San Diego Car Accident Lawyer

San Diego Car Accident Attorney

Car accidents are a leading cause of personal injuries in San Diego and throughout California, and navigating the legal aftermath of a car accident can be incredibly challenging. If you are struggling with the effects of an accident someone else caused, a San Diego car accident lawyer can help you prove fault for the accident and hold the appropriate party accountable for any damage they caused.

Representing Car Accident Victims in San Diego, CA

Duque & Price has many years of experience handling all types of personal injury cases in San Diego, including many auto collision cases. We know the various legal obstacles an injured victim may need to overcome in their efforts to secure recompense for the damages they suffered, and we know how to maximize an injured client’s recovery in an efficient manner. With our help, you can approach your case with confidence and peace of mind.

Whether you believe fault for your recent accident is perfectly clear, or you have no recollection of the event due to the injuries you suffered, your case may be more complex and difficult to resolve than you initially expected. The right San Diego car accident lawyer can help you make a clearer sense of your situation and assist you in developing a strategy aimed at securing maximum recompense for the damages.

In every case we accept, our firm takes time to get to know our client and to learn as much as possible about their experience. We aim to provide individualized legal counsel because we know that no two cases are exactly alike, and every injured driver faces unique challenges when it comes to recovering from these incidents. With our help, you can rest and recover from your injuries with peace of mind while we manage your legal affairs for you.

Common Causes of Car Accidents in San Diego, CA

Car accidents happen unexpectedly in various ways, and when one driver is responsible for harm to another driver, it can lead to a long series of complicated legal proceedings. In the state, all motor vehicle accident cases must be resolved under a fault-based system. This means that an injured driver must have to prove fault for their accident before they can recover compensation, and an at-fault driver absorbs liability for any damage they caused.

The term “negligence” refers to any party’s failure to exercise reasonable care in a given situation or a failure to meet a specific duty of care. For example, a driver has a duty to other drivers to operate their vehicle attentively, and distracted driving violates this duty. Most of the vehicle accidents reported throughout San Diego and surrounding areas each year result from driver negligence, and this can take several forms:

• Speeding is inherently dangerous as it not only increases the chance of an accident happening but also the severity of any resulting damages when an accident does occur. Speeding is also against the law, and excessive speeding could potentially lead to reckless driving charges, especially if it results in an accident.
• Moving violations disrupt traffic flow and startle drivers. Failure to yield the right-of-way, running red lights and stop signs, and performing illegal turns are just a few examples of how moving violations can potentially cause serious accidents. Traffic cameras can capture these incidents and prove to be valuable evidence in some auto collision cases.
• Distracted driving is commonly cited as a leading cause of car accidents in San Diego each year. Anything that takes the driver’s attention away from the safe operation of their vehicle is potentially dangerous. Even though California has banned cell phone use while driving without the use of a hands-free attachment, cell phone use behind the wheel continues to be one of the most commonly cited forms of distracted driving.
• Poor vehicle maintenance. Every driver has a responsibility to ensure their vehicle is in good working condition. When a driver notices any type of issue with their vehicle, they are required to address it in a timely manner. Failing this, a driver could face liability in an accident resulting from their failure to keep their vehicle in good working order.

In any car accident case involving driver negligence, the injured victim must accurately identify the party they believe to be responsible for causing the accident, prove they held a duty to other drivers in the situation, and breached that duty in some way. They must also be prepared to show the full extent of the damages resulting from this breached duty of care and that their claimed losses solely resulted from the defendant’s negligence and not from any other cause.

While most accidents happen because of negligence, they can also occur due to intentional and illegal misconduct behind the wheel. Intoxicated driving and reckless driving are the most common examples of this reported throughout the San Diego area. In these cases, at-fault drivers face criminal penalties along with their civil liability for the damages they inflicted on others. Illegal misconduct can potentially complicate a car accident claim in various ways.

Proving Liability for Your Car Accident in San Diego, CA

The aftermath of a car accident in San Diego can be confusing and stressful, and having a San Diego car accident lawyer assisting you will provide a valuable measure of reassurance during this challenging time. Your attorney can help you gather the evidence necessary to firmly establish liability for your damages. This evidence could potentially include:

• Vehicle computer data, which may be necessary to show how fast a car was moving at the moment before impact.
• Eyewitness statements. If anyone saw the accident happen, your attorney can collect their statements so you have corroborated accounts of how your accident happened.
• Cell phone records. If you believe the at-fault driver was texting while driving or otherwise distracted by their phone when they caused your accident, your attorney can secure cell phone records that may help prove their phone was in use at the moment before the crash.
• Traffic camera recordings, which may provide clear video evidence of exactly how your accident happened.
• Expert witness testimony. If your case involves any complex technical details, your attorney might coordinate with various expert witnesses to gain their professional insights into your case. Expert witness testimony could also be crucial for proving the full extent of an injured driver’s claimable damages.

Ultimately, you may require several forms of evidence to prove liability for your car accident in San Diego, not all of which you may be able to obtain on your own. Having the right attorney on your side will make it much easier for you to build a compelling case, and they can guide you through the process of building the foundation of your claim as you seek recompense for the damages you suffered.

Comparative Fault in San Diego Auto Collision Cases

It is important to remember that if you intend to pursue any type of car accident claim in San Diego, it is possible for more than one party to bear fault for your accident. This could mean that you will need to prepare for legal recourse against more than one defendant, but it may also mean that you will be found partially responsible for causing the accident. In this case, the state’s pure comparative fault statute will apply.

Under this statute, a plaintiff may still claim recompense for their damages if they bear partial liability, but they will lose a percentage of their case award equal to their percentage of fault for causing the incident. It’s common for at-fault drivers to assert comparative fault in their efforts to minimize their liability, but your attorney can help you defend against such accusations and, if necessary, help you minimize the fault percentage assigned to you.

Filing Your Auto Insurance Claim in San Diego, CA

Every driver must, by law, have auto insurance that meets the state’s minimum coverage requirements. When a driver causes an accident, their insurance policy will pay for the resulting damages. However, dealing with insurance companies can be challenging as they will almost always push back against claims for compensation. Some will even engage in bad-faith tactics to avoid paying out fair settlements.

You have a limited time in which to file your insurance claim after a car accident in San Diego. While it is important that you do not delay any longer than necessary in filing the claim, you should also refrain from rushing this process to ensure you cover all relevant information in the claim filing and that you are fully prepared to confront any disputes the insurance carrier might raise against your claim.

Your San Diego car accident lawyer can be an invaluable asset for handling the insurance claim filing process. An insurer is less likely to attempt any bad faith handling of a claim when they see that the claimant has legal representation. If you encounter any unexpected issues, your attorney will know how to address them for you. Once the insurance company sends an offer, your attorney can determine whether it is fair and reasonable.

Pursuing Compensation With a Personal Injury Claim

If the at-fault driver does not have insurance, or their insurance will not fully cover the damages you suffered in your accident, you will need to prepare a personal injury suit to have the greatest chance of recovering from the accident as fully as possible. Success with your personal injury claim in San Diego will require clear proof of fault for your damages as well as documentation that shows the true extent of those damages.

The state’s personal injury statutes enable an injured plaintiff to seek full repayment of any direct financial losses they suffered because of the defendant’s negligence or misconduct. They also have the right to claim compensation for projected future economic losses as well as their non-economic damages. Calculating all the damages you can seek with your claim will be easier with an attorney’s help.

Economic damages in a personal injury case are typically straightforward and proven with the appropriate documentation. In most personal injury cases, economic damages will include property losses, medical expenses, and lost income. The average person is likely to require an attorney’s assistance to not only prove the extent of their economic damages, but also to prove they solely resulted from the defendant’s actions and not from any other cause.

Damages in Your Personal Injury Case

Property damage in a car accident case may include vehicle repair or replacement costs as well as the value of any personal property lost in the accident. Some of these losses may be recovered through auto insurance, but any remainder will need to be claimed as economic damages in a personal injury case.

Many car accidents result in severe physical injuries, and an at-fault driver absorbs liability for the medical treatment costs the victim faces for recovering from their injuries. This includes both immediate healthcare expenses resulting from the accident as well as projected long-term medical treatment costs if the victim requires any ongoing care. All medical expenses resulting from the accident are claimable economic damages in a personal injury suit.

When the injured plaintiff is unable to work due to their injuries, the defendant who injured them is liable for the income they are unable to earn during this time. Additionally, the plaintiff has the right to seek recompense for their lost future earning potential if the accident resulted in any type of permanent disability and they will not be able to return to work in the future. Your attorney can help you calculate lost earning power if this applies to your situation.

In addition to these damages, state law allows an injured plaintiff to claim recompense for the pain and suffering they experienced. State law does not cap or limit compensation for your pain and suffering in most personal injury cases, nor is there a specific formula the plaintiff needs to use to calculate these damages. Generally, the more serious the victim’s injuries, the more likely they are to secure compensation for their pain and suffering.

If your accident resulted from illegal misconduct, it may complicate your proceedings in several ways, but it may also yield additional compensation for your experience in the form of punitive damages and/or restitution. These forms of compensation come into play when a defendant has harmed a victim by breaking the law. Your San Diego car accident lawyer can explain what implications a defendant’s illegal misconduct might have for your recovery.

Resolving Your Personal Injury Case in San Diego, CA

Once you have gathered the evidence needed to prove fault for your accident and your attorney has helped you prove the full extent of the damages you suffered, you are ready to file your personal injury suit. Many of these cases in San Diego are resolved privately through settlement negotiations, which enables the parties involved to avoid the time commitment, stress, and expense that litigation typically entails, but this is not always an option.

During settlement negotiations, the plaintiff and the defendant meet privately with their respective attorneys to discuss mutually acceptable terms for resolving the claim. As long as they are willing to compromise, it is possible for them to resolve the case relatively quickly. However, if settlement negotiations fail, if the defendant refuses to accept liability, or if litigation is required for any other reason, the plaintiff must be prepared to resolve their case in court.

What You Should Expect From Your San Diego Car Accident Lawyer

Ultimately, any car accident case has the potential to escalate into a complex series of legal proceedings that the average person will not be able to navigate successfully on their own. While some auto collision cases may be resolved in a matter of weeks and only require filing insurance claims, others are far more complex and can take several months or even longer than a year to resolve.

Having an experienced San Diego car accident lawyer representing you is one of the most effective ways to handle your case. You will be more likely to succeed with your legal efforts, more likely to resolve the case in a reasonable time, and more likely to maximize your total recovery when you have the right attorney assisting you.

Duque & Price is ready to manage your legal affairs for you so you can focus on your recovery. In every case we accept, we strive to help our clients recover as much as possible in the shortest possible timeframe, reducing the length of time they need to wait to receive recompense for the losses they suffered. You can rely on our team to help you prove fault for your accident, file an auto insurance claim, and build a personal injury case if necessary.

You have a relatively short window of time in which to pursue your recovery after a car accident in San Diego, so it is vital that you reach out to trustworthy legal counsel as quickly as possible after any accident. The sooner you connect with a San Diego car accident lawyer, the more likely you will be to reach a positive outcome to the recovery efforts you attempt. Duque & Price can leverage our firm’s extensive experience in representing you in your recovery efforts.

FAQs

What Is a Car Accident Case Worth in San Diego?

The potential value of a car accident case in San Diego generally depends on the severity of the victim’s damages. If you are able to prove that another driver is directly responsible for causing your accident, you can hold them accountable for all economic damages you suffered as well as your pain and suffering. A San Diego car accident lawyer can help you assess the total value of your claim.

How Long Does It Take to Resolve a Car Accident Case?

The time required to resolve a car accident case depends on whether the at-fault driver accepts liability for the accident and the scope of your damages. If you only need to file an auto insurance claim, resolving your case may only take a few weeks. However, if you need to file a personal injury suit, it could take much longer to resolve. Working with a seasoned attorney is an effective way to streamline all of your recovery efforts.

What if I Share Fault for My Car Accident?

If you share fault for your car accident, it will be reflected by a diminished case award. California follows a pure comparative negligence statute, meaning if you share fault for your accident, you will lose a percentage of your case award equal to your percentage of fault. Your San Diego car accident lawyer can help you leverage available evidence to minimize the fault percentage assigned to you.

Why Should I Hire a San Diego Car Accident Lawyer?

You should hire a San Diego car accident lawyer because you are substantially more likely to succeed with your recovery efforts if you have legal counsel on your side. Your attorney can help you gather the evidence necessary for proving fault, guide you through the insurance claim filing process, and help you build a personal injury suit if necessary. You’re more likely to maximize your total recovery with an experienced attorney’s help.

How Much Does It Cost to Hire a San Diego Car Accident Lawyer?

Hiring your San Diego car accident lawyer may not cost as much as you might assume if you hire Duque & Price to represent you. Our firm takes personal injury cases on a contingency fee basis. This means our client pays nothing upfront and will only pay a fee after we have won their case. Additionally, their contingency fee is a portion of the compensation we recover on their behalf.

Duque & Price has years of professional experience representing car accident victims in San Diego and surrounding communities. If you are unsure how to recover from your recent accident, we can provide the guidance and support you need in this difficult time. Contact us today and schedule a free consultation with a trustworthy San Diego car accident lawyer to guide you through your recovery.