With heavy tourism and an increasing population of over 39 million, California is known for its freeways and serious car accidents. Whether traveling to work or going home from a night out with friends, there is always a risk of encountering negligence. Distracted driving, intoxication, and speeding are a few among the many ways another driver’s careless behavior can inflict life-threatening harm. If you suffer injuries in an accident involving a negligent driver, your only recourse is the right to pursue legal action and recover monetary compensation for your harm and losses.
To recover the most out of your car accident claim, you need a highly knowledgeable and aggressive legal team devoted to providing the best possible legal outcome for your claim. With over 20 years of experience, Jassim Law has a proven track record of success for clients. You need a responsive and experienced injury attorney who knows exactly what you need and will advocate for your interests in every legal setting. You may need assistance in getting quality medical care, and access to treatment. Don’t wait to fight for the monetary compensation you deserve. Contact us today to start your car accident claim process.
How Is Liability Established After a San Diego Car Accident?
To pursue monetary compensation for damages you incur, including medical bills and lost income, you must determine who caused your accident and how they are legally at fault. Every driver on the road has a duty to follow the rules of the road to prevent accidents. There are many ways a driver’s negligence may cause severe, fatal injuries, including:
- Distracted driving
- Running a stop sign
- Running a traffic light
- Drugs and alcohol
- Hazardous weather conditions
In San Diego, the person who causes an accident must pay for the victim’s accident-related losses. Known as an “at-fault state,” California law holds the negligent party accountable for their careless actions, and while legal action is pursued against the negligent driver, it is their insurance company who must pay for your damages and losses. When we pursue a legal action, it is almost always against the negligent driver’s insurance policy. If the damages justify it, and the at fault party has assets to pursue, we may also pursue the negligent parties’ assets in rare cases.
While the compensation is handled through the negligent party’s insurance company in most cases, some drivers may not have enough insurance to cover the full compensation the victim deserves. In that case, we may also pursue an Uninsured/Underinsured (UIM) action against YOUR own insurance company. If you purchased and paid for UIM coverage, your own insurance must pay for damages exceeding the negligent party’s coverage.
Some people are reluctant to pursue a claim against their own insurance, but the fact is you pay for this coverage just in case you are injured by someone without enough insurance. This is coverage that YOU have already paid for, and if the damages warrant it, you are covered by UIM. Always purchase as much UIM coverage as you can reasonably afford.
As you are likely aware, car accident claims allow victims to hold the person responsible for the damages they inflict. To recover your compensation, you will need to prove that their negligence caused the accident and your injuries. Below are a few examples of evidence you and your legal team can use to demonstrate the driver’s careless behavior:
- Police reports
- Medical documentation
- Photographic evidence
- Video footage
- Witness statements/testimony
- Expert testimony
- Cell phone records
- Dashcam and surveillance camera footage
- Vehicle Event Data Recorder (“black box”) data
Collecting evidence without an experienced San Diego car accident lawyer may be challenging when you are recovering from severe injuries and are unfamiliar with the process. With the help of professional legal representation, you won’t have to fret about gathering evidence. Your only job is to do your best to recover, while your legal team and your San Diego car accident attorney act promptly on your behalf to communicate with your medical team, advocate for you against insurance companies, and obtain critical witness information.
What Makes a Credible Car Accident Witness?
Right after your accident, if your condition allows, you’ll want to gather as much evidence as possible. A highly influential piece of evidence is a witness testimonial or statement. Having an independent person’s account of the accident from an objective point of view can confirm and establish the other party’s negligence.
One of the first things our office does is to identify witnesses through police reports and obtain 911 audio and dispatch records. You cannot obtain 911 audio and dispatch records without a car accident attorney in San Diego that can subpoena this information.
On numerous occasions, our office has identified additional witnesses that were NOT identified in traffic collision reports by subpoenaing 911, police, and dispatch records.
Types of Compensation You May Recover After a Serious San Diego Car Accident
The severity of your injuries, property damage, and financial losses depends on various factors within the collision. From emergency medical transportation to future treatment costs, you may recover the damages that result from the negligent driver’s careless actions. Some examples of damages you may receive monetary compensation for include:
- Non-Economic harms (Pain and suffering)
- Loss of enjoyment of life
- Physical Impairment
- Mental suffering
- Property damage
- Medical expenses (past and for the future)
- Physical therapy and rehabilitation expenses
- Cost of prescription medication
- Lost wages or income (past and for the future)
- Loss of companionship
- Damages for the injury to a spouse or registered domestic partner (Loss of Consortium)
- Wrongful death damages
- Punitive damages
California law gives car accident victims two years from the date of the collision to file a claim. While it is always best to retain an attorney as soon as possible for many reasons, even if you have not yet done so, you typically have up to 2 years to file suit. Often injured people believe and hope they will get better soon after a crash, but find that they do not improve completely, or their injury is worse than they initially thought.
Frequently victims of injury do not have adequate access to timely medical care, so they are unable to obtain reliable medical diagnoses and simply find it easier to “live with the pain.” You do not have to suffer alone, a qualified legal team will assist you in obtaining medical care no matter what type of health insurance you do or do NOT have.
All types of people are unfortunately injured in collisions and accidents every day, your right and access to recovery is not and should NOT be restricted when you’ve been injured through no fault of your own.
Speak With an Experienced and Aggressive Attorney at Jassim Law
With over 20 years of experience representing clients across California, Attorney Jassim understands and empathizes with anyone suffering from someone else’s negligence. Our devotion to our clients, and decisive and prompt action allows those injured in severe car accidents the greatest chance at recovery and compensation.
When you partner with Jassim Law, you receive award-winning representation for your claim. Schedule a free consultation by completing our contact form or calling (619) 374-8134 today.