San Diego Car Accident Lawyers

Common Types of Car Accidents in San Diego

San Diego sees various types of car accidents with some more prevalent than others. Here are some of the more common ones:

Hit and Run Accidents: Under California Vehicle Code 20002, leaving an accident scene without identifying oneself is a criminal offense, particularly when someone is injured. This can lead to penalties including jail time and fines. To establish a hit and run, it must be shown that:

• • The driver was involved in an accident that resulted in property damage or injury.
  • They were aware of the accident and the resulting damage.
  • They intentionally failed to stop or provide personal information to the affected party.

Rear-Ended Collisions: Rear-end collisions frequently occur in San Diego and account for approximately 30% of traffic accidents annually (as per NHTSA). The driver who rear-ends another vehicle is typically found at fault, often due to:

• • Tailgating
  • Distracted driving
  • Speeding
  • Adverse road conditions

T-Bone Accidents: These side-impact crashes occur when one vehicle hits the side of another, forming a “T” shape at the point of impact. T-bone accidents can lead to a range of injuries, including:

• • Head and neck injuries
  • Back injuries
  • Pelvic and abdominal trauma
  • Chest injuries

Common Causes of Car Accidents in San Diego

San Diego’ dense population and heavy traffic significantly elevate the risk of motor vehicle accidents. The most common causes of car accidents in this city include:

• Reckless Driving: This primarily involves speeding and a blatant disregard for set speed limits.
• Mobile Device Usage: Drivers engaging with their phones for texting or calling can lead to accidents due to divided attention.
• Distracted Driving: Any activity that diverts a driver’s focus from the road, such as eating, drinking, or talking to passengers.
• Driver Fatigue: Long hours behind the wheel often result in exhaustion which reduces alertness and reaction time.
• Driving Under the Influence (DUI): Operating a vehicle while having a blood alcohol concentration (BAC) of 0.08% or while being impaired on drugs is a major cause of car accidents.
• Rubbernecking: This form of distracted driving occurs when drivers focus on external events like accidents instead of the road ahead.
• Vehicle Malfunctions: Defective car parts, whether due to wear and tear or manufacturing flaws, can lead to accidents.
• Road Hazards: Poorly maintained or constructed roads can create dangerous driving conditions.
• Adverse Weather Conditions: Challenges like heavy rain or foggy conditions can impair a driver’s ability to control their vehicle safely.
• Construction Zones: Lack of adequate warning signs and safety measures in active construction areas can pose significant risks for drivers.

Common Types of Car Accident Injuries

Car accidents, regardless of their severity, often result in various types of injuries to those involved. These injuries generally fall into two categories:

1. Impact Injuries: Caused by the victim’s body striking parts of the vehicle.
2. Penetrating Injuries: Occur when objects pierce the victim’s body.

While some injuries from car accidents may heal with time or treatment, particularly severe ones may require extensive and costly medical care.

Typical Car Accident Injuries Include:

• Head Injuries: These injuries result from the head hitting the steering wheel, windshield, or windows and can lead to facial cuts, bruises, and potentially serious brain injuries or internal bleeding.
• Traumatic Brain Injury (TBI): Involves bruising, tearing of brain tissue, or blood vessel damage which is caused by hard impacts or piercing injuries sustained in high-speed collisions.
• Chest Injuries: These can occur when the upper body impacts the steering wheel or dashboard and lead to bruised or fractured ribs, muscle strains, or internal organ damage.
• Injuries to Limbs and Lower Extremities: Due to limited legroom, collisions can cause crushing injuries, cuts, bruises, fractures, and dislocations in the legs, ankles, and feet.
• Soft Tissue Injuries: Whiplash is a prime example and involves neck and upper back muscle and ligament stretching from sudden impacts. Other injuries include contusions, sprains, tendonitis, and strains.
• Spinal Cord Injuries: These serious injuries can result in paralysis (quadriplegia, tetraplegia, paraplegia) due to trauma to different vertebrae.
• Broken Bones: These range from simple fractures that need casts to complex breaks requiring surgery. These commonly affect the lower legs, arms, clavicles, hips, ribs, and face.
• Burns: These injuries are caused by exposure to fire, steam, chemicals, or electricity in accidents. They can vary from minor injuries treatable with first aid to severe burns requiring surgical intervention, skin grafts, and extensive recover time.
• Wrongful Death: Tragically, some crashes lead to fatalities, often due to:
  • DUI or drunk driving
  • Distracted driving, including mobile device use
  • Speeding
  • Failure to obey traffic signals
  • Other forms of driver negligence

California Car Accident Laws

Understanding California’s car accident laws is crucial for anyone involved in such incidents because it aids in avoiding mistakes that can impact compensation claims. Key aspects of these laws include:

1. Statute of Limitations: This law sets deadlines for filing claims. In California:
   • Injury claims must be filed within two years from the accident date.
   • Property damage claims have a three-year filing window.

Fault-Based Car Insurance System: California follows a fault-based system for car insurance, requiring all drivers to have adequate coverage, which includes:

• • Bodily injury coverage: Minimum of $15,000 per person and $30,000 per accident.
  • Property damage liability: Minimum of $5,000.

Liability Laws:

• • Comparative Fault: This rule allows for both the plaintiff and the defendant to share liability for an accident. Victims can still receive compensation even if they are partly responsible for the accident, but their reward will be reduced according to the percentage of blame they share.
  • Apportionment of Fault: When multiple parties contribute to an accident, each is financially liable in proportion to their degree of fault.

What to Do After a Car Accident?

Experiencing a car accident can be a traumatic event. However, certain actions are critical to protect your legal rights and ensure fair compensation. Here’s what to do after a car accident:

1. Seek Medical Attention: Prioritize addressing any injuries. Call for medical help immediately for yourself and any passengers involved. Provide detailed information about the crash and your symptoms to the medical responders. Undergo a thorough medical examination and follow all prescribed treatments for optimal recovery.
2. Contact the Police: It’s crucial to have police document the accident. Obtain a copy of the police report for your records because this will be an important document for your legal claim.
3. Gather Evidence: Collect as much information as possible at the scene. Note down contact details of all parties involved, take photos and videos of the accident scene, and seek statements from any witnesses. This evidence is vital for supporting your claim.
4. Avoid Admitting Fault: In the aftermath of an accident, it’s important not to make any statements that could be construed as admitting liability. Anything you say could be used against you and impact your ability to seek compensation later.
5. Consult with a Car Accident Attorney: An experienced car accident attorney can provide invaluable guidance. Our team at Mesriani Law Group has over two decades of experience in California car accident cases and is well-equipped to assist you in securing the maximum compensation for your claim.

Common Mistakes Made After a Car Accident

After a car accident, it’s natural to feel disoriented, but it’s crucial to avoid certain missteps that could negatively impact your legal case. Understanding these common errors can help protect your interests and ensure a smoother claims process. Here are the most frequent mistakes people make after a car accident:

1. Withholding Information from Your Lawyer: Full disclosure to your attorney is key. Omitting details can hinder their ability to build a claim which reduces your case’s chance for success.
2. Delaying Medical Attention: It’s important to seek medical treatment immediately after the accident to document your injuries accurately.
3. Ignoring Medical Advice: Failing to follow your doctor’s prescriptions and treatment plans can demonstrate that your injuries are not as severe as you claim to adjusters.
4. Choosing an Inexperienced Lawyer: Ensure you have a skilled attorney with a track record in car accident cases to represent you.
5. Not Being Transparent About Past Injuries: Failure to disclose any previous injuries or lawsuits to your lawyer can impact your claim as injuries can be attributed to previous accidents.
6. Underestimating Your Injuries: Properly assess and communicate the extent of your injuries to avoid undervaluing your claim.
7. Discussing Your Case: Keep the details of your case private and avoid sharing them with uninvolved parties.
8. Posting Online About the Accident: Sharing details about your accident or injuries on social media can be used against you in your case.
9. Talking to the Other Party’s Insurance Company: Direct all communication through your lawyer to prevent the insurance company from using your words against you.

Understanding Your Car Accident Police Report

In the aftermath of a car accident, one crucial step is obtaining a copy of the police report. This document is often a key piece of evidence in a car accident lawsuit and is regarded as one of the most authoritative sources of information about the incident. The police report typically includes:

• Accident Details: Time and location of the accident.
• Accident Description: Information about the accident, including injuries and damages.
• Drivers’ Information: Names, addresses, birthdates, and license numbers of all drivers involved.
• Insurance Details: Insurance companies and policy numbers for all parties.

To obtain a copy of the report, visit or send a request to the California Highway Patrol (CHP). The request process involves submitting a CHP 190 form, the Application for Release of Information, along with a copy of your driver’s license. The cost of a CHP report ranges from $10 to $40, depending on the length of the report.

How Do You Prove Negligence & Liability in a Car Accident Claim?

In car accident claims, demonstrating negligence is often central to establishing liability. The injured party (plaintiff) typically needs to prove that the at-fault party (defendant) was negligent which involves four key elements:

1. Duty of Care: The plaintiff must first establish that the defendant owed them a duty of care. This means the defendant was expected to operate their vehicle responsibly and with consideration for the safety of others.
2. Breach of Duty: The plaintiff must then demonstrate that the defendant breached this duty. This breach occurs when the defendant acts in a manner that a reasonable person would not, under similar circumstances, knowing that it could cause harm to others.
3. Causation: It’s crucial to show that the plaintiff’s injuries and damages were directly caused by the defendant’s negligence. This link between the breach of duty and the resultant harm is essential.
4. Damages: Finally, the plaintiff needs to quantify the losses suffered due to the accident. This includes tangible losses like medical expenses and lost wages, as well as intangible damages such as pain and suffering.

Compensation for Car Accident Victims in California

California car accident victims have the right to seek compensation for the various damages and injuries they have endured. While each case is unique, there are common categories of compensation that your car accident attorney will likely include in your demand letter to the defendant. These typically encompass:

1. Medical Expenses: Coverage for existing medical bills as well as anticipated future medical costs and treatments.
2. Disability Accommodations: Costs for both temporary and permanent accommodations due to any disabilities resulting from the accident.
3. Lost Income: Compensation for current lost wages and potential future income loss.
4. Vehicle Repair or Replacement: Costs for repairing or replacing your vehicle post-accident.
5. Pain and Suffering: Compensation for physical, mental, and emotional distress caused by the accident.
6. Wrongful Death: In cases of fatal accidents, compensation for the loss of a loved one.
7. Life-Altering Damages: Compensation for severe and permanent changes to the victim’s quality of life.

No Win, No Fee

Absolutely No Fee Unless We Win Your Case

Mesriani Law Group has over two decades of experience in protecting victims of car accidents as well as employment and labor law violations in California.

Through our wealth of experience, we understand that the main reason why victims of accidents or of unjust treatment by employers are hesitant to file cases or claim damages against the parties at fault is because of the high legal fees.

In order to resolve this matter and help more people get the best compensation they deserve from the people who caused their injuries, pain and suffering, and losses, we decided to offer a No Win No Fee guarantee to all our clients. This means that you don’t have to pay us anything for our top legal services, regardless of the complexities of your claims, if we are not able to provide you with the justice you deserve.

We offer this because we are confident that our experience, expertise, and dedication will always translate to getting the maximum compensation you deserve at the swiftest possible time. Call our top attorneys right away for any car accident-related concerns and we will provide you with the best legal service and personalized client care you deserve.

Free Consultation with A Mesriani Car Accident Lawyer

Mesriani Law Group is dedicated to helping victims and their loved ones who sustained injuries and damages and lost their lives in car accidents through the injury claim process in San Diego. We handle a majority of auto accident cases on a No Win, No Fee basis. We only charge a fee if we are successful in winning your case and getting you the maximum compensation you deserve. Give us a call now for a free consultation.

When should you contact a car accident lawyer?

It is advisable to contact a car accident lawyer as soon as possible after the accident, especially once any immediate medical needs are addressed. An early consultation with a lawyer can help you understand your rights, preserve crucial evidence, and navigate the complexities of insurance claims and potential legal proceedings effectively. Acting swiftly can be crucial for a successful outcome of your claim.