A total of 4,285 traffic fatalities occurred in California in 2021, according to the California Office of Traffic Safety, and many thousands more were injured on the state’s roads.
When a car accident happens, victims may be able to recover monetary compensation from the at-fault driver. This should cover medical bills, lost wages and earning power, pain and suffering, emotional distress, and other damages they endured.
The Miller & Steele Law Firm is here to help those who are hurt in a collision. Contact our Encinitas car accident lawyers today at (760) 439-2210 to find out about the compassionate and knowledgeable representation we can offer so you can fight for the funds you deserve.
Rights Available To You After Being Involved In A Car Accident
California Civil Code Section 1714 makes clear that people and companies are responsible for the consequences of both their intentional wrongful acts and their negligent ones. As a result, when drivers don’t live up to their obligations to be careful on roadways, they can be sued by crash victims who they hurt through their negligence.
In some cases, both drivers share blame for an accident. If this occurs, pure comparative fault rules apply as established in Li v. Yellow Cab Co., 532 P.2d 1226 (1975). These rules allow victims to pursue a claim for compensation even if they were almost entirely to blame for their own injuries, if they can show the other party’s actions were negligent and at least a partial cause of the harm they endured.
The other driver’s obligation to provide compensation is reduced based on the percent of fault shared by the victim, though. Under California Civil Code Section 1431.2, the at-fault party pays only for the percent of damages attributed to them. Someone who was 20% to blame in a case with $100,000 in damages would owe the victim $20,000 in compensation.
An Encinitas personal injury attorney can work with victims to understand whether they have a case and to gather the evidence necessary to prove their claim.
What Are The Common Causes of Car Accidents That Occur?
Car accidents happen for many reasons, but some of the most common types of car accidents in Encinitas include:
- Distracted driving crashes where a motorist takes focus off the road, often but not always while using a cell phone. Other distractions include attending to children, eating, changing the music, or interacting with the GPS or infotainment system.
- Aggressive driving including speeding, frequent lane changes, cutting off drivers, or turning without signaling properly
- Intoxicated driving, including driving under the influence of alcohol or under the influence of legal and illegal drugs
- Fatigued driving, which can cause impaired judgment and delayed reaction times
These are just some of many examples of situations where drivers engage in unsafe behaviors and can be held accountable.
As explained in the Judicial Council of California Civil Jury Instructions found in CACI No. 400, if a defendant failed to live up to a legal obligation to keep you safe and you were harmed because of this failure, you should be able to recover compensation from them.
Contact An Encinitas Car Accident Attorney For Experienced Representation
Car accident cases can be complicated as you’ll need to gather evidence and stand up to a big insurance company that wants to pay you the smallest possible amount.
Miller & Steele Law Firm is here to help. Contact us at (760)-439-2210 to speak with an Encinitas car accident lawyer with the experience, skill, and compassion necessary to see you through your case and get you the compensation you truly deserve.