In an instant, a car accident can change your life forever. One minute, you are safe in your vehicle, the next, you are struggling with life-changing injuries. You could be facing permanent disabilities, extended time off work, and chronic pain that decreases your enjoyment of life. You deserve to be fairly compensated for such consequences that were not your fault.
An experienced El Cajon car accident attorney from the Miller & Steele Law Firm is ready to help you throughout all aspects of your case. Our El Cajon injury attorney can explain your legal rights and options during a free consultation that you can arrange by calling today.
Why You Need an Experienced El Cajon Car Accident Attorney
Car accidents are a leading cause of injuries in California. One of the most common ways to recover compensation after a motor vehicle accident is by filing an insurance claim. This is where the problems start.
Insurance companies are for-profit companies. They rake in millions of dollars every year by receiving more money in compensation than they pay out for claims. You reasonably want to recover fair compensation for your accident-related losses and injuries, including medical bills, lost income, and pain and suffering. This means that the insurance company’s interests are directly opposed to yours, and that’s true whether you’re dealing with the insurance company of the at-fault driver or your own.
At the Miller & Steele Law Firm, our El Cajon motor vehicle accident attorneys have extensive experience dealing with insurance companies. We know the tactics that they use to try to deny or minimize payouts, such as demanding recorded statements, blaming you for the accident, requesting extensive medical records, and offering lowball settlement offers. We handle all communications with insurance companies and fight to protect our clients’ rights throughout the insurance claim process.
Contact us today to schedule a free case review.
California Insurance Laws
California is an at-fault state for car accidents, so the at-fault driver is responsible for paying for the damages that they cause. Typically, this is accomplished through filing an insurance claim with the at-fault driver’s liability insurance. All California drivers are required to maintain insurance in the following minimum amounts:
- $30,000 in bodily injury for one person
- $60,000 in bodily injury for more than one person
- $15,000 in property damage per accident
If the at-fault driver was not insured, you could file a claim with your uninsured motorist coverage. Your car accident lawyer can also advise you on your options for suing the at-fault driver or identifying other responsible parties.
Common Causes of Car Accidents in El Cajon, California
Driver error is the leading cause of car accidents. Many motor vehicle accidents occur to driving mistakes or lapses in judgment, such as:
- Speeding
- Distracted driving
- Impaired driving
- Running red lights or stop signs or otherwise disobeying traffic signs or signals
- Failing to yield the right of way to other motorists, pedestrians, or bicyclists
- Unsafe passing
- Unsafe lane changes
- Failing to check blind spots when merging
Some accidents can involve other parties’ negligence, such as negligent vehicle maintenance, which may come into play if you file a claim against the vehicle’s owner, instead of or rather than the driver. Vehicle defects can contribute to accidents, which may involve product liability claims against auto manufacturers.
What If I Was Partially at Fault for a Car Accident in California?
California uses a pure comparative negligence rule that applies when the accident victim contributed to their own injuries. Under this rule, an accident victim can seek compensation from another party as long as that party contributed to fault to any degree, even just 1%. However, their compensation is reduced by their degree of fault. Therefore, if they were found 40% at fault for an accident and sustained $100,000 in damages, their damages award would be reduced by $40,000 or 40% in this example.
Financial Damages Recoverable in an El Cajon Car Accident
Because car accidents can cause extensive harm, accident victims may be eligible to recover various types of damages, such as:
- Medical expenses: This form of damages pays for ambulance rides, hospitalizations, emergency medical treatment, surgeries, diagnostic tests, prescription medication, ongoing medical expenses, physical therapy, rehabilitation, and future medical expenses.
- Lost wages: Accident victims have the right to seek compensation for their lost wages, including lost hourly pay, salary, bonuses, commissions, tips, and other forms of lost income.
- Reduced earning capacity: You can also seek compensation for your lost or diminished earning capacity if your injuries led to a permanent disability or your need to change jobs.
- Property damage: You can seek compensation for the costs necessary to repair or replace your damaged vehicle and other personal property damaged in the accident.
- Out-of-pocket expenses: You may be able to recover compensation for rental car expenses, rideshare costs, and other expenses you pay out of pocket.
- Pain and suffering: Accident victims have the right to recover compensation for their non-economic damages, including for their physical pain and suffering.
- Mental distress: Car accidents can be psychologically traumatic, in addition to physically damaging. You can seek compensation for psychological trauma, mental anguish, and emotional distress.
- Disfigurement: Some car accidents can cause permanent scarring and disfigurement that accident victims can seek compensation for.
- Lost enjoyment of life: Your life could be impacted negatively due to the accident, and you can seek compensation for this negative impact.
Our personal injury attorneys can work tirelessly to identify all damages you are entitled to and fight for them.
What Is the Statute of Limitations for a Personal Injury Lawsuit in California?
The statute of limitations is the time limit that parties have to file a case after a legal cause of action arises. The statute of limitations in California is two years from the date of the accident. If you miss this timeframe, you can lose your right to recover compensation or seek justice through the court.
Contact Our El Cajon Car Accident Attorneys for Your Free Consultation
Were you injured in an auto accident in El Cajon? If so, an experienced El Cajon car accident attorney from the Miller & Steele Law Firm can guide you through the legal process of filing a personal injury claim to seek the compensation that you deserve. Call us today for a free case review.