Car Accident

San Diego Car Accident Attorney & Personal Injury Attorney

Each year, millions are injured in car accidents. In fact, someone is involved in an auto accident every few seconds in the United States. San Diego and Southern California are areas with a high degree of accidents, due to a number of factors including drivers frequent use of cell phones while driving, poor roadways, drunk drivers, speeding, and various other causes. These accidents range from mere “fender benders” to a life-altering collisions. With the increasing use of cell phones and other technology on the roadways today, accidents are becoming more and more common. Unfortunately, even the best drivers cannot always avoid the actions of a negligent driver or one who does not exercise reasonable care under the circumstances.

Personal Injury – Car Accidents – What can be done in San Diego?

You have the right to compensation for your property damage and personal injuries. This compensation may include payment of medical bills and other medical treatment, loss of income or wages and future earning power, rehabilitation, pain, and emotional distress, and possibly even punitive damages. The lawyers at the Justice Law Group will deploy investigators when necessary and use our legal experience to properly assess your claim. We will immediately retrieve all relevant documents to assist your case, including all available cell phone records and any relevant video records, work reports, prior accident reports, litigation history, police reports, disciplinary action reports, and other relevant documentation.

When an injury occurs from a car accident there are many important steps to take, from deciding whether to initiate a lawsuit to evaluating your damages and properly planning your recovery. It is important to document everything at the outset, from your medical bills/losses, to any work you have missed as a result of the car accident (economic losses), to any witnesses and/or witness statements.  Our Personal Injury and Car Accident lawyers will work with healthcare providers to get you the medical treatment that you need, often on a lien basis. Depending on the severity of the accident, this may include long-term treatment and loss of earnings, which needs to be factored into any potential settlement.

Personal Injury – Car Accidents – Understanding the Law in San Diego

A car accident in San Diego may involve a pedestrian hit and run, a semi truck accident, a bike-car collision, a bus accident, a drunk driving accident or a motorcycle crash.  If the car accident was caused due to a defective product such as a tire blowout or an air bag malfunction, the case would fall under the law of product liability.  Car accidents in San Diego can result in serious injuries such as broken bones, traumatic brain injury, neck, back, spinal cord injuries, and even death.

Personal Injury – Car Accidents – Negligence in San Diego

Negligence is the claim frequently brought in a lawsuit resulting from a car accident. Negligence is a claim based on recklessness or carelessness as opposed to an intentional tort. In civil litigation, if a plaintiff (injured party) proves that he or she was harmed through the negligent actions of another, they can recover damages.

In our society, people and entities owe a general duty of care towards you to not harm you (such as by merging into your lane and colliding with you, running a stop sign, or hitting your bike while talking on a cell phone). To prove Negligence it must be established that a duty of due care was owed and the defendant(s) breached their duty of due care – and as a result someone (the plaintiff) was harmed. The test to establish a breach of the duty of due care is whether a reasonable person in the same situation would have acted differently. This is both a subjective and objective test and is generally fact specific. Often times it involves expert testimony to help establish this. Establishing a Negligence cause of action will entitle someone to obtain economic and non-economic damages, including pain and suffering, emotional distress, lost wages, medical bills, and property damage.

Personal Injury – Car Accidents – Negligence Per Se in San Diego

Negligence per se is a cause of action related to Negligence that results when a statute (law or regulation) has been violated.  The may occur more frequently in car accidents than other types of law as the California Vehicle Code contains a large number of statutes that drivers are required to obey.  Examples of this include a driver driving without a headlight on, driving while talking on a cell phone, or driving without a license or the type of license required (such as a Class C/Motorcycle license).

In order to prove Negligence Per Se in a Car Accident, the plaintiff must show that:

  1. the defendant violated the statute;
  2. the statute provides for a criminal penalty but not by civil penalties;
  3. the act caused the kind of harm the statute was designed to prevent; and
  4. the plaintiff was a member of the statute’s protected class.

If this occurs the defendant can be found Negligent solely based on the violation of the statute. An example would be someone driving without a license or driving while intoxicated. If an automobile accident results, even if it is not the driver’s fault who was drunk or driving without a license, they may still be found Negligent and thus liable.

Personal Injury – Car Accidents – How the Justice Law Group of San Diego can help you

We have successfully represented and fought for San Diego clients in car accident personal injury cases, many of which have resulted in large verdicts and settlements.  Our office will retain medical experts and accident reconstructionists to evaluate and prosecute your claim.  We will aggressively litigate through trial when necessary and work with insurance companies when possible to ensure you receive what you deserve.  Let us take care of every detail so you can concentrate on the most important part – your recovery.  Do not accept a settlement from an insurance company for less than what you are entitled to for your personal injury as a result of a car accident.

Choosing the right representation for your personal injury caused by a car accident is important.  Call Personal Injury and San Diego car accident attorney Cameron J. Gharabiklou and Nicholas J. Lewis today for a free consultation and hear how they are willing to fight for you.  The Justice Law Group of San Diego does not require payment by our clients for attorneys’ fees during the course of our representation.  If we take your auto accident case, we agree to be paid attorneys’ fees only if we win a recovery for you through settlement or court proceedings.  We understand the strains that an unexpected car accident can bring, and we want our clients to know we are as invested in their case as they are.

How much do we believe in our ability to successfully fight for you? If we take your case, you pay NO ATTORNEYS FEES, unless and until we recover payment for you.  At the Justice Law Group of San Diego, you will not be passed to a secretary or paralegal, instead you will speak to the Personal Injury and Car Accident lawyers who will be handling your case all the way through trial when necessary. Call us today. 858.412.0019 or contact@justice-lawgroup.com