Carlsbad Car Accident Attorney

If you’ve been injured in a car accident with a negligent or reckless driver, and you’ve decided to sue the at-fault party for damages, it’s critical that you contact a car accident attorney from Miller & Steele. To help ensure that your case will be handled well throughout the process of settlement or court trial, you’ll want to consult a Carlsbad personal injury attorney specializing in motor vehicle accidents. 

Why Choose Miller & Steele Law Firm?

If you were in a car accident that caused injuries, you may be entitled to significant compensation. Miller & Steele Law Firm can help you understand your rights and will represent you in court to get the compensation you deserve. 

Here’s a few additional reasons why you should choose us:

• We have successfully recovered over $300 million for our clients, and we only specialize in personal injury cases. Nothing else.
• Our firm takes our cases on what’s called a “contingency-fee basis”. So if we don’t win your case, you don’t pay. No win no fee.
• When you choose our firm, you won’t be stuck with a paralegal, and instead, you will be put in touch with your attorney during every step of your case. All of our attorneys have over 50 years of combined experience in personal injury law.

We specialize in car accident cases and know what to do to get you the most money possible. Contact us at (760) 439-2210 before settling with the insurance company so you aren’t left with regrets.

Table of Contents

To access any part of this page, click any of the following links below.

• What To Do After A Car Accident
• The Importance of an Attorney After An Accident
• What Rights Do You Have After A Car Accident?
• Types of Car Accidents
• Common Causes of Car Accidents
• Contact Us Today

What Should I Do After A Car Accident?

After an accident, there’s a number of steps that you need to follow.

1. Get To A Safe Place and Seek Medical Attention If Necessary

The first and most important step after getting in a car accident is to get to a safe place. For example, if you got into an accident on the freeway, pull off to the right side of the road or to a nearby parking lot. Be sure to avoid any areas that are dangerous, and activate your hazard lights to let other motorists know about the accident. If you also feel unsafe, do not leave your vehicle until the relevant authorities arrive.

The next step is to seek medical attention if necessary. If you or a loved one is injured, call 911 immediately and the relevant medical authorities will be on their way.

2. Report The Accident To The Police

In the state of California, it is required by law to report a car accident to the police. When the police arrive and ask you about the accident, stick to the facts. Do not put any blame on the other driver and refrain from giving your opinion on the incident. Try to get a copy of the report once it is prepared by the officer.

3. Exchange Contact Information With The Other Driver

To make an insurance claim with the other driver, you need to have the following information which includes:

• The driver’s name, address, and phone number
• Their insurance information
• The driver’s license and number
• The employers name and contact info if they were driving a company vehicle

It’s important to note that if the at-fault driver was driving a company vehicle, their employer could be held liable for the accident.

4. Gather Witness Contact Information

In a car accident lawsuit in Carlsbad, witnesses can serve as crucial evidence from a car accident. If you can, try to get a witnesses phone number and contact information so you can use that as a piece of evidence in your car accident claim too.

5. Take Pictures of The Accident Scene

If you are in a safe location, take photos of the car accident scene. Take as many photos as possible, especially around the damaged vehicles and nearby property. If there’s any parts of the freeway that are damaged such as nearby debris or property, document that too. If you have a functioning smartphone camera, then the camera can work just fine.

6. Contact A Carlsbad Car Accident Attorney

The last and most important step is to contact a Carlsbad car accident attorney after the accident. At Miller & Steele Law Firm, we can help you with your next steps and protect your rights as well. We have a long history of advocating on behalf of our clients against the insurance companies while keeping your best interests in mind.

The Importance of an Lawyer After An Accident

Miller & Steele Law Firm helps accident victims receive the compensation they deserve. This compensation goes toward covering the financial damages that the victim suffered as the result of the accident. Medical costs, even with insurance, can be catastrophic.

If an accident victim suffered severe injuries, not only will they have to deal with mounting medical bills and ongoing medical treatment, but they may also be unable to return to work, or they may not be able to perform the same duties at work that they were able to before the accident took place. This situation can quickly become overwhelming, with no income coming in and the added stress of trying to make ends meet.

What Rights Do You Have After a Car Accident?

California law makes clear that drivers have a duty to behave with reasonable care on the road. California Civil Code Section 1714 states that “everyone is responsible, not only for the result of their willful acts but also for an injury caused to another by their want of ordinary care or skill in the management of their property or person, except so far as the latter has, willingly or by want of ordinary care, brought the injury upon themselves.”

If a driver fails to exercise reasonable care, they may be viewed as negligent under the law. According to Judicial Council of California Civil Jury Instructions found in CACI No. 400 , if you prove a defendant was negligent and show that the negligence was the direct cause of your harm, you should be able to hold the defendant accountable for your damages. 

You have just two years to make your claim under California Code of Civil Procedure section 335.1 so you’ll need to act quickly. This means finding witness information, consulting with experts, obtaining police reports, and putting together a solid damage claim. 

California does not cap the compensation you can receive after a car crash, so you should be able to fully recover for medical bills, lost wages, pain and suffering, and emotional distress. However, if you were partly at fault for the accident, your recovery is reduced based on the percentage of fault attributed to you, according to California Civil Code Section 1431.2 . 

The Carlsbad personal injury lawyers at Miller & Steele Law Firm will help you navigate the legal system, prove the elements of your case, and demonstrate the fault with the defendant for the harm you’ve endured. 

Types of Car Accidents

Many different types of car accidents can occur, but some of the most common include:

Rear-end collisions : A rear-end accident occurs when a vehicle hits the back of the vehicle in front of it. These accidents are usually due to the driver in the rear being distracted or not paying attention. They also happen because the rear driver is following too closely, so when the vehicle in front of them brakes or stops, there isn’t enough space for the rear driver to stop.

Head-on collisions : Head-on crashes are some of the most serious motor vehicle accidents. They often occur at high speeds, so occupants in the vehicles feel the combined impact of both vehicles, which often leads to fatalities and catastrophic injuries.

T-bone accidents : These crashes involve the front of one vehicle hitting the side of another, forming the letter “T.” These accidents often happen when a vehicle turns left into the path of an oncoming vehicle. Because many vehicles do not contain side airbags, these accidents can cause serious injuries.

Sideswipe collisions: Sideswipe accidents occur when a vehicle drifts into an adjoining lane and hits a vehicle already occupying it. These accidents can occur because of distractions or failing to check blind spots before switching lanes.

Rollover crashes:  Rollover crashes cause a disproportionate number of fatalities and catastrophic injuries. These crashes in which a vehicle rolls onto its side or roof do not happen often, but when they do, they are often deadly.

Intersection accidents:  Intersections are one of the most common places for collisions to occur. Multiple lanes of traffic may meet up at these locations, and not all drivers follow the applicable traffic directions.

Hit and run crashes: Hit-and-run crashes occur when a driver fails to stop at the site of a collision, render aid, and exchange information, as required by law. These crashes leave victims vulnerable to additional injuries and without the medical intervention they need.

Single-vehicle crashes:  Single-vehicle crashes may be the fault of the driver of the vehicle you were a passenger in or may be due to a vehicle defect.

Multi-vehicle crashes: Multi-vehicle crashes can be complicated because multiple parties may be at fault. It can be difficult to sort out what exactly happened without the assistance of a skilled car accident reconstruction expert.

Our car accident attorneys have extensive experience handling all types of motor vehicle collisions.

Common Causes of Car Crashes

Many different types of car accidents can occur, but here are some of the most common driver behaviors leading to incidents on the road. 

Inattentive or Distracted Driving

There has been a dramatic increase in the number of accidents involving drivers distracted by their cell phones. But it doesn’t stop there; any behavior that removes your attention from driving can be considered “distracted.” Common distractions while on the road include:

• Talking to passengers
• Attending to children
• Reading
• Eating or drinking
• Changing the radio station
• Daydreaming

The issue of distracted driving has been a hot topic in recent years. One reason it’s difficult to determine whether or not someone was actually distracted while driving is because there are few ways to prove that the person wasn’t paying attention at all times.

Aggressive Driving

Aggressive driving is a serious issue that puts millions of Americans at risk. Some people mistakenly believe it only includes speeding, but the other dangerous habits that can be classified as aggressive driving include:

• Frequently changing lanes
• Reckless driving
• Making a turn without signaling
• Cutting other drivers off
• Tailgating
• Sudden braking
• Swerving in and out of traffic

Aggressive driving can be a tragic occurrence for all involved. A Carlsbad motorcycle accident lawyer can help you understand your rights if an aggressive driver causes or contributes to a crash you’re involved in. 

Intoxicated Driving

Since the legalization of recreational marijuana in California, drunk and drugged driving accidents have been on the rise. This is detrimental to not only drivers but also their passengers since these individuals risk injury or death due to unsafe behaviors while intoxicated. 

Since driving drunk is a violation of a safety law, it can create a presumption of negligence so holding the defendant accountable should be easier than in most auto accident claims.

Additionally, drunk driving can lead to tragic consequences, such as the loss of a loved one. If you have lost a loved one in such an accident, the Carlsbad wrongful death attorneys at Miller & Steele Law Firm are here to help you seek justice and secure the compensation you deserve.

Fatigued Driving

Drowsy drivers exhibit poor judgment and increased reaction time, which can significantly impact the risk of accidents. This is why all drivers must be safe when they get behind the wheel: not only for themselves but also for those around them who may find themselves in an accident with negligent or reckless motorists due to their lackadaisical attitude on what could happen if they should ever enter one while tired.

Speeding

Speeding is a dangerous driving behavior that threatens the safety of all road users. When someone speeds, they are more likely to lose control of their vehicle. Also, once they recognize a hazard, they have less time to come to a complete stop. If they cause an accident, more serious injuries will likely result because the force of impact is greater at higher speeds. Additionally, seatbelts, airbags, and other safety features are not as effective at higher speeds.

Running Red Lights or Stop Signs

Red lights and stop signs are in place to direct traffic, allowing the driver with the right-of-way clear passage. However, when drivers run red or yellow lights or do not stop at stop signs, they endanger others. Proving liability for these crashes may rely on obtaining traffic camera footage or eyewitness statements regarding the traffic infractions.

Failure To Yield

Drivers must yield to other vehicles, bicycles, and pedestrians at various times. When they disobey these rules, others may not be able to anticipate their actions, and an accident may result.

Unsafe Lane Changes

Before changing lanes, drivers must ensure that it is safe to do so. They should constantly monitor traffic around them and check their blind spots before moving to an adjoining lane.

Inexperienced Drivers

Driving is a rite of passage, but many new drivers do not understand the full responsibility involved in this task. They may lack the skills and instincts to anticipate other drivers’ actions or to respond appropriately in different situations.

Tailgating

Many car collisions occur because drivers are too close to one another. All drivers are required to maintain adequate distance between their own vehicle and others so that if the driver in front suddenly brakes, a collision will not occur. In bumper-to-bumper traffic, motorists may fail to do this, causing accidents when they crash into the vehicle in front of them.

Vehicle Defects

In some car accident cases, there is nothing that either driver does wrong to cause the accident. The accident may be due to a vehicle defect, such as a problem with the brakes not stopping in time or locking up, a suspension system that causes the vehicle to go off course, or a safety system that fails to stop the vehicle in time to avoid a collision. You may be able to file a product liability claim against a manufacturer of defective products.

Poor Vehicle Maintenance

Other car accidents are due to poor vehicle maintenance. All vehicle owners are responsible for maintaining their vehicles in a safe condition. When they don’t, tires can blow out or unexpected vehicles can stop in the middle of traffic. Mechanics who make faulty repairs or vehicle owners who fail to properly maintain their vehicles may be to blame for these crashes.

Poor Weather

California has occasional bad weather, but many drivers do not respond appropriately to it. Drivers should decrease their speed and drive more carefully when visibility is impaired and roads are slippery. Some fail to do so, increasing the likelihood of a motor vehicle accident.

Faulty Road Conditions

Poor road conditions can contribute to some accidents, such as tight turns, insufficient lighting, or other dangerous designs. Maintenance issues can also contribute to these crashes, such as potholes or debris on the roadway. Drivers may try to swerve to avoid damaging their vehicle and crash into another vehicle in the process. Malfunctioning traffic lights can lead to other accidents.

These accidents may be the fault of the government agency tasked with maintaining or designing the roadway.

Contact Miller & Steele Law Firm Today

Miller & Steele Law Firm helps accident victims receive the compensation they deserve when drivers engage in these actions or other unsafe behaviors. This compensation should cover the financial damages that the victim suffered as a result of the accident. The defendant should be responsible for paying for:

• Medical costs
• Lost wages
• Pain and suffering
• Emotional distress damage

Medical costs, even with insurance, can be catastrophic. If an accident victim suffers severe injuries, not only will they have to deal with mounting medical bills and ongoing medical treatment, but they may also be unable to return to work or they may not be able to perform the same duties at work that they were able to before the accident took place. 

This situation can quickly become overwhelming, with no income coming in and the added stress of trying to make ends meet. The defendant should “make you whole” by paying for these and other losses you endured due to their negligence. Miller & Steele Law Firm will help make that happen, so give our Carlsbad car accident lawyers or contact us today at (760) 439-2210 to learn more.