Car Accident Lawyer in San Diego & Carlsbad

Car Accidents in Carlsbad and North County

The California Highway Patrol reported that there were 452,595 traffic collisions in California in 2008. Of that total, there were 170,496 collisions in which drivers or passengers were injured. Another 3,113 accidents involved fatalities. On average, one person was injured every 2 minutes and 10 seconds, and one person was killed every 2 hours and 35 minutes as a result of a traffic collision in California. California has not had a day without a traffic fatality since September 12, 2000.

If you are the victim of an automobile, truck or bus accident, you need the help of a personal injury attorney to protect your rights and ensure that your case is handled properly. We will file your claim for you. We will make the necessary reports to the Department of Motor Vehicles for you. We will be there with you when the other driver’s insurance company wants to take your statement. We know the law, and we know how to apply it to your case.

California Car Accident Claims Process

Follow these steps if you’re involved in a motor vehicle collision in California:

1. Stop driving immediately and move to a safe location.
2. Call for police and emergency assistance.
3. Obtain names, addresses, and phone numbers for all involved drivers, passengers, and eyewitnesses.
4. Take photos of the other driver’s license, registration, and license plate. Record the vehicle identification number (VIN).
5. Photograph and record damage to your property as well as the accident scene. Include traffic control signals and obstacles that may have contributed to the crash.
6. Contact a Carlsbad injury law firm, such as Kroger-Diamond & Campos, to ensure your rights are protected. 
7. Notify your insurance agent or company of the accident immediately.
8. California requires drivers involved in accidents involving injuries or property damage in excess of $750 to report the accident to the Department of Motor Vehicles within 10 days. Failure to report can result in fines and license suspension.

California Auto Accident Negligence Laws

The California Office of Traffic Safety reports 1.38 fatalities due to automobile accidents for every 100 million miles traveled by California motorists. Drivers who survive a motor vehicle collision are at risk for lifelong, disabling injuries requiring costly and ongoing care. Although the state of California requires motorists to carry liability insurance, policy limits may not cover all the medical bills and expenses you face in the future. 

An auto accident lawsuit could be your only option for regaining economic security. The San Diego car accident lawyers at Kroger-Diamond & Campos can assist you in recovering the compensation you’re owed following an accident.

Proving Negligence

California Civil Code Section 1714 outlines the responsibility of all motorists to safely operate their vehicles. Drivers have a duty of care to others on the road. When a driver breaches their duty of care, they are considered negligent should an accident occur and can be held liable for damages. To prove negligence, a plaintiff’s attorney must show four key elements to be true.

1. The driver had a duty of care to other motorists.
2. The driver breached their duty of care by driving unsafely.
3. The breach caused an accident.
4. The plaintiff suffered injuries and damage to property as a result.

If the other driver is not insured, your own insurance can pay for your damages if you have Uninsured Motorist and/or Medical Payments coverage on your policy. Also, if the other driver’s policy limits are insufficient to cover all of your damages, a claim can be brought through your Underinsured Motorist coverage for your own insurance to pay the difference.

The minimum auto insurance now required in California is: 

• $30,000 minimum bodily injury per person (up from $15,000)
• $60,000 minimum bodily injury per accident (up from $30,000)
• $15,000 minimum coverage for property damage (up from $5,000)

However, California law precludes the recovery of noneconomic damages, such as pain and suffering, emotional distress, and inconvenience, for drivers who do not have insurance. There are only limited circumstances under which the law allows uninsured drivers to recover noneconomic damages; for example, if the at-fault party was driving under the influence.