Car accidents are a common and unfortunate reality on San Diego’s busy roads. Whether they’re caused by distracted driving, speeding, or hazardous road conditions, these accidents can leave victims facing serious injuries, mounting medical bills, and lost wages. At BD&J, we understand how overwhelming this experience can be. If you or a loved one has been involved in a car accident, you may be entitled to compensation. Our experienced San Diego car accident attorneys are here to fight for your rights and help you navigate the legal process.
Types of Car Accidents
Car accidents come in many forms, each with unique legal and medical considerations. Common types of car accidents include:
- Rear-end collisions: Often caused by tailgating or sudden stops, these accidents frequently result in whiplash injuries.
- T-bone accidents: Typically occurring at intersections, these crashes can lead to severe injuries due to the limited protection on a vehicle’s side.
- Head-on collisions: These are among the most dangerous accidents. They often result in catastrophic injuries or fatalities.
- Multi-vehicle pileups: Common on highways, these complex accidents can involve multiple liable parties.
- Hit-and-run accidents: When a driver flees the scene, victims may need to rely on uninsured motorist coverage or legal action to recover damages.
What Causes Car Accidents?
Understanding the cause of a car accident is arguably the most important element in determining liability. Some of the most common causes of car accidents in San Diego include:
- Distracted driving: Texting, talking on the phone, and adjusting navigation systems can take a driver’s focus off the road.
- Speeding: Exceeding speed limits reduces reaction time and increases the severity of crashes.
- Driving under the influence: Alcohol and drugs impair judgment and reaction time, leading to devastating accidents.
- Reckless driving: Aggressive maneuvers, such as tailgating and weaving between lanes, significantly increase accident risks.
- Poor road conditions: Potholes, debris, and inadequate signage can contribute to accidents.
- Defective vehicles: Malfunctions like brake failure or tire blowouts can result in loss of control.
Common Injuries in Car Accidents
Car accidents can lead to a wide range of injuries, some of which have long-term consequences. Common injuries include:
- Whiplash: A neck injury caused by sudden jerking movements, often seen in rear-end collisions.
- Broken bones: Fractures to arms, legs, ribs, and other bones are common in high-impact crashes.
- Spinal cord injuries: Damage to the spine can lead to partial or full paralysis.
- Traumatic brain injuries: Concussions and more severe brain injuries can have lasting cognitive and physical effects.
- Internal injuries: Damage to organs, internal bleeding, and other complications may not be immediately apparent.
- Soft tissue injuries: Sprains, strains, and deep bruises can cause significant pain and mobility issues.
What Damages Can You Receive?
Victims of car accidents may be entitled to various types of compensation, including:
- Medical expenses: Coverage for emergency care, surgeries, rehabilitation, and ongoing treatment
- Lost wages: Compensation for income lost due to the inability to work after an accident
- Pain and suffering: Damages for physical pain, emotional distress, and reduced quality of life
- Property damage: Reimbursement for vehicle repairs or replacement
- Punitive damages: Additional compensation to punish the at-fault party for cases of extreme negligence
- Loss of consortium: Compensation for the impact of injuries on relationships with loved ones
What to Do After a Car Accident
Taking the right steps after a car accident can protect your health and legal rights. Knowing what to do in the aftermath of a collision can make a significant difference in the success of your claim. We recommend the following actions:
1. Seek Medical Attention
Even if your injuries seem minor, a medical evaluation is essential. Some injuries, like whiplash or internal trauma, may not show symptoms right away. Seeking prompt medical care creates a record of your condition, which is crucial for your claim.
2. Call Law Enforcement
A police report provides valuable documentation, including witness statements and an objective account of the accident. This can be critical evidence in your case.
3. Gather Evidence
Take clear photos of the accident scene, vehicle damage, license plates, road conditions, and visible injuries. If possible, collect dashcam footage or security camera recordings from nearby businesses.
4. Exchange Information
Obtain contact, driver’s license, and insurance details from all involved parties. If there are witnesses, ask for their names and phone numbers, as their statements can support your claim.
5. Avoid Admitting Fault
Even a simple apology can be misconstrued as an admission of liability. Stick to the facts when speaking with other parties, law enforcement, and insurance adjusters.
6. Notify Your Insurance Company
Report the accident to your insurer as soon as possible. However, avoid making detailed statements or accepting early settlement offers without legal guidance, as insurance companies may attempt to minimize your payout.
7. Consult a Car Accident Lawyer
An experienced attorney can help you navigate the claims process, negotiate with insurance companies, and, if necessary, take your case to court to fight for fair compensation. Legal representation ensures your rights are protected and maximizes your chances of securing the compensation you deserve.
How a Personal Injury Lawyer Can Help
Navigating the aftermath of a car accident can be overwhelming, but you don’t have to face it alone. Our experienced San Diego car accident attorneys are committed to guiding you through every step of the legal process, ensuring your rights are protected and you receive the compensation you deserve. We provide comprehensive legal support, including:
Thorough Case Investigation
We gather evidence, analyze police reports, interview witnesses, and collaborate with accident reconstruction experts to build a strong case on your behalf.
Dealing With Insurance Companies
Insurance companies often prioritize their bottom line over your well-being. We handle all communications, shielding you from low settlement offers and unjust claim denials.
Accurately Calculating Damages
Beyond immediate medical expenses, we consider long-term costs such as rehabilitation, lost wages, diminished earning capacity, and emotional distress to ensure you’re fully compensated.
Skilled Settlement Negotiation
Our attorneys negotiate on your behalf, leveraging our legal expertise to secure the maximum possible settlement without unnecessary delays.
Tenacious Court Representation
If a fair settlement cannot be reached, we’re prepared to take your case to trial. With a strong courtroom presence and a deep understanding of California law, we fight tirelessly for justice.
At our firm, we understand the physical, emotional, and financial toll a car accident can take. Let us handle the legal complexities so you can focus on healing and moving forward.
Frequently Asked Questions
How long do car accident lawsuits take in San Diego?
Every car accident claim is different. While some have clear cut evidence and fault, other lawsuits may have more factors that make bringing a claim more complex. Availability of evidence, support from eyewitness testimony and police reports, and even the cooperation of the opposing party can all contribute to the length of a car accident lawsuit. Generally, car accident claims in San Diego take anywhere from a few months to a year or more to resolve.
Are drivers worse in San Deigo?
Although every metropolitan area may claim they have the worst drivers in the country, San Diego, which has previously been among the worst in the nation, has recently fallen down the list of the country’s worst drivers. Forbes analyzed data based on DUIs, speeding, citations, and accidents in 2024. San Diego, surprisingly, fell nearly 40 places since the same analysis in 2022. It now remains the city with the 42nd worst drivers in America. In fact, the California cities with historically poor driving records like Los Angeles, Bakersfield, Riverside, and more all fell out of the top five, replaced by Albuquerque, Memphis, Detroit, Tucson, and Kansas City.
How long do I have to bring a car accident lawsuit in California?
California has a strict statute of limitations on nearly all personal injury lawsuits. In most cases, clients must bring lawsuits within two years of the accident to effectively link their injury to the event. In cases where a government agency is the alleged cause of an injury, the statute of limitations is only six months. For this reason, if you are a victim of a car accident injury caused by negligence in San Diego, you should consult with a car accident lawyer near you as soon as possible.
What do I do if I can’t afford a car accident lawyer?
Lawyers have a reputation for being prohibitively expensive. However, car accident attorneys in San Diego are actually more accessible than many believe. While lawyers who practice some areas of law like estate planning or family law may charge hourly rates, most personal injury attorneys, like those at BD&J, charge on contingency. Contingency allows for clients to work with an attorney without paying attorneys fees hourly. Instead, the client and attorney agree on a percentage of the settlement or verdict to be collected as attorneys fees. At BD&J, our team settles your case for the maximum compensation, pays your medical bills and outstanding costs from your injury, collects the agreed upon percentage, and then cuts you a check for the remaining settlement.
Will my insurance premiums go up if I’m in a car accident?
Insurance companies will charge customers based on their risk on the road. If you are involved in an accident, your premiums may go up if you are at fault or admitted fault in some way as a way for your insurance company to recoup the costs they had to pay. However, if you were not responsible for the accident, your premiums should remain the same as the driver responsible should pay for your injury and property damage costs.
Can I still bring a lawsuit if I’m partially at fault in a car accident?
Yes! California is a comparative negligence state. This means that each driver involved in an accident is assigned a percentage of fault based on the facts of the accident. For many, their percentage of fault is 0%. For others who made a mistake that contributed to the accident, they may be 20%, 50%, or even 70% at fault for the accident. This percentage is determined by a judge or jury during the claim process. Once fault is assigned, the claimant’s compensation is reduced by the percentage of their fault. For example, if a client is awarded $100,000 but is 30% at fault for the car accident, they will receive $70,000 instead. This system allows those who are injured severely to still claim some compensation, even if they make a mistake.
Getting Help After a Car Accident in San Diego
If you or a loved one has been injured in a car accident, you don’t have to face the legal process alone. At BD&J, we’re dedicated to securing the compensation you deserve. From medical expenses and lost wages to pain and suffering, we fight to ensure you receive full and fair compensation for your losses. Our skilled San Diego car accident attorneys are ready to advocate for your rights and provide the personalized legal representation you need. With years of experience and a proven track record of success, we know what it takes to win. Contact us today for a free consultation and let us help you on the road to recovery.
