Question 1

What Are Common Causes of Car Accidents?

Accepted Answer

Most car accidents are caused by “driver error,” meaning someone behind the wheel did something that directly resulted in a collision. Common negligent behaviors that lead to traffic collisions include:

Distracted Driving: Distracted drivers are one of the leading causes of wrecks across the nation. In order to drive a motor vehicle in a safe manner, drivers should never take their focus off the road. When drivers take a call, send a text message, adjust the radio, or eat, they take their full attention away from the road, often leading to an accident.
Drunk Driving: Alcohol impairs a driver’s vision and hearing, leads to slower reaction times, and decreases the driver’s coordination. Drunk drivers lose the ability to focus and control a motor vehicle, leading to a huge risk of causing an accident.
Speeding: Despite speed limits in place for the public safety, some drivers feel compelled to drive faster than the posted limit and violate the law. When a motor vehicle strikes another while traveling at high speeds, the likelihood of serious or fatal injuries is much higher.
Unsafe Lane Changes: An unsafe lane change occurs when the driver of a motor vehicle switches from one traffic lane to another in an unsafe manner and collides with another vehicle. If a vehicle suddenly moves into your lane and crashes into you, or causes you to collide with other vehicles, you may be entitled to compensation.
Reckless Driving: Reckless driving is seen as driving in a manner that shows a complete disregard for the safety of the people around you. If a driver is found to be speeding, texting, tailgating, changing lanes illegally, or breaking traffic laws, and it results in an accident, he can be found to be driving in a reckless manner - because a reckless driver displays a disregard for the rules of driving and the safety of others.

Question 2

How Can I Recover Damages?

Accepted Answer

If the negligence of another person was the cause of your car crash, you may be compensated for the following:

Medical Expenses: All crash victims should keep a record of all medical expenses related to the collision. Injuries could include broken bones, head trauma, burns, etc. Medical expenses include more than just the initial visit to a doctor or hospital following a crash. Any medication, procedures, therapy, or rehabilitation should also be included when calculating the medical expenses that resulted from the collision.
Loss of Wages: Being unable to return to work after a car accident is not uncommon, especially if your injuries are severe enough to require therapy and/or rehabilitation. Accident victims can seek compensation for the wages that they lost as a result of injuries they sustained.
Property Loss: Whether your car is declared a complete loss or only has minor damage, you may be compensated for the cost of repairing any and all damage. This can include repairs to your vehicle, the cost of a rental vehicle, or the purchase of a replacement if your car was totaled in the accident.
Emotional Distress: A wreck can cause damage to more than just a person’s body. Motor vehicle accidents can have a severe impact on the emotional state of the victims. Post-traumatic stress disorder (PTSD) can result from a collision, especially if a loved one is injured or killed.
Long-Term Care: If a serious injury prevents you from being able to work, makes you undergo any physical rehabilitation or long-term care, this should also be factored into your compensation.

California is a “pure comparative fault” state, meaning that injured victims can seek damages even if that victim bears 99% of the blame for the crash. However, the recovery amount will depend on the victim's degree of fault. That’s why it’s important to seek the help you need by working with an experienced San Diego car accident attorney.

Question 3

How Can I Prove Fault in a California Car Accident?

Accepted Answer

If your injury claim is disputed by the insurance adjuster, or the other driver denies fault, you must be able to provide evidence that supports your side of the story. A lawyer can help you gather the following evidence to help you prove liability and hold the negligent parties responsible:

Police and medical reports
Eyewitness testimony
Testimony from accident reconstruction specialists and/or other experts
Photos of the accident site, damage to vehicles, and injuries
Traffic/security camera footage

Your legal team may also invoke your state's traffic laws in order to establish that wrongdoing was committed on the part of the other party. This information is imperative for determining fault in cases where the circumstances aren't apparent at the crash site.

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