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.
How A Car Accident Lawyer Can Help You
Car accidents often result in serious injuries, including traumatic brain injuries, spinal cord injuries, internal organ damage, and soft tissue injuries. These injuries can make it difficult to resume life as normal after an accident or to handle everything that goes along with pursuing a personal injury claim. An experienced attorney can handle the administrative workload and:
- Build a legal strategy designed specifically for your case
- Investigate the accident to determine who is at fault
- Gather evidence to prove fault
- Compile evidence of the full extent of your injuries
- Handle communication with insurance companies and others
- File your legal claims and manage case deadlines
- Negotiate for maximum compensation
Let our experienced legal team manage your personal injury claim while you focus on your recovery. Learn more about your legal rights and options when you call Miller & Steele Law Firm for a free case review.
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.
Financial Compensation You Can Recover in a Car Accident Claim
Car accidents can lead to serious injuries and substantial financial losses. Accident victims may have to take weeks or months off work while recovering. They may incur significant medical expenses to treat their injuries. They could also suffer considerable pain and suffering.
California personal injury law allows accident victims to recover compensation for the economic and non-economic damages they sustain as a result of the accident. Economic damages are direct financial losses caused by the accident and include:
- Emergency medical treatment
- Ambulance rides
- Diagnostic tests
- Hospital stays
- Surgeries
- Medical appointments with specialists
- Follow-up visits
- Rehabilitation expenses
- Therapy costs
- Lost wages
- Reduced earning capacity
- Property damage
- Out-of-pocket expenses
You can use bills, invoices, and estimates to help establish the value of these losses.
Non-economic damages represent the intangible losses that accident victims suffer as a result of the accident. Examples of non-economic damages include:
- Pain and suffering
- Emotional trauma
- Mental anguish
- PTSD, depression, anxiety, and other mental health effects
- Permanent disabilities and impairment
- Discomfort
- Inconvenience
- Lost quality of life
- Disfigurement and scarring
By their very nature, non-economic damages are difficult to quantify, so working with a skilled lawyer who can help establish your right to fair compensation for all your accident-related injuries and losses is essential.
What Is the Deadline to File a Car Accident Lawsuit?
Each state establishes different time limits to take certain legal actions. Under California Code of Civil Procedure section 335.1, you have two years from the date of the accident to file a personal injury lawsuit based on negligence. If this deadline passes and you have not filed your complaint or settled your case, you can forfeit your right to compensation. Don’t let this happen to you. Reach out to an experienced Encinitas car accident lawyer today.
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.