A Trusted & Experienced Car Accident Lawyer in San Diego, CA
Were You Injured in a San Diego Car Accident?
San Diego, CA is a top tourism hotspot in the U.S. that sees more than 35 million visitors each year. In 2021, San Diego was named the #8 most popular U.S. travel destination. San Diego, CA has some of the busiest roads and freeways in California including Interstate 5 and Interstate 405. With millions of foot traffic each year, it’s little surprise that there are also several car accidents each year. According to recent data, there were 14,323 car crashes on San Diego roads in 2019. As a result, there were 19,676 injuries and 252 traffic fatalities.
Have you or a loved one sustained serious injuries in a San Diego crash? Did you lose a loved one as a result of the negligent actions of another driver? Daniel Kim is a top-rated San Diego personal injury lawyer devoted to helping car accident victims recover financial compensation for their losses. Our experienced team of legal professionals know how to handle each insurance company, no matter how big or small. Our aggressive car accident lawyers have the resources and experience to take on any opponent. We will fight tirelessly to help you get the just compensation you are rightfully owed.CALL NOW
Why Hire Daniel Kim as Your San Diego Auto Accident Attorney?
Car Accident Lawyer Daniel Kim specializes in car accidents and has recovered over $90 million in settlements and verdicts. Daniel Kim and his legal team of experienced car accident lawyers have been representing San Diego residents for years in personal injury claims. We maintain a 99% success rate and know how to win car accident cases.
Our San Diego personal injury lawyers understand injury victims are dealing with physical pain, financial hardships, emotional trauma, and mental distress as a result of the crash. Injured victims should be able to focus on their recovery, not suffering from financial burdens and having to negotiate with an insurance company. Insurance adjusters are well-trained to find reasons to justify a low settlement or even deny your claim entirely. An experienced auto accident attorney will protect your rights, keeping your best interests in mind.
Our law firm operates on a contingency fee basis, which means you don’t pay us anything until we win your car accident case. We offer 1-on-1 free consultations and will discuss your legal options and the value of your claim. Call us today to schedule a free case evaluation.
Do I Need a Lawyer for a Car Accident?
If you suffered serious injuries in a car accident due to someone else’s negligence, you have the right to pursue fair compensation for your losses. After a car accident, you may wonder what your legal options are, how to file a personal injury claim, and what kind of damages you can claim compensation for. In a personal injury lawsuit, you can pursue economic and non-economic damages.
We understand how complicated the claims process can be and are here to provide you with strategic legal advocacy throughout your entire car accident lawsuit. During this difficult period in your life, you should be able to focus on healing, not having to negotiate with the other driver’s insurance company.
Insurance adjusters are well-trained to use misleading tactics to justify a low settlement or deny your car accident claim completely. Insurance companies do not have car accident victims’ best interests in mind. An insurance company will want to avoid paying out large settlements and may try to intimidate the injured victims in order to prevent them from maximizing their car accident settlements. Our aggressive car accident lawyers are well-prepared to represent you in a trial if your claim goes to court. Our San Diego trial lawyers will fight endlessly to help you recover the maximum compensation available.
Don’t wait to consult a San Diego car accident attorney. The statute of limitations in California is only two years from the date of the car accident. It’s crucial to secure legal representation quickly due to the short period of time available to seek compensation. Our personal injury lawyers are dedicated to resolving your case in a timely manner and achieving the best possible outcome for you.
What Is My Car Accident Case Worth?
A San Diego car accident lawyer can assess the value of your case and provide you with legal guidance throughout the claims process. It’s important to keep records of expenses you’ve incurred since the date of the accident like medical records, medical expenses, repair shop records, paystubs, and physical therapy records. Economic damages are oftentimes easier to prove when you save all your records and receipts that pertain to your car collision injuries. Non-economic damages can be more difficult to prove and justify compensation for. A personal injury lawyer can help you calculate and prove these damages.
Economic damages include out-of-pocket expenses incurred because of the car collision and include damages like:
- Medical bills and ongoing medical treatment
- Lost income
- Lost earning potential
- Physical therapy and rehabilitation
- Property damage and replacement
Non-economic damages are more subjective and therefore don’t have a specific monetary value. These damages can include:
- Disfigurement and scarring
- Emotional trauma
- Mental distress
- Pain and suffering
- Loss of consortium or companionship
- Loss of enjoyment of life
What Causes Most Car Accidents?
Speeding, distracted driving, driving while under the influence, and reckless driving are some of the leading causes of San Diego car accidents. In 2019, there were 830 speed-related fatal and injury collisions in San Diego. There were also 709 total alcohol-related traffic fatalities and injuries and 1,519 DUI arrests. Nighttime collisions, between 9:00pm and 2:59am, resulted in 709 injuries and fatalities.
Common causes of car collisions in San Diego include:
- Distracted driving
- Driving under the influence
- Failing to obey traffic laws
- Reckless driving
- Drowsy driving
- Driving at night
If you suffered serious injuries from auto accidents caused by any of these factors, you have the right to seek damages for losses incurred from the at-fault party responsible. However, not all accidents are the same and you might find that there are more than one negligent party.
Who Is Liable in a Car Accident?
Liability in a car crash can depend on different factors like if the accident caused direct injuries and monetary losses, and if one or both of the drivers breached their duty of care.
In order to prove the other driver’s negligence, you must demonstrate the following:
- The other driver had a duty of care to drive in a safe manner.
- The negligent driver breached his or her duty of care.
- The other driver’s actions directly caused the car collision.
- The accident victim suffered injuries and losses as a result of the accident.
Proving that the other driver’s negligence was the cause of the crash can be difficult at times. Car accident attorneys conduct thorough investigations on behalf of injury victims to collect evidence, interview witnesses, use accident reconstruction software, and consult experts to strengthen your personal injury claim. Our personal injury attorneys will work to resolve your claim in a timely manner while securing the best possible results for your personal injury case.
What to Do After a Car Accident in San Diego
Some proactive steps you can take after a crash include:
- Move out of harm’s way – If you are involved in a car collision, it’s important to move your car out of the road to a safe place if you’re able to do so. Call an ambulance if you or others are seriously injured.
- Call 911 – Call the police and wait for them to arrive at the accident scene. It’s vital to your car accident claim to obtain a police report.
- Exchange Information – Ensure you exchange information with the parties involved like: name, address, phone number, vehicle registration, and insurance.
- Take photos and videos – If you are able to, take photos and videos at the accident scene. Make sure to get pictures of your injuries, damage to the vehicles involved, skid marks, broken glass, and debris.
- Talk to witnesses – Be sure to get the contact information of any witnesses and ask if they are willing to give their account of how the accident took place.
- Seek medical attention – After a car accident, you should seek medical attention no matter how minor your injuries may seem. Serious injuries can manifest days or even weeks after the car crash. It’s important not to neglect symptoms and to gather medical records as evidence of your crash-related injuries.
- Get an experienced auto accident attorney – A car accident lawyer can help you gather evidence for your claim as well as calculate and prove damages you incurred as a result of the car collision. A personal injury lawyer will also have connections to experts that can help strengthen your claim. An experienced attorney will handle communications with the insurance company and ensure the insurance company doesn’t try to take advantage of you or offer you a lower settlement than what you deserve.
What to Do in a Hit-and-Run Accident
According to California law, Vehicle Code 20002 VC, a hit-and-run accident is considered either a misdemeanor or a felony. If there is only property damage as a result of the car accident, it is classified as a misdemeanor. If there is an injury, and the other motorist leaves the scene, it is deemed a felony. Even if the accident is minor, the motorists involved need to remain at the accident scene to exchange information and may need to wait for the police to arrive. According to California law, if there is property damage that exceeds $750 or anyone is injured or killed, you’re required to obtain a police report. The steps you need to take after hit-and-run a car accident include:
- Pull your car over, out of harm’s way.
- Gather any information if possible like the license plate number, the make, model, and color of the vehicle, the driver’s visual appearance, and any identifiable factors such as damage or stickers on the vehicle.
- Call 911 and wait for the police to arrive at the scene of the accident. Obtain a police report.
- Seek medical attention even if your injuries are minor.
- Notify your own insurance company and make a claim.
After a hit-and-run accident, it is crucial to report the incident to your own insurance company and make an insurance claim. It’s important to do this quickly as the statute of limitations is two years from the date of the car accident. If you have collision coverage, this may cover the damages to your car whether the driver is found or not. In this case, you would pay the deductible, even if you are not at fault for the car accident. If the hit-and-run driver is identified, your auto insurer will make a claim with the other driver’s insurance company. You may be able to recover your collision coverage deductible from the other driver’s insurance company.
At The Law Offices of Daniel Kim, we are dedicated to seeking justice for hit-and-run victims. Our car accident lawyers help injury victims collect police reports, medical records, and other kinds of evidence to help support your claim. We will facilitate communication with the insurance company on behalf of our clients, keeping their best interests in mind while helping them secure the compensation they deserve.
What Are the Most Common Injuries in a Car Accident?
In 2020, there were 4.8 million medically consulted injuries pertaining to motor vehicle accidents. Traffic fatalities also increased by 8.3% and totaled 42,338 deaths. Depending on the severity of the car accident you could sustain minor injuries like scrapes and bruises to catastrophic injuries such as traumatic brain injury and spinal injuries.
The most common types of injuries sustained in a car accident include:
- Lacerations and Bruises: Lacerations can occur when a person comes into contact with broken glass, debris, sharp objects, or is ejected from their vehicle into the road.
- Traumatic Brain Injury (TBI): The force of impact in a car accident can cause a blow or jolt to the head, leading to serious brain trauma. When an individual experiences an injury to the head they can experience bruising, bleeding, and brain swelling. TBI is also a common cause of disability and death in accident victims.
- Spinal Cord Damage and Paralysis: The force of a car collision can also cause lifelong spinal cord injuries. Severe spinal cord injuries can result in paralysis like paraplegia and quadriplegia.
- Burns: When you are exposed to live electrical currents, dangerous chemicals, debris, and heat from hot metal or burning liquids, the risk for burn injuries is high.
- Broken Bones: Broken bones and fractures are common injuries suffered in a car accident.
- Limb loss and amputation: In a car accident, a victim’s limbs can be crushed upon impact or an artery could be punctured resulting in significant blood loss. In these cases, it is possible that the victim could end up needing an amputation.
- Soft Tissue Damage: Can include torn ligaments, muscle and tendon damage, and sprains. When soft tissue damage is untreated the injuries may become more severe as time passes. It’s important to be examined and to receive the appropriate medical treatment for these kinds of injuries to prevent the need for invasive surgery.
- Wrongful Death: Due to severe injuries suffered in a car accident, the injured victim may succumb to their injuries. When a wrongful death occurs due to another driver’s negligence, the surviving family members or spouse may be able to pursue a wrongful death lawsuit to recover losses.
Whether you were injured in a San Diego car accident or lost a loved one, a personal injury lawyer can help you obtain the compensation you need to cover damages and move forward in your life. Car Accident Lawyer Daniel Kim and his legal team have recovered millions in settlements and verdicts for injury victims. Schedule a free case evaluation today with an experienced personal injury attorney.
Frequently Asked Questions
How Long Do I Have to File a Car Accident Claim?
Injured car accident victims in California have two years from the date of their accident to file a car accident claim. If your injury was not discovered right away, you have one year from the date your injury was discovered. If the deadline passes, you will lose the right to file a claim and seek compensation. Consult with a car accident lawyer as soon as you can to begin the claims process.
Do I Need a Police Report to File a Claim?
It’s always a good idea to have a police report. This report serves as an official record of the accident and contains critical evidence like who was involved and potential at fault parties. However, you can still file an insurance claim without a police report by using medical records, witness statements, and other documents.
Should I Speak With The Other Driver’s Insurance Company?
Our law firm always cautions clients when speaking with the other driver’s insurance company after a car accident. While you are required to exchange insurance information at the scene of the accident, providing recorded statements or discussing the details of the accident with the other driver’s insurance company without a lawyer can potentially harm your case. Insurance companies are skilled at protecting their own interests and may use any information you provide to minimize or deny your claim. Talk to a San Diego car accident lawyer before speaking with the other driver’s insurance company to ensure your rights and best interests are protected.
What Happens If The Other Driver is Uninsured or Underinsured?
In California, all drivers are required to carry minimum liability insurance coverage. However, nearly 17% of drivers in California go without it. If you are involved in a car accident with an uninsured or underinsured driver, you may have to rely on your own uninsured/underinsured motorist (UM/UIM) coverage to cover your injuries and damages. UM/UIM coverage is optional in California, but it’s highly recommended to carry this coverage to protect yourself in case of an accident with an uninsured or underinsured driver. Our attorneys can go into more detail about what to do with uninsured or underinsured drivers in a free consultation.
Should I See a Doctor After a Car Accident?
Yes, you should see a doctor after a car accident, even if you don’t feel immediate pain or injuries. Some injuries, such as whiplash, soft tissue injuries, and internal injuries, may not manifest symptoms right away and can worsen over time if left untreated. Seeking medical care promptly can not only ensure your well-being, but also create a medical record of your injuries, which can be important evidence in your car accident claim. It’s recommended to document all medical treatments, diagnoses, and expenses related to your injuries, as they can be used to support your claim for compensation.
What If I Can’t Afford My Medical Bills?
When you hire our law firm, our medical management team will recommend the best treatment for you to address your injuries. With our longstanding relationships with the top healthcare providers, we will be able to cover your medical bills until you receive your settlement. We will also negotiate down your bills so you can receive the maximum amount in compensation towards your recovery.
What Happens If Medical Bills Exceed Policy Limits?
If you were injured in an accident due to someone else’s negligence, the person at fault for the accident is responsible for covering all of your medical expenses, even if they exceed policy limits. Our law firm will negotiate the amount you have to pay back to the insurance company so that we can minimize that amount and put as much money as possible back in your pocket.
Will My Car Accident Case Go to Trial?
Most car accident cases do not go to trial. In fact, 97% of car accident cases are resolved through negotiation and settlement outside of court. This is because it is in the best interests of both parties to avoid the time, expense, and uncertainty of a trial. However, every case is unique, and a trial may be necessary if the insurance company refuses to offer fair compensation or the other party denies fault. Our attorneys are trial ready and will present your case to a jury to reach a fair settlement.
How Long Does It Take to Resolve a Car Accident Case?
The time it takes to resolve a car accident case can vary depending on several factors such as the complexity of the accident, the extent of your injuries, and the willingness of the insurance company to reach a settlement. Some cases may be resolved in a matter of weeks or months, while others may take longer, especially if the case goes to trial. It’s important to speak with an experienced car accident lawyer who can provide you with a proper timeline of your case through discussions.
Dangerous Roads and Intersections in San Diego, CA
There are plenty of bad intersections in the city of San Diego. These are the kinds of intersections where drivers will want to stay attentive, the kinds of intersections where accidents are most likely to occur, and the kinds of accidents that motorists should try their best to avoid. With such a large number of residents and tourists, driving in San Diego can be dangerous. Interstate 5 has been named one of the most dangerous highways in the U.S. and runs through the entire length of California. Some of the most car accident-prone intersections and roads include:
- University Ave. & 1st Ave.
- Valley Pkwy & Midway Dr.
- Linda Vista Rd. & Ulric St.
- 4th Ave. & C St.
- University Ave. & 44th St.
- University Ave. & Fairmount Ave.
- Garnet Ave. & Mission Blvd.
- Quintard St. & 3rd Ave.
- North Harbor Dr. & Rosecrans St.
San Diego Car Accident Statistics
San Diego city streets are some of the most dangerous in the state of California when it comes to automobile accidents.
In 2017 alone, the city had more than 49,090 accidents reported not only in San Diego proper but in the surrounding metropolitan area as well. This makes the city far more dangerous than the statewide average.
Injuries and Fatalities From Car Accidents
According to city officials, there were more than 20,385 injuries and fatalities reported during 2017 that were caused as a direct result of motor vehicle accidents in the city.
This figure represents a 15% increase over 2016, with accident rates increasing almost every year over the last 10 years in San Diego.
Percentage of Accidents Involving Drugs or Alcohol
San Diego city officials also reported that 18% of automobile accidents were caused by drivers that had been consuming alcohol. 13% of accidents also were caused by drivers that had consumed some form of the drug before they decided to get behind the wheel and operate their vehicle.
If you sustained serious injuries or lost a loved one in a San Diego car accident, call our law firm for a free consultation.
Contact Our San Diego Car Accident Lawyer Near You
At The Law Offices of Daniel Kim, we deal exclusively with auto accident cases and are well-acquainted with the greater San Diego area. Our team of legal professionals are here to help you navigate the complex claims process and recover fair compensation for your damages. We proudly serve the nearby neighborhoods and surrounding cities of San Diego County including La Jolla, Del Mar, Carlsbad, Encinitas, Solana Beach, Oceanside, Vista, San Marcos, Escondido, Poway, Rancho Bernardo, Rancho Penasquitos, Scripps Ranch, University City, Pacific Beach, Mission Beach, Ocean Beach, Downtown San Diego, Hillcrest, North Park, South Park, Chula Vista, National City, Imperial Beach, and Coronado.
You may be eligible to pursue compensation if you were injured in a car accident due to another driver’s negligence. Learn more about the value of your claim today. Call our law firm now to schedule a free case evaluation.START YOUR FREE CONSULTATION
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Our Downtown San Diego law firm is conveniently located near the USS Midway Museum.