There are more than 15,000 people who are involved in motor vehicle accidents in San Diego each year. Driving is a necessity in San Diego and the state of California but as you are at the mercy of the other driver as well as your own skill, the chance of you being injured in a car accident is high. High impact collisions can result in life changing injuries, but people can also be seriously injured in minor fender benders too. If you or one of your family members have suffered a serious injury in a car accident caused by negligence of another driver, you may be entitled to compensation.
Since 2005, attorney Brad Nakase has served injured clients as a personal injury lawyer in San Diego. As your Imperial Beach car accident lawyer, Brad Nakase will help you pursue money damages against another person that has caused you serious injuries. Plaintiffs’ lawsuits help make our roads and highways safe for everyone by holding negligent drivers accountable for their actions.
While manufacturing and weather conditions can be factors in car accidents, driver error is the leading cause of accidents in San Diego. Some examples of common errors are:
- Distracted driving
- Inexperienced drivers
- Reckless driving
- Driving while under the influence
- Tired drivers
- Disobeying traffic signals
- Illegal turning
How Can I Prove Negligence Under California State Law?
There are four elements of negligence that need to be proven for a successful claim:
- The other party was duty bound to operate their vehicle in a manner which ensures other road users’ safety.
- The other party failed in that duty.
- The accident was caused as a direct result of the actions of the other party.
- The car accident directly caused your injuries and therefore your financial loss.
When car accidents are caused by unsafe road conditions, whether that’s holes in the road, a faulty traffic lights or streetlights, a case can be made against the responsible agency. A notice of claim must be filed within 6 months of the accident to the appropriate government agency before you file a lawsuit. In this case it would be prudent to seek legal counsel to assist you with the correct procedures. Similarly a claim can be made against car manufacturers or distributers if the accident was caused by mechanical defects.
As your Imperial Beach car accident lawyer, Brad Nakase will be relentless in pursuing your case until it comes to a successful conclusion. In most cases we can resolve the issue through negotiation with the insurance companies. Unfortunately, insurance companies work to reduce the settlement claims wherever possible and don’t offer the amount to which the victim is entitled.
We are committed to making sure you receive an award that will allow you to recover from your injuries without any financial stress. Your medical costs, pain and suffering, lost wages, as well as any future losses your injury may cause are covered. If the insurance agency is unable to agree to what we deem a fair settlement then we will take the case to court on your behalf. Our experienced car accident attorneys are experts in personal injury law pertaining to car accidents and have recovered millions of dollars in damages for our clients.
Car Accident Insurance Claims in San Diego
Under California state law, the other party must be found to be responsible for the accident for you to have grounds for a claim. A comparative negligence law is also in place, meaning that if your actions contributed to the accident in anyway, the amount of your damages will be reduced by the percentage of your fault. Determining fault in a car accident can be difficult as our brains don’t always act rationally under pressure. That is where Nakase Law Firm comes in, we will conduct a thorough investigation, and collect all the evidence to show how the other party was responsible.
Types of Car Accident Injuries
The injuries sustained in car accidents are as varied as the factors involved in the accident. Some of the more common ones are:
- Broken bones and fractures
- Spinal and head injuries
- Paraplegia and quadriplegia
- Brain injuries
We have seen all types of injuries at Nakase Law Firm and therefore are knowledgeable in the impact they are likely to have on your life and what compensation you are eligible to claim.
Because of the high levels of adrenaline after a crash, many injuries aren’t felt until days or weeks after the accident. Therefore, it is imperative you seek medical treatment after a car accident, even if you feel perfectly fine. If you don’t seek medical advice until your symptoms appear, your injury may be worse and it will be difficult to prove that it was directly caused by the car accident.
What Should I Do After A Car Accident?
If you are involved in a car accident in San Diego the very first thing you should do is call the police. Police reports are crucial evidence in an insurance claim and are weighted higher than witness accounts and the reports of the drivers and passengers. If it is possible collect the contact numbers and insurance details of the other driver as well as any witnesses to the accident. Taking pictures of the accident scene, damage to the vehicles, and your injuries will be crucial to your claim as well. If you are badly injured and unable to do so, ask someone to do this for you.
Once this has been completed seek immediate medical attention from a doctor, ideally at a hospital. This is important for your health, to make sure you recover from your injuries, but also your medical records will be important for your claim. Follow the recommendations of your doctor for treatment.
Finally, the other driver’s insurance company will contact you to investigate the accident and negotiate the claim. The insurance company will look for any reason to reduce the settlement amount and will pick apart every single word you use. Apart from giving them your contact details, do not speak to them without legal representation otherwise you risk reducing your claim amount.