Car Accidents

If you have been involved in a car accident and need assistance in filing a claim and obtaining financial compensation, the experienced California auto accident lawyers of The Law Offices of Louis Gabbara can help. Our team can assist you in obtaining necessary medical treatment even if you have no health insurance coverage or cannot afford the copays. We handle everything so that you can focus on recovering and getting your life back.

Motor vehicle accidents are the leading cause of personal injuries in the United States, with nearly 2 million people injured each year, including more than 200,000 in California alone. The cost of auto crash injuries in California can be substantial, including medical bills, lost wages, and car repair expenses.

Determining fault in a California car accident is based on which driver was negligent in causing the accident, but even if you were partially at fault, you may still be able to recover damages from the other driver. Some accidents are caused by defective car parts, hazardous road conditions, or driverless vehicle malfunctions, in which case the vehicle or parts manufacturers or government agencies may be held responsible.

Who is responsible for a car accident in California?

Determining fault in a California car accident can be complex. Typically, fault is determined based on “negligence.” If a driver is negligent and causes an injury, they may be responsible for any resulting damages. To establish negligence, it may be necessary to enlist the help of a car accident attorney.

Negligence can include behaviors such as reckless driving or failing to pay attention to other drivers on the road. “Negligence per se” may apply if there were violations of traffic laws. Some common causes of motor vehicle accidents are speeding, running a red light, texting while driving, distracted driving, drunk driving, pedal error, or failing to yield the right of way.

What is the legal standard for a California car accident lawsuit?

Under California’s negligence laws, if a negligent driver causes injury or damage to another, they are responsible for those damages. To receive compensation in a personal injury lawsuit, it must be demonstrated that the defendant was negligent in causing the accident. The legal standard for negligence in a California car accident lawsuit includes proving that the defendant owed a duty of care, breached that duty of care through negligence, and that their negligence was a significant factor in causing the injuries.

Driver's Basic Duty of Care in California

When driving in California, every driver owes a duty to others on the road to exercise reasonable care while operating their vehicle. This duty includes:

Using reasonable care while driving
Keeping an eye out for pedestrians, obstacles, and other vehicles
Controlling the speed and direction of their vehicle

If a driver fails to use reasonable care and causes an accident or injury, they can be held liable for damages. For instance, if a driver like Gary was texting while driving, didn’t keep a lookout for other cars on the road, and hit Stella’s vehicle, causing her neck injuries and $10,000 in car damages, the jury could find Michael negligent for not using reasonable care and hold him responsible for Stella’s damages.

What occurs when both drivers are partly at fault?

There are instances when both drivers may share responsibility for an accident due to their negligence. In such cases, California’s “pure comparative fault” law applies. Even if you are partly at fault, you may still receive damages. However, the amount of compensation may be reduced based on the percentage of fault assigned to you.

Determining negligence and fault in a California car accident can be a complex process, with each party potentially pointing the finger at the other. In some cases, a driver may lack evidence to prove the other driver’s liability, and insurance companies may not be inclined to investigate the incident thoroughly.

To gain clarity on your situation, it’s advisable to consult with a California motor vehicle injury attorney. They can provide an assessment of the strength of your case and advise you on the potential damages available. Additionally, your attorney can launch an investigation into the accident, issue subpoenas for relevant records, and negotiate with the insurance adjuster to ensure you receive the maximum compensation possible.

DID YOU KNOW THAT HIRING A PERSONAL INJURY ATTORNEY

WILL GET YOU 3.5X MORE MONEY VS. NO ATTORNEY?

The Insurance Research Council found that:

“Accident victims with a lawyer receive an average of 3.5 times more than those who are unrepresented.”

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When injury victims file successful lawsuits or personal injury claims, they may receive compensation for a range of damages including medical bills and expenses, lost wages, lost earning capacity, property damage and pain and suffering.

What types of compensation can be recovered in a motor vehicle accident lawsuit in California?

The damages you can recover in a car accident lawsuit are based on the injuries and losses you suffered. As the plaintiff, you can seek maximum compensation for your losses from the negligent party in a personal injury claim.

There are two types of compensatory damages in a car accident lawsuit: economic and non-economic. Economic damages are quantifiable losses that have a specific monetary value, such as medical expenses and car repair costs. Non-economic damages, on the other hand, are more subjective and may include compensation for pain and suffering.

Common compensatory damages in a California car accident lawsuit may include:

Medical expenses
Vehicle repair or replacement costs
Lost wages due to inability to work
Loss of future earning capacity
Emergency medical treatment
Physical therapy or occupational therapy
Medication and medical supplies
Future medical care and treatment
Pain and suffering
Compensation for loss of limb
Compensation for scars or disfigurement
Loss of consortium for a spouse or partner

In certain cases, punitive damages may also be awarded. Punitive damages, also known as exemplary damages, are designed to punish the defendant for especially egregious behavior, such as intentionally causing harm, reckless driving, or hit-and-run accidents.

If you’re in a car accident with an uninsured driver, you might think that you won’t be able to recover damages. However, there are still ways to get compensated even if the other driver doesn’t have the required insurance coverage.

California insurance law requires insurance companies to offer uninsured and underinsured motorist (UM/UIM) coverage to drivers. If you have UM/UIM coverage, your insurance company should compensate you for damages caused by the uninsured driver, up to the liability limit. Underinsured motorist insurance policies pay for excess damage caused by other drivers, up to the liability limit, if the damages caused by the other driver are higher than their liability coverage.

Even without UM/UIM coverage, you may still be able to recover damages from an uninsured driver. An experienced California car accident attorney can investigate the situation to see if the other driver has other assets or family members who may be liable for the damages. For example, if the uninsured driver was driving someone else’s car, the vehicle owner may be liable for allowing an incompetent driver to drive their vehicle. In such cases, the car owner may be sued for negligent entrustment of a motor vehicle.

To illustrate, let’s say Bob was rear-ended by Sasha, who claims to have lost her insurance coverage after two prior drunk driving accidents. Bob suffers $5,000 in medical bills and car repairs, and Sasha doesn’t have insurance. However, Sasha was driving her parents’ car, and her parents knew she didn’t have insurance but still allowed her to use the car. In this case, Bob may be able to file a claim with Sasha’s parents’ car insurance, and he may also be able to sue them for negligent entrustment of a motor vehicle.

If a family member is killed in a car wreck, can their family sue for damages?

Every year, over 30,000 people die in motor vehicle accidents. When the victim is killed, they cannot file a lawsuit against the negligent driver. However, under California’s wrongful death laws, certain family members can hold the responsible person liable for their negligence. Spouses, domestic partners, children, grandchildren (if the children are deceased), or anyone else entitled to the deceased’s property under California’s intestate succession laws can file a claim for damages in a wrongful death auto accident case.

The damages available in a wrongful death car accident lawsuit include burial expenses, funeral expenses, lost financial earnings that the victim would have earned, and compensation to the family for the loss of companionship and support. A wrongful death claim can help with the financial costs of losing a family member and hold the person responsible accountable for their actions. A car accident lawyer can handle the claim, allowing the family to focus on healing after their loss.

Can I recover damages for loss of use and diminution of value?

Yes, following a car accident, you can sue the at-fault party for loss of use of the vehicle and diminution of value of the vehicle. Many car accident victims are unaware that they are entitled to these damages, which can amount to several thousand or even tens of thousands of dollars.

If you have been involved in a car accident and need assistance in filing a claim and obtaining financial compensation, the experienced California auto accident lawyers at The Law Offices of Louis Gabbara can help. Our team can assist you in obtaining necessary medical treatment even if you have no health insurance coverage or cannot afford the copays. We handle everything so that you can focus on recovering and getting your life back.

An auto accident attorney may be necessary to ensure that the insurance company covers your damages fully. In some cases, a personal injury lawsuit may need to be filed to make the liable party pay for money damages. Compensatory damages available in a car accident injury lawsuit may include medical expenses, lost income, loss of earning capacity, and pain and suffering. If you have any questions about car accident cases in Escondido, San Diego County or anywhere in California, our team of experienced personal injury lawyers is available to help you. Call The Law Offices of Louis Gabbara at 760-294-0808 anytime if you have been injured in a car accident. Causes of Car Accidents in Escondido and San Diego County, California

In California, personal injury attorneys frequently encounter certain types of car accidents that occur repeatedly, even though there are numerous causes of car accidents. Here are some of the most frequent causes of severe car accidents.

Driver Impairment

Drunk and drugged driving is a persistent issue in California and is illegal. Intoxicated drivers have slower reaction times and are less able to adjust to changes in road conditions. Every year, over 1,000 individuals in California lose their lives as a result of drunk driving. Even more concerning is the fact that up to 77% of fatal drunk driving crashes involve a repeat offender who has already been caught driving under the influence.

If you are injured in a car accident caused by an impaired driver, you may have a strong case for compensation. You can hold the intoxicated driver responsible and have your bills paid by filing an insurance claim. If necessary, you can file a lawsuit to receive compensation for your losses.

Driver Errors and Distracted Driving

After an accident, a negligent driver may claim it was a “simple mistake” or “just an accident.” However, they may have been too distracted to drive safely. Distracted driving is a significant issue across the country, with approximately 2,800 deaths and 400,000 injuries resulting from distracted driving accidents each year, according to the Centers for Disease Control (CDC). Common distractions include smartphones, entertainment devices, in-car display screens, music, passengers, food, and even pets.

When someone is distracted while driving, they take their eyes, hands, or mind off the road, which is not just an accident but also negligence. Your car accident lawyer can help you gather evidence of the other driver’s distraction, which can strengthen your case against them.

Vehicle Maintenance Failures

Poorly maintained vehicles cause more accidents than one might expect. Commercial semi-trailer brake failures are particularly common due to the long hours of operation and the need for constant maintenance. When a trucker or any other driver fails to maintain their vehicle, it can result in a catastrophic traffic accident. Your lawyer can help you obtain vehicle maintenance records that demonstrate strong evidence that your injuries and other damages resulted from the other driver’s lack of proper vehicle maintenance.

Dangerous Road Conditions

Sometimes car accidents occur because the road conditions are too hazardous for even the most experienced drivers. No one can control whether it’s foggy, icy, windy, or stormy, but safe driving is each driver’s responsibility. Furthermore, governmental agencies are in charge of preventing hazards like road debris, missing road signs, and other dangers. After your accident, consider whether the road conditions may have contributed in some way. Were the streetlights providing adequate visibility? Was there overgrown foliage? Was there broken pavement or construction debris in the roadway?

Your attorney can assist you in identifying the government or private entity responsible for maintaining safe roads where your accident occurred and then construct a strong case for compensation from them.

What is the legal standard for a California car accident lawsuit?

Driver's Basic Duty of Care in California

When driving in California, every driver owes a duty to others on the road to exercise reasonable care while operating their vehicle. This duty includes:

Using reasonable care while driving
Keeping an eye out for pedestrians, obstacles, and other vehicles
Controlling the speed and direction of their vehicle

If a driver fails to use reasonable care and causes an accident or injury, they can be held liable for damages. For instance, if a driver like Robert was texting while driving, didn’t keep a lookout for other cars on the road, and hit Stella’s vehicle, causing her neck injuries and $10,000 in car damages, the jury could find Robert negligent for not using reasonable care and hold him responsible for Stella’s damages.

What occurs when both drivers are partly at fault?

What types of compensation can be recovered in a motor vehicle accident lawsuit in California?

Common compensatory damages in a California car accident lawsuit may include:

Medical expenses
Vehicle repair or replacement costs
Lost wages due to inability to work
Loss of future earning capacity
Emergency medical treatment
Physical therapy or occupational therapy
Medication and medical supplies
Future medical care and treatment
Pain and suffering
Compensation for loss of limb
Compensation for scars or disfigurement
Loss of consortium for a spouse or partner

To illustrate, let’s say Gary was rear-ended by Samantha, who claims to have lost her insurance coverage after two prior drunk driving accidents. Gary suffers $5,000 in medical bills and car repairs, and Samantha doesn’t have insurance. However, Samantha was driving her parents’ car, and her parents knew she didn’t have insurance but still allowed her to use the car. In this case, Gary may be able to file a claim with Samantha’s parents’ car insurance, and he may also be able to sue them for negligent entrustment of a motor vehicle.

If a family member is killed in a car wreck, can their family sue for damages?

When injury victims file successful lawsuits or personal injury claims, they may receive compensation for a range of damages including medical bills and expenses, lost wages, lost earning capacity, property damage, and pain and suffering.

Can I recover damages for loss of use and diminution of value?

Although many people associate car accident injuries with cuts and whiplash, victims can suffer from a wide range of injuries. In addition to physical injuries, emotional trauma and damage to personal relationships can also result. Here are some common physical injuries that occur in car accidents in California:

Soft tissue injuries, such as bumps and bruises
Torn muscles and ligaments
Neck injuries, including whiplash and chronic pain
Back and spinal injuries
Head injuries, including traumatic brain injuries (TBIs)
Knee injuries
Wrist injuries
Chest and ribcage impact injuries
Broken bones
Loss of feeling in the limbs
Limited range of motion
Problems with balance
Nerve damage
Chronic pain

Car accident victims often experience long-lasting mental and emotional injuries that require extensive psychological treatment. For example, they may develop a fear of driving, depression, anxiety, panic attacks, or post-traumatic stress disorder (PTSD).

WHAT CAN A PERSONAL INJURY ATTORNEY DO FOR YOU?

The role of a California car crash lawyer is to act as your advocate as an accident victim. They will handle the court system, deal with insurance providers, and keep you updated on your case’s progress.

Although some individuals may believe they don’t need a lawyer after an injury accident, it’s crucial to understand the stakes before accepting an insurance company’s offer or settling your rights. Insurance firms are businesses that may not always have your best interests in mind. To get a better understanding of what your claim may be worth, contact an experienced California auto crash injury lawyer for a free consultation. The lawyer will fight for you in your auto accident case in the following ways:

HANDLE THE INVESTIGATION

If law enforcement responded to your car accident, they may have conducted a preliminary investigation at the scene, which typically involves sketching out the scene, collecting statements from each party involved, and possibly gathering witness statements. However, if the police didn’t respond to the accident, insurance companies may talk to their customers to gather their version of what happened.

Unfortunately, these investigations are often inadequate and may contain inaccuracies or false statements by the other driver. Therefore, your attorney may conduct a thorough investigation of the crash, which includes reviewing the police and insurance reports, interviewing eyewitnesses, obtaining surveillance footage, reviewing records of past incidents at the location, investigating the other parties involved and their history, inspecting the scene of the accident, and possibly hiring an accident reconstruction expert.

Additionally, your attorney may review medical records, have an expert analyze them, collect the other driver’s cell phone and employment records, and conduct any other necessary research to provide a clearer picture of what happened during the accident. This will help establish fault and hold the responsible party accountable for their negligence.

MANAGING MEDICAL TREATMENT

Car accident injuries can be more complicated and severe than they may initially appear, and they can develop over time. As a victim, you may be tempted to downplay your injuries, but it is crucial to seek medical treatment as soon as possible, even if you feel fine after the crash. Neck pain, loss of mobility, headaches, and other symptoms can develop days or even weeks later.

Your attorney will ensure that you receive the necessary medical attention to prevent your injuries from worsening.

Some injury victims may hesitate to seek medical care because they are concerned about the cost of treatment. However, if another driver caused the accident, they should be responsible for paying for your damages, including medical expenses. Your attorney will encourage you to seek proper treatment and fight to have your medical bills covered by the other driver’s insurance provider.

Common car accident injuries include lacerations, paralysis, brain injuries, organ damage, nerve damage, facial injuries, burns, soft tissue trauma, spinal cord injuries, and psychological injuries such as PTSD, depression, and anxiety.

GATHERING EVIDENCE

When it comes to a car accident claim, gathering evidence extends far beyond simply taking photos of the damaged car and obtaining medical records. In some cases, the other driver may attempt to conceal evidence relating to the cause of the accident. An experienced attorney can take steps to ensure that all evidence is preserved and not tampered with.

By retaining crucial evidence, such as witness statements, police reports, and physical evidence from the accident scene, an attorney can build a strong case on your behalf. Additionally, engineering and medical experts may be consulted to review this evidence and provide valuable insight into the cause and severity of the accident.

With a thorough and comprehensive approach to gathering evidence, your attorney can help ensure that your rights are protected and that you receive the compensation you deserve.

ISSUING A DEMAND LETTER

To seek damages following a car accident in California, the initial step is to send a demand letter, as required by state law. This letter outlines the details of the claim and the basis of the other party’s liability. Typically, it covers:

The identities of the involved parties,
A description of the facts and events leading up to the accident,
The extent of the property damage and medical injuries sustained,
The losses and expenses incurred as a result of the accident, and
A request for compensation from the insurance company.

Moreover, the demand letter initiates the negotiation process with the insurance adjuster.

NEGOTIATING WITH THE INSURANCE COMPANY

When it comes to obtaining compensation for a car accident, negotiating with the insurance company is a crucial step. However, it can also be risky if you choose to do it alone, without a lawyer.

Insurance companies have experienced adjusters and lawyers who handle injury and liability claims daily. If you communicate with the other driver’s insurance company on your own, they may try to make you say certain things that could hurt your case. This could result in a reduced settlement or no payment at all. It is best to let your lawyer handle all communication with the insurance company to increase your chances of obtaining full compensation.

As the victim of the accident, you are generally responsible for deciding whether to accept the insurance company’s settlement offer. Your attorney can advise you on your options. If the insurance company is not willing to cooperate or offers an insufficient amount to cover your damages, your lawyer can proceed to take the case to court.

PURSUING A PERSONAL INJURY LAWSUIT

When negotiations with the insurance company fail, your attorney may file a personal injury lawsuit in a California civil court. The lawsuit will present a basis for liability and a claim for damages. Although a car collision lawsuit can take considerable time to go to trial, most injury lawsuits are resolved through settlements before the trial. As the case approaches trial, both parties are more likely to accept a settlement offer.

Major Types of California Vehicle Accidents

Various reasons can lead to car accidents in California, and the type of collision can affect the severity of injuries, liability, and accountability for damages. Below are common types of car accidents in California:

Rear-End Collisions

The driver of the lead car may sustain neck or back injuries, such as whiplash, in rear-end collisions. Liability for damages is not always straightforward, and the lead driver or another driver may also be responsible, despite the common assumption that the rear driver is always at fault.

Head-on Collisions

Head-on collisions, resulting in traumatic brain injuries, can be some of the most severe crashes. Intentionally or unintentionally crossing over the median is often the cause, due to factors such as distracted driving, failure to yield, or driving under the influence.

T-Bone Collisions

T-bone collisions may result from poor road conditions, unclear traffic signage, or faulty vehicle parts. However, most of them result from reckless driving. These accidents can lead to severe injuries as the driver is directly hit on the side with minimal protection against the impact of a speeding car.

Bus Collisions

Collisions with buses usually involve a transit company or city bus. If the driver or company is negligent, you may file a claim against the driver, bus company, or responsible city agency

Truck Wrecks

Truck wrecks involving semi or tractor-trailers in California may cause serious injuries and financial damages. You can file a lawsuit if the truck driver or company was negligent in causing the accident. The company may also be responsible if they negligently hired, trained, or retained a dangerous driver.

Motorcycle Injuries

Motorcycle riders have little protection between their bodies and the road, making even a low-speed collision potentially severe. Liability for injuries may rest with the party responsible for the accident, such as a driver, another motorcyclist, a pedestrian, or even the city.

Collisions with Bicycles

Reckless drivers, dangerous road conditions, or unclear road signs can cause cars to collide with bicycles in California. Injured cyclists can file a lawsuit against the driver responsible for the damage.

Pedestrian Accidents

Pedestrian accidents can cause severe harm, even at low speeds, due to the absence of protection against outside forces. Injured parties may suffer head injuries, internal bleeding, neck or back injuries, or broken bones. California pedestrian and crosswalk laws help determine fault and liability.

Uber/Lyft Accidents

Crashes involving Uber and Lyft ride-sharing companies may result in claims against the driver, company, or other drivers. These claims may be complex, as the driver’s insurance liability coverage depends on whether the driver had the app on at the time of the injury.

Driverless Vehicle Accidents

Although autonomous vehicles are expected to make roads safer, they can still get into collisions. You may file a personal injury lawsuit against the company behind the driverless vehicle for losses. If a self-driving car causes the accident, you may claim damages under California’s product liability laws.

California vehicle accidents can have a variety of causes, and the type of accident can impact liability, severity of injuries, and who is responsible for the damages. Here are some other common types of car accidents in California:

Collisions with Impaired Drivers

If a driver is under the influence of drugs or alcohol and causes an accident, those injured have the right to file a civil lawsuit for damages. A criminal DUI conviction is not necessary to bring a case.

Crashes Due to Hazardous Road Conditions

Unsafe road conditions, such as potholes or construction debris, can lead to accidents or exacerbate injuries in a crash.

Police Car Collisions

Liability in an accident involving a police vehicle can depend on whether the officer was responding to an emergency, had lights and sirens on, or was driving negligently.

SUV Rollovers

SUV rollovers can result in serious injuries or fatalities. If the vehicle was sold with a defect that was not disclosed, the car company may be liable.

Tire Defect Accidents

Defective tires can lead to accidents resulting in injury or death. The tire manufacturer or seller may be responsible for damages caused by tire defects.

Guardrail Injuries

Defective guardrails on highways can cause serious injury or death to vehicle occupants. Those injured may have grounds to file a lawsuit against the government, contractors, or guardrail designers responsible for the defective guardrails.

Collisions Caused by Lane Changes

Sideswipe collisions occur when a driver in an adjacent lane fails to check their blind spot before changing lanes. The amount of damage incurred depends on the speed and force of the impact.

Hit-and-Run Accidents

Single-vehicle accidents can occur due to various reasons such as car malfunctions, hitting a pothole, or a falling tree branch, which are not your fault. In such cases, you may still be able to hold accountable the parties responsible for hazardous road conditions or poor construction that led to the accident.

If you’ve been in a car accident in California, these 15 steps can help:

Stay at the scene.
Call 911 for medical assistance if needed.
Move to a safe area if possible.
Record the other vehicle’s information, including the VIN and license plate number.
Exchange contact information with the other driver, including name, address, driver’ license number, and insurance details.
Do not admit fault or say you are injured.
Leave your contact information if necessary.
Take photos of the vehicles, injuries, and any other evidence, and collect contact information from witnesses.
Make notes of the accident details, such as the weather, traffic, and road conditions.
Report the accident to the DMV within 10 days if there’s more than $1,000 in damage or injuries.
Notify your insurance company.
Consider hiring a lawyer.
Obtain a copy of the police report and ask your lawyer to correct any mistakes.
Focus on your recovery while your lawyer works on getting the best possible settlement.

If you get into a car accident in California, remember to take these 15 steps:

Don’t leave the scene.
Call 911 if someone is hurt.
Move to a safe spot if you can.
Write down the other driver’s car info (like the VIN and license plate).
Exchange contact info with the other driver, including their name, address, driver’s license number, and insurance details.
Don’t admit fault or say you’re injured.
Leave your contact info if needed.
Take pictures of everything, like the cars, injuries, and any evidence, and ask for contact info from witnesses.
Jot down what happened, such as the weather, traffic, and road conditions.
Tell the DMV within 10 days if there’s over $1,000 in damage or injuries.
Call your insurance company.
Think about hiring a lawyer.
Get a copy of the police report and have your lawyer fix any errors.
Focus on healing while your lawyer works on getting you the most money.
Don’t forget to breathe.

California witnessed the following crash statistics in 2020:

3,558 fatal accidents
3,847 fatalities due to traffic accidents
986 pedestrian deaths in traffic accidents
1,228 fatalities related to speeding
2,129 driver deaths in car accidents
3,088 surviving drivers involved in a fatal car crash
658 driver deaths in car accidents caused by driving under the influence of alcohol
712 deaths in rollover accidents
756 fatalities of individuals not wearing seat belts
539 deaths of motorcyclists.

If you have questions about car accident lawsuits in California or would like to discuss your case and legal rights with an experienced attorney, contact The Law Offices of Louis Gabbara today at 760-294-0808

Our law firm operates on a contingency fee basis, which means we only get paid if we win your case. Read our testimonials to learn more about our years of experience securing fair settlements. Schedule an initial consultation with our attorneys for legal advice.

Our local law offices in Escondido serves Encinitas, Vista, Oceanside, Murrietta, Temecula, Fallbrook, Camp Pendleton, the Greater San Diego vicinity, and all throughout California

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