When you are on the roads in California, you have a right to expect those streets to be safe for you. Unfortunately, sometimes drivers engage in careless — and even illegal — behavior that can cause you harm.
If you or someone you love is hurt or killed in a traffic collision, an Oceanside car accident lawyer at Miller & Steele Law Firm can help you in the aftermath. We’ll work with you to gather evidence, determine who was at fault, and bring a claim for damages. Give us a call today at (760) 439-2210 to find out more about the assistance we offer.
How Can an Oceanside Car Accident Lawyer Help?
If you have been injured in a car accident, you have enough to worry about without adding the complex process of filing an Oceanside personal injury claim to the mix. An experienced car accident lawyer from the Miller & Steele Law Firm can help with your claim by:
- Explaining your legal rights and options to you during a free case review
- Investigating the accident and identifying all at-fault parties
- Gathering evidence to prove liability and damages
- Handling claim paperwork and communications with insurance companies
- Negotiating for maximum compensation
Focus on your recovery while your attorney handles your legal claim. Contact us today for a free case review.
What Should I Do After A Car Accident?
Here’s the following steps that you should immediately take after going through a car accident.
- Get to Safety and Seek Medical Attention: After a car accident, move to a safe spot, like the roadside or a nearby parking lot, and turn on your hazard lights. If you feel unsafe, stay in your vehicle until help arrives. Call 911 immediately if anyone is injured.
- Report the Accident to the Police: California law requires reporting accidents to the police. When speaking with the officer, stick to the facts, avoid assigning blame, and get a copy of the report if possible.
- Exchange Information with the Other Driver: Collect the other driver’s name, contact info, insurance details, and license number. If they were driving a company vehicle, gather the employer’s details, as the company may be liable.
- Gather Witness Information: If witnesses are present, get their contact details. They can provide crucial evidence for your case.
- Take Photos of the Scene: Document the accident scene, vehicle damage, and any surrounding property damage. Smartphone photos are sufficient for this.
- Contact a Carlsbad Car Accident Attorney: Reach out to a Carlsbad car accident attorney. At Miller & Steele Law Firm, we’ll protect your rights and help you navigate the legal process, ensuring your best interests are represented against insurance companies.
What Rights Do You Have After A Car Accident?
Most California car accident claims arise out of negligence. As California Civil Code Section 1714 explains, “everyone is responsible, not only for the result of their willful acts but also for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person.”
If another driver is unreasonably careless — or behaves with a level of care below what a hypothetical reasonable person would while on the road — this can make the unsafe driver liable for any and all resulting loss. Those losses include economic and non-financial damage such as medical bills, lost wages, pain and suffering, and emotional distress.
California also applies pure comparative fault rules. While many states limit you to pursuing a claim to recover compensation only in situations where you either share no blame or were less than 50% or 51% responsible for the accident, California always allows you to make a case against a person or company who hurt you even if they played just a small role. However, your compensation will be reduced based on your percentage of fault, under California Civil Code Section 1431.2.
What Financial Compensation Can I Recover in a Car Accident Claim?
Car accidents can be devastating, resulting in serious injuries to victims and significant financial harm. Through a personal injury claim, you can seek compensation to meet your financial needs following an accident. You may be able to recover compensation for the following economic and non-economic damages:
- Medical expenses – Ambulance charges, emergency department visits, hospital stays, follow-up treatment with your primary care physician, rehabilitation, and therapy costs can add up to a significant amount. You can seek compensation for all your accident-related medical expenses, including future medical expenses.
- Lost wages – You have the right to recover compensation for the wages you lost while recovering from your injuries. You can also pursue compensation for reductions in your long-term earning capacity caused by your injuries.
- Property damage – You can recover money for the costs to repair your vehicle. If these costs exceed its value, you can seek compensation for the cost of replacing your vehicle with a similar make and model.
- Pain and suffering – You have the right to be fairly compensated for your physical pain and suffering, mental anguish, and emotional distress you suffered because of the accident.
- Loss of enjoyment of life – You can also seek compensation for the difference in your lifestyle caused by your injuries and your diminished quality of life.
An experienced Oceanside car accident attorney can pursue the full compensation you are owed.
Common Causes of Car Accidents In Oceanside
Collisions have many different causes, but certain types of behavior are especially high risk and likely to lead to an accident claim. Examples include:
- Distracted driving – Distractions include texting, talking on a cellphone, using other electronics, adjusting audio controls, engaging with an infotainment system, talking to passengers, eating, and drinking. Drivers who are distracted may not recognize a hazard until it is too late to avoid it.
- Driving while impaired by drugs or alcohol – Driving requires cognitive ability and alertness, both of which can be impaired by drugs or alcohol.
- Drowsy driving – Driving while tired mimics many of the symptoms of drunk driving, including delayed reactions, impaired judgment, and blurry vision. This makes it more likely for drivers to cause accidents.
- Speeding – Driving above the posted speed limit or too fast for current conditions can endanger other motorists.
- Reckless driving – Some motorists may drive unsafely by driving well above the speed limit, weaving in and out of lanes, running red lights, and tailgating. These dangerous behaviors put other motorists at risk.
If you can show a driver broke a safety rule, this creates a presumption of negligence that can make recovering compensation easier. If no specific safety rules were broken, you’ll need to demonstrate the driver was more careless than the average reasonable motorist would have been under the circumstances.
The Oceanside personal injury lawyers at Miller & Steele Law Firm will help you to gather evidence to show the other driver’s actions or inactions were the cause of the crash so that the driver should be liable for losses.
How Long Do I Have To File A Claim After A Car Accident?
There is a two year statute of limitations for injury claims as set in California Code of Civil Procedure section 335.1 so don’t hesitate to move forward with your case or your claim could be prevented from moving forward because too much time has elapsed.
Contact An Oceanside Car Accident Attorney Today
Miller & Steele Law Firm has a long track record of representing car accident victims and we are ready to fight for you. Don’t agree to settle with an insurer until you’ve talked to us, as their goal is to make the lowest payment possible to you while our goal is to ensure you are fully compensated for all your losses. Give our Oceanside car accident lawyers a call or contact us today at (760) 439-2210 to learn more.