Practice Areas

Car Accident Lawyer in San Diego & Carlsbad

You Need An Advocate In Motor Vehicle Accident Claims

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.

Excessive speed, distracted driving, and alcohol-related crashes are among the leading causes of motor vehicle accidents in Carlsbad and North County, according to the California Office of Traffic Safety. High population density in cities like Escondido and Vista has led to crowded roadways and increased risk of auto accidents. Victims are often left dealing with physical injuries and holding the bag for medical bills and property damage costs, even if the crash wasn’t their fault. Reach out to a Carlsbad injury law firm today to find out how to recover losses.

California is an at-fault state when it comes to assigning financial responsibility following a car accident. The at-fault driver and their insurance company are responsible for compensating other involved motorists for medical bills and property damage as a result of an accident. 

In order to establish fault, you must be able to identify the at-fault driver and demonstrate that their actions were the cause of the wreck. A personal injury attorney in San Diego can help you establish negligence in your automobile accident liability case.

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.

California Auto Insurance Requirements

The cost of vehicle repairs and medical bills increased significantly over the past decade, but California’s auto insurance requirements had not. Beginning on January 1, 2025, California implemented new minimum mandatory liability coverage to reflect the rising cost of motor vehicle accidents. The changes are meant to ensure that California drivers have adequate coverage in the event of an accident. Failure to carry the minimum auto insurance required by the state can result in fines, vehicle impoundment, and license suspension. 

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.

Common Car Accident Injuries

The severity of a crash and the resulting injuries are impacted by the size of the vehicles involved in the crash, the speed at which the vehicles were traveling at the time, and whether occupants used safety restraints. 

Kroger-Diamond & Campos is a personal injury law firm serving Carlsbad, San Diego County, and the rest of California. Our experienced lawyers assess your medical records and long-term health needs to determine the compensation to which you may be entitled.

Common injuries that occur as a result of motor vehicle accidents include:

  • Whiplash
  • Cuts and bruises
  • Broken bones
  • Burns
  • Concussion/traumatic brain injury
  • Damage to internal organs
  • Hemorrhage
  • Crush injuries
  • Amputation
  • Spinal cord damage/paralysis
  • Death

Hiring a San Diego Car Accident Lawyer

Hiring an experienced personal injury attorney following a car accident protects your interests. Insurance companies have their own legal teams looking out for their interests and those of their clients. Their goal is to avoid large payouts. An insurance company may even try to deny auto accident claims completely by placing blame on the injured party.

The lawyers at Kroger-Diamond & Campos can assist you with the following:

  • Reviewing case evidence and determining the amount of damages owed
  • Filing a claim
  • Providing necessary reports to the Department of Motor Vehicles
  • Accompanying you to give a statement to the other driver’s insurance company
  • Knowing California’s personal injury laws and applying them to your case

Recover the compensation you deserve following a motor vehicle accident. Contact us today to learn more about how our personal injury attorneys in San Diego can guide you through this process.

We Are On Your Side In Vehicle Accident Cases

It is risky to try to handle a motor vehicle collision claim without the help of a personal injury lawyer. Let us put our experience to work for you. Contact Kroger-Diamond & Campos for a free consultation today. Call us in San Diego at (619) 682-5100, in North County at (760) 931-2900, or fill out our online form and one of our of team members will follow up with you promptly.

Get Answers By Speaking With An Attorney

Take the first step today by setting up a free consultation. From there we will make everything as easy for you as possible. Call us in San Diego at (619) 682-5100, in North County at (760) 931-2900, or fill out our online form and one of our team members will follow up with you promptly.

    Car Accident FAQs

    Here are answers to some of the most critical questions regarding car accidents in Carlsbad. 

    California also allows for compensation under statutory negligence, which is often easier to prove. Statutory negligence assumes the defendant was negligent in their actions because they broke the law. For example, by speeding or running a red light. Since there is already a presumption of negligence, the plaintiff’s attorney only has to demonstrate:

    1. You were injured.
    2. The defendant violated the law.
    3. The law was meant to prevent the injuries you sustained.

    Stop driving immediately. Assess the scene of the accident and move to safety. Contact police, exchange identifying information and vehicle registration with other drivers, and collect photographic evidence. Remember to notify your insurance agent immediately and the local Department of Motor Vehicles within 10 days.

    The amount of compensation you receive for a California car accident lawsuit depends on the extent of your injuries, the damage to your property, and who was at fault. Car accident settlements range from a few thousand dollars to millions of dollars for life-altering injuries. Contact the Carlsbad personal injury lawyers at Kroger-Diamond & Campos to find out more about the compensation you may be entitled to.

    The statute of limitations for filing an accident claim in California is typically two years from the date of the accident and three years from the date of an accident involving property damage claims.

    Motor vehicle accident cases are complex, requiring evidence-gathering, witness deposition, and insurance company negotiations. Kroger-Diamond & Campos attorneys specialize in Carlsbad personal injury law with a focus on recovering the maximum compensation you deserve.

    California is an at-fault state, so proving liability is at the heart of successful claims. Medical records, photographs of the accident scene, and eyewitness accounts provide valuable evidence to prove fault and show damages accrued.