16th St & Logan Avenue
• 20th St & University Avenue

Note that Market St and 6th Avenue, Interstate 8, and Interstate 5 are also well-known for accidents. 

What Is the Average Settlement for a Car Accident?

Most car accident lawsuits end in settlement, thus meaning they never make it to trial. While settlement amount averages vary, depending on the data and source, here are some averages according to the Insurance Information Institute. 

• Average claim settlement for bodily injury following a collision: $20,235 (2020)
• Average claim settlement for property damage following a collision: $4,711 (2020)

A few factors that can affect settlement amounts include the following:

• Insurance coverage
• Liability
• Injury severity
• State laws
• Financial loss

How Can I Obtain a Copy of My Car Accident Report?

To obtain a copy of a collision report investigated by the CHP (California Highway Patrol) there are two ways to do so. The first is to visit a CHP office and pay a nominal fee. You can also request a copy by mail by completing the CHP 190 (Application for Release of Information). You’ll need to mail the form along with a copy of your driver’s license to the appropriate address. To obtain a copy of this report, visit the CHP website. The second way to request a copy of an accident report in California is to go through your insurance, which may save you the report fee.