Car Accidents

Time Is Not on Your Side After an Accident After a car accident, your world can be turned upside down in an instant. Medical bills pile up. Work becomes impossible. Insurance companies start calling. In the middle of all this, there’s one silent threat that many victims overlook until it’s too late: the statute of limitations. In California, the law gives accident victims a specific timeframe to file a claim or lawsuit. Miss this window, and your right to compensation could disappear—regardless of how strong your case is or how serious your injuries are. At AK Injury Law Firm, we’ve seen too many deserving people lose their chance at justice simply because they didn’t understand the clock was ticking. That’s why we take a smart, strategic approach to every case—because timing isn’t just important in the law; it can define the entire outcome. Led by Dr. Azadeh Keshavarz, a former chiropractor turned personal injury attorney, our firm combines legal expertise with medical insight to build high-impact cases. We don’t just fight. We outthink, outfight, and outwin. What Is the Statute of Limitations? The statute of limitations is a legal time limit that sets how long you have to file a lawsuit after an accident or injury. It’s designed to ensure cases are brought while evidence is fresh and before memories fade. In the context of personal injury law, this deadline is one of the most critical aspects of your claim. No matter how obvious the other party’s negligence may be, if you file after the deadline, the court will almost always dismiss your case. California’s Statute of Limitations for Car Accident Injuries In California, the standard statute of limitations for a personal injury claim resulting from a car accident is: Two years from the date of the injury or accident. This applies whether you were: A driver A passenger A pedestrian A cyclist If you were hurt because of someone else’s negligence, the law gives you two years to act. Property Damage Claims Have a Different Deadline If your vehicle or other property was damaged in the accident but you were not injured, you still have legal rights—but the timeline is slightly different: Three years from the date of the accident to file a property damage claim. So if your car was totaled but you weren’t physically hurt, you may still have more time—but don’t wait. Delays can weaken your negotiating position, especially with insurance companies. Special Cases with Shorter Deadlines: Claims Against the Government If your accident involved a government entity—such as a city bus, a public school vehicle, or a dangerous road condition maintained by the city—the timeline changes drastically. You must: File an administrative claim with the appropriate government agency within six months of the accident. If the government denies your claim, you then have only six months from the date of rejection to file a lawsuit in civil court. This process is complicated and filled with red tape. Missing a single step or deadline can destroy your claim. That’s why it’s essential to involve a knowledgeable attorney as early as possible. What Happens If You Miss the Deadline? If you try to file a lawsuit after the statute of limitations has expired, the defendant (usually the at-fault driver or their insurance company) will immediately ask the court to dismiss your case—and the court will grant that request. It doesn’t matter: How clear the other driver’s fault is How severe your injuries are How much evidence you have Your claim will be barred, and you’ll lose the chance to receive any compensation. This is why we urge all accident victims to speak with an attorney early—even if you’re still recovering. Your legal team can preserve evidence, begin negotiations, and ensure every deadline is met. Tolling: When the Clock Pauses In rare circumstances, California law allows the statute of limitations to be “tolled,” or paused. These exceptions are narrow, but they do exist. Common examples include: The victim is a minor. If the injured person is under 18, the statute usually doesn’t begin until their 18th birthday. The defendant leaves the state. If the at-fault party cannot be served with a lawsuit because they’ve moved out of state, the time may be paused. The victim is mentally incapacitated. If the injured party was not legally competent after the accident due to injury or mental illness, the timeline may be extended. However, these situations are complex and often contested by the insurance companies. If you believe your case may fall under one of these exceptions, don’t try to navigate it alone—get legal help immediately. How Insurance Companies Use Time Against You One of the biggest tactics used by insurance companies is delay. They may: Stall negotiations Claim to be “waiting on paperwork” Make lowball offers to tempt you into settling quickly Why? Because they know the longer they drag things out, the more desperate you may become—and the closer you get to the expiration of your legal rights. Once your statute of limitations runs out, they know you can’t sue. That gives them all the leverage. At AK Injury Law Firm, we never let the clock control our cases—we control the clock. We use every minute strategically to build leverage, apply pressure, and maximize your recovery. Why Quick Action Matters—Even Within the Time Limit Just because you technically have two years doesn’t mean you should wait. Here’s why acting early is smart: Evidence fades. Skid marks disappear. Surveillance footage gets erased. Witnesses forget details. Medical documentation builds value. The sooner you start treatment, the stronger your case becomes. Strong cases settle faster. The more time you give your attorney, the better your outcome—whether in settlement or trial. Insurance companies don’t wait to start working against you. Don’t give them a head start. Dr. Azadeh Keshavarz: Strategic Legal Action from Day One At AK Injury Law Firm, we take pride in being strategic, proactive, and focused on winning smart. Our founder, Dr. Azadeh Keshavarz, spent years treating accident victims

The Hidden Battle Riders Face Motorcycle riders already take on enough risks. From distracted drivers to poor road conditions, every ride demands heightened awareness and skill. But what most riders in San Diego don’t realize is that the greatest risk may not come from the road—it comes after the crash. If you’re involved in a motorcycle accident, you’ll likely be treated differently by the insurance companies, by law enforcement, and even by jurors. Not because of the facts, but because of bias. That bias can deeply impact the outcome of your personal injury case, even when you were clearly not at fault. At AK Injury Law Firm, we know the system doesn’t always treat motorcycle riders fairly. And that’s why we don’t just fight back—we outthink, outfight, and outwin. Founded by Dr. Azadeh Keshavarz, a former chiropractor who became an attorney after witnessing firsthand how injured individuals were mistreated, our firm brings a level of strategic precision that insurance companies can’t ignore. The Reality of Motorcycle Bias in California Let’s be clear: under California law, motorcyclists have the same rights and responsibilities as any other motorist. But when a crash occurs, the perception is often different. Common Biases Against Riders: Motorcyclists are reckless. They speed and weave through traffic. They take unnecessary risks. They assume the risk when they get on a bike. These assumptions are not only false—they’re dangerous. They create an environment where insurance companies, law enforcement, and even jurors are more likely to blame the rider, even when the other driver is clearly at fault. How This Bias Affects Your Case When bias enters the picture, it changes everything. Insurance adjusters might: Deny your claim outright. Lowball your settlement assuming you’ll accept less. Blame you even when their insured driver caused the accident. They may even manipulate the concept of comparative fault, which allows them to reduce your compensation based on your perceived contribution to the accident—even if there’s little or no evidence. The result? You walk away with less than you deserve, or worse, nothing at all. Why This Bias Exists (and Why It’s Wrong) The unfair treatment of motorcyclists stems from years of media portrayal, cultural stereotypes, and misunderstanding. Hollywood often glamorizes bikers as rebels, rule-breakers, or thrill-seekers. These images stick in people’s minds—even if the rider is a law-abiding commuter, a military veteran, or a weekend hobbyist. But studies show that in a majority of motorcycle-car collisions, it’s the driver of the car who is at fault—not the motorcyclist. Still, that doesn’t stop an insurance adjuster from saying, “Well, you were on a motorcycle, so you should’ve expected it.” That’s not law—that’s bias. And we don’t let it stand. Real Dangers Riders Face on San Diego Roads San Diego’s sunny weather and scenic routes attract motorcyclists from all over California. But it also creates crowded streets and fast-moving traffic that doesn’t always share the road responsibly. Motorcyclists face unique dangers, including: Blind spots — where drivers fail to see bikes when merging or changing lanes. Left-turn collisions — when a vehicle turns left in front of an oncoming motorcycle. Road hazards — such as potholes or debris, which affect motorcycles far more severely than cars. Distracted driving — drivers texting or talking on the phone who never see the rider coming. When these accidents happen, riders often suffer catastrophic injuries: broken bones, traumatic brain injuries, spinal cord damage, and more. Yet the burden of proof unfairly shifts onto the rider. How Insurance Companies Exploit This Bias Insurance companies are not in the business of fairness. They are in the business of minimizing losses. And when it comes to motorcycle cases, they know that bias is their best weapon. They may argue: You weren’t wearing visible clothing. You were speeding—based solely on the damage. You were “lane splitting,” even when it’s legal in California. You “assumed the risk” by choosing to ride a motorcycle. This is how they attempt to undermine your credibility and reduce your payout—even when their own client ran a red light or made an illegal turn. That’s why you need more than just a lawyer. You need someone who understands the medical side of injuries, the legal tricks of insurers, and the strategic approach needed to win. Dr. Azadeh Keshavarz: Medical Insight, Legal Precision Before founding AK Injury Law Firm, Dr. Azadeh Keshavarz spent years treating injured accident victims as a chiropractor. She saw how often the system failed them—insurance denials, pressure to settle, and being dismissed as exaggerators. That’s why she became an attorney. She uses her deep understanding of injury treatment, recovery timelines, and medical documentation to build strong, undeniable cases. Her approach isn’t just tough—it’s smart. She knows how to anticipate the defense’s next move and discredit biased assumptions before they ever reach the courtroom. With Dr. Keshavarz, you’re not just hiring an attorney—you’re hiring someone who has walked both sides of the injury world and knows how to beat insurance companies at their own game. What to Do If You’ve Been in a Motorcycle Accident If you’re a motorcyclist who’s been hit by a negligent driver, follow these key steps to protect your case: Call 911 and request medical help — even if you feel okay. Get a police report — it creates a legal record of the crash. Gather evidence — photos, driver information, and witness contacts. Avoid giving a recorded statement to any insurance company. Seek medical treatment and follow through — even for “minor” injuries. Contact a strategic personal injury law firm — the earlier, the better. Remember: the insurance company is already preparing to use your motorcycle against you. You need someone who knows how to turn that narrative on its head. Types of Compensation You May Be Entitled To Motorcycle accidents can lead to life-altering injuries. At AK Injury Law Firm, we pursue every category of compensation available, including: Medical expenses – ER visits, surgeries, long-term care, therapy Lost wages – and future earning capacity Pain and suffering Emotional trauma Loss

Crosswalk Collisions Are More Common Than You Think Being hit while walking in a crosswalk is a terrifying experience. One moment you’re simply crossing the street, and the next, your life has been disrupted by a careless driver. In a state like California, where pedestrian rights are protected under the law, the injustice of being injured while doing everything right is not just frustrating—it’s infuriating. At AK Injury Law Firm, we understand that a crosswalk collision is more than just a case. It’s about your pain, your disruption, and your right to justice. Founded by Dr. Azadeh Keshavarz, a former chiropractor turned personal injury attorney, we don’t just fight—we outthink, outfight, and outwin. With strategic insight and legal precision, we hold insurance companies accountable. But before we take on your case, there are crucial steps you need to take after being hit in a crosswalk to protect your rights and maximize your claim. Step 1: Stay Calm and Call 911 After impact, the shock can cloud your judgment. But if you’re conscious and able to move: Call 911 immediately. Ask for both police and medical assistance. Do not leave the scene unless you’re taken for emergency care. A police report will serve as a key piece of evidence in your case. It documents the facts while they’re fresh, notes the driver’s identity and insurance, and may include witness statements. Even if you feel “okay,” injuries such as internal bleeding, concussions, or soft tissue trauma might not show symptoms right away. Step 2: Collect Key Evidence If you’re able—or someone you trust can do it for you—gather evidence on the scene: Photographs of your injuries, the vehicle, the crosswalk, street signs, and traffic signals. Driver’s information: Name, license, insurance. Witness contact information: Name, phone number, what they saw. Surrounding cameras: Note businesses or intersections that may have captured the incident. Even in crosswalk cases, insurance companies often try to blame the pedestrian. They may say you were jaywalking or not visible enough. Collecting clear visual and factual evidence can stop that argument before it starts. Step 3: Get Medical Attention Immediately After the initial emergency response, follow up with a full medical evaluation. Why? Some injuries like whiplash, concussions, herniated discs, and nerve damage may not show symptoms for days. Gaps in treatment can be used by insurance adjusters to downplay or deny your claim. Accurate, consistent medical documentation supports the full value of your case. As a former chiropractor, Dr. Azadeh Keshavarz deeply understands the long-term impacts of accident injuries—and how to connect those medical realities to legal strategy. Step 4: Do Not Talk to the Insurance Company Alone One of the biggest mistakes pedestrians make is answering a phone call from the driver’s insurance company and thinking they’re just “gathering information.” Here’s the truth:Their goal is to protect their bottom line—not your health, not your rights. They may: Ask misleading questions to trap you into admitting fault. Offer a quick settlement that undervalues your injuries. Try to use your words against you in court. Let your attorney handle all communication. At AK Injury Law Firm, we understand the subtle traps insurers set—and we dismantle them with precision. Step 5: Keep a Pain and Impact Journal From day one, begin documenting how your injuries affect your daily life: Pain levels (1–10) Activities you can’t do Missed work Emotional distress Sleep disturbances Relationship or caregiving changes This journal is invaluable in calculating non-economic damages like pain and suffering or emotional trauma. Step 6: Watch What You Post Online In the age of social media, it’s common for insurance companies to monitor your online activity. A seemingly harmless photo at a family event—or even a comment—can be twisted to claim you’re exaggerating your injuries. Avoid: Posting pictures after your accident Discussing the accident online Allowing new people to follow you on private accounts Your digital footprint can impact your case more than you think. Step 7: Understand California’s Pedestrian Laws In California: Pedestrians have the right of way in marked and unmarked crosswalks (CVC §21950). Drivers are required to yield and use due care to avoid collisions. A pedestrian has a duty of care, but stepping into the crosswalk lawfully gives them legal protection. Despite this, insurance companies often try to invoke comparative negligence, suggesting that the pedestrian was partially at fault. Even a 10% fault assignment can reduce your compensation by thousands. We anticipate these arguments and prepare to dismantle them before they’re even made. Step 8: File Your Claim Within the Deadline In California, you typically have two years to file a personal injury lawsuit. However: If a government vehicle or city entity is involved (like a public bus), you may have only six months to file a claim. Don’t wait. The earlier you act, the better your chances of building a powerful case. Step 9: Work With a Strategic Legal Team What makes AK Injury Law different? Most firms say they fight. We do too—but not blindly. Dr. Azadeh Keshavarz saw how insurance companies took advantage of accident victims when she was a chiropractor. Patients would get low-balled, denied care, or drowned in red tape. That’s why she became an attorney—to outthink the system that failed her patients. Today, she leads one of the most respected female-owned injury law firms in San Diego. Our entire legal approach is tactical, strategic, and precisely executed to beat the insurance company at their own game. Step 10: Know the Types of Damages You May Be Entitled To If you’ve been hit in a crosswalk, you may be eligible for: Medical expenses (past, present, future) Lost wages and loss of earning capacity Pain and suffering Emotional distress Permanent disability or disfigurement Punitive damages (in cases of reckless behavior) Loss of enjoyment of life These aren’t just line items—they represent the real toll the accident has taken on your life. We fight to ensure every dollar is accounted for. How We Can Help At AK Injury Law Firm, we don’t just take pedestrian

The Rise of Bicycling in California California, and particularly San Diego, has seen a major increase in the number of people using bicycles for transportation, fitness, and leisure. With a growing number of bike lanes, green initiatives, and cycling communities, it’s more important than ever for cyclists to understand the laws that protect and regulate their rides. But here’s the twist—just like motorists, cyclists are subject to specific rules of the road. And when accidents happen, understanding these laws becomes crucial in establishing fault and protecting your rights. At AK Injury Law Firm, we know the stakes. We’ve seen firsthand how insurance companies try to deny or minimize claims. That’s why knowing the legal landscape isn’t just helpful—it’s a strategic advantage. California’s Legal Definition of a Bicycle Under California law, a bicycle is considered a vehicle. This means that cyclists have the same rights and responsibilities as drivers of motor vehicles. According to the California Vehicle Code (CVC), a bicycle is a device propelled by human power through pedals, having one or more wheels. Why does this matter? Because the moment you’re on the road, the same laws that apply to a car apply to you in many ways—particularly when it comes to obeying traffic signals, right-of-way, and yielding. Where Cyclists Can (and Cannot) Ride California Vehicle Code Section 21200 and 21202 dictate where a cyclist can legally ride: On the Roadway: Cyclists must ride as close as practicable to the right-hand curb or edge of the roadway unless: Overtaking another vehicle Preparing for a left turn Avoiding hazards Traveling at the same speed as traffic Bike Lanes: Where a bike lane is provided, cyclists must use it if they are moving slower than traffic, unless they are turning left or avoiding an obstruction. Sidewalks: Whether a cyclist can ride on the sidewalk depends on local municipal ordinances. In San Diego, it’s generally prohibited in business districts. Failing to follow these regulations can not only lead to citations but also affect the outcome of a personal injury claim. Helmet Laws in California California requires helmets for: Riders under 18 years of age Any person riding an electric bicycle (Class 3) or e-scooter Adults are not legally required to wear helmets on standard bicycles, but wearing one could significantly impact your injury claim in case of an accident. Insurance companies may argue “comparative negligence” if you weren’t wearing a helmet and suffered a head injury—even if the driver was at fault. Rules for Night Riding California law mandates that cyclists riding at night must be equipped with: A front white light visible from at least 300 feet A red rear reflector visible from 500 feet Reflectors on pedals or cyclist’s shoes Reflectors on the wheels or tires for visibility from the side Failure to comply with these rules can weaken your case in a bike accident—especially if visibility is a key factor in determining fault. Right-of-Way and Stop Sign Rules Cyclists must: Obey stop signs and traffic signals Yield to pedestrians in crosswalks Signal before turning or stopping (using hand signals) Violating these laws not only puts you at risk of injury but could also limit your ability to recover compensation after an accident. Common Scenarios Where Cyclists Are Injured Despite the legal protections in place, cyclists often find themselves the victims of serious injuries caused by negligent drivers. Common scenarios include: Dooring Accidents – When a driver opens their door without checking for cyclists. Right Hook Collisions – When a car turns right across a bike lane. Left Turn Crashes – When a vehicle turning left fails to yield to an oncoming cyclist. Rear-End Collisions – Often due to distracted driving or failure to notice the cyclist. In each of these cases, insurance companies may try to shift blame onto the cyclist. That’s where having a strategic and experienced attorney makes all the difference. Insurance and Liability: What Cyclists Need to Know Many cyclists don’t realize they can file a claim against a negligent driver’s auto insurance policy. If the driver is at fault, their bodily injury liability coverage is designed to compensate the injured party—including cyclists. But here’s the catch: insurance companies are trained to minimize payouts. They may argue: You weren’t visible enough. You weren’t in the bike lane. You should have reacted faster. This is where the expertise of a smart, strategic law firm like AK Injury Law becomes essential. We anticipate these tactics and prepare counterarguments from day one. Comparative Fault in Bicycle Accidents California follows the principle of comparative negligence, which means that if you’re partially at fault, your compensation can be reduced proportionally. For example: If you’re found 20% at fault and awarded $100,000, you receive $80,000. If you’re 50% at fault, you get $50,000. This is a tactic insurance companies love to exploit. At AK Injury Law, we work proactively to reduce or eliminate claims of comparative fault—by gathering surveillance, interviewing witnesses, and using expert accident reconstructionists when needed. What to Do After a Bicycle Accident If you’re involved in a crash: Call 911 and report the incident. Do not admit fault, even if you’re shaken. Collect evidence: photos of the scene, damages, vehicle plate, and driver’s info. Seek medical attention, even for minor injuries. Do not speak to the insurance company before talking to a lawyer. Dr. Azadeh Keshavarz, the founder of AK Injury Law, understands not only the legal aspect but also the physical toll an accident can take on your body. As a former chiropractor, she has deep insight into your injuries—and knows how to communicate the long-term impact to insurance companies and juries. E-Bikes and Scooters: Are They the Same? California has recently passed additional laws for electric bicycles and scooters, including: Mandatory helmet laws for certain classes Restrictions on sidewalk usage Speed limits on multi-use paths If you’re injured on an e-bike, your claim will likely follow the same process as a bicycle accident—but these new classifications can complicate your case. Make sure your attorney understands the

Most car accident claims are settled out of court—and for good reason. Trials are time-consuming, expensive, and emotionally taxing. But sometimes, settling is not the right move—especially when the insurance company undervalues your injuries or outright denies your claim. At AK Injury Law Firm, we believe in smart strategy over blind aggression. Led by Dr. Azadeh Keshavarz, a former chiropractor turned powerful personal injury attorney, our team evaluates every case not just for what it’s worth—but how it can be won. And sometimes, that means going to trial. So, when should you settle? And when is trial your best path to justice? Let’s break it down. The Settlement Process: Fast, Private, and Common Settlements are negotiated agreements between the injured party and the insurance company (or defendant) to resolve the case without going to court. Most personal injury claims settle because: They’re faster than trials They’re less costly They allow both parties to avoid the unpredictability of a jury However, convenience should never come at the cost of fairness. And that’s where many accident victims make their first mistake—accepting too little, too soon. Why Do So Many Lawyers Push for Settlements? Some law firms settle nearly all of their cases, regardless of merit or strategy. Why? They lack trial experience or courtroom confidence Trials require more time, staff, and preparation Quick settlements mean quicker attorney fees They assume you, the client, don’t want to go to trial But AK Injury Law Firm is different. We prepare every case as if it’s going to trial. Why? Because it gives us leverage in negotiations—and because some cases truly need to go to court to get the compensation our clients deserve. The Insurance Company’s Game: Delay, Deny, Underpay Insurers are not on your side. Their goal is to minimize payouts, and they use a variety of tactics to do just that: Delaying claims to wear you down Denying legitimate injuries Offering lowball settlements, especially early on Blaming you for the accident (even partially) Disputing the extent or cause of your injuries In these scenarios, settlement is not a resolution—it’s a surrender. At AK Injury Law, we don’t play their game. We build strong, fact-driven cases backed by medical knowledge, strategic arguments, and a readiness to fight in court if that’s what it takes. When Should a Car Accident Case Go to Trial? While every case is unique, there are clear indicators that going to trial may be the better path: 1. The Insurance Company Refuses to Offer a Fair Settlement If the insurer is offering a fraction of your case’s worth, trial becomes the smart response. For example: Your medical bills total $60,000 You’ve missed months of work You’re suffering ongoing pain and trauma But the insurer offers $30,000 to settle This is not negotiation—it’s exploitation. And we don’t accept it. By taking the case to trial, we put the decision in the hands of a jury, not an adjuster looking at a spreadsheet. 2. Liability Is Disputed If the other driver denies fault—or worse, tries to blame you—a trial may be necessary to prove what really happened. This is common in: Intersection accidents Multi-vehicle pileups Rear-end collisions where the lead driver stopped suddenly Motorcycle or pedestrian accidents In these situations, we use: Crash reconstruction experts Eyewitness testimony Dashcam or surveillance footage Cell phone data Police reports Our founder, Dr. Keshavarz, combines her medical knowledge and courtroom skill to show why your injuries happened, how they happened, and who is truly responsible. 3. Your Injuries Are Severe or Permanent High-damage cases often require trials because: The insurance company wants to avoid setting high precedents They doubt the extent or permanence of your injuries They suspect you’ll accept less out of desperation But serious cases—like spinal injuries, traumatic brain injuries, or long-term disability—demand serious compensation. At AK Injury Law, we don’t fold under pressure. We bring in: Medical specialists Economists to project future loss Vocational experts Lifecare planners This level of preparation positions us to present a compelling, strategic case to a jury when the insurer refuses to step up. 4. You’re Being Blamed for Your Injuries (Comparative Negligence) In California, your compensation is reduced based on your share of fault. Insurance companies love using this to shrink payouts. They may say: You were speeding You weren’t wearing a seatbelt You were distracted You didn’t seek treatment soon enough When blame is being unfairly placed on you, trial becomes the platform to clear your name and protect your claim. We build counter-narratives using: Expert medical opinions Precise timelines Photo and video evidence Witness corroboration We know how to dismantle insurer narratives—and convince juries to see the real story. 5. Bad Faith by the Insurance Company If the insurance company is acting in bad faith, meaning they: Deny claims without justification Refuse to communicate Alter or hide evidence Lie about coverage terms …then a lawsuit and trial may be necessary—not just to recover your damages, but to hold the insurer accountable for their misconduct. At AK Injury Law, we know the difference between a tough negotiation and a dirty game. We pursue bad faith claims aggressively when insurers cross the line. What to Expect if Your Case Goes to Trial Trial Timeline: Filing the lawsuit: Complaint and response Discovery: Gathering documents, depositions, evidence Motions and hearings: Legal arguments before the judge Trial: Jury selection, opening arguments, witness testimony, closing, and verdict This process can take months or even a year or more, depending on the complexity of the case and court availability. But when the stakes are high, and the other side won’t budge, it’s worth the time to get what you truly deserve. The Strategic Edge: Why AK Injury Law Is Built for Trial Most personal injury firms settle because they can’t—or won’t—go to trial. That’s where we’re different. Dr. Azadeh Keshavarz isn’t just an attorney—she’s a former doctor of chiropractic who understands your injuries from the inside out. Her unique background allows us to: Interpret and present medical records clearly Counter deceptive

Car accidents are rarely simple. In many cases, both drivers may share some level of blame. Maybe one driver was speeding, while the other ran a stop sign. In these gray areas, who pays—and how much—depends on California’s comparative negligence laws. At AK Injury Law Firm, we’ve helped countless clients recover compensation even when insurance companies tried to blame them for their own injuries. Dr. Azadeh Keshavarz, a former chiropractor and now a tenacious personal injury attorney, understands not only how injuries work—but how insurers twist facts to avoid paying what victims deserve. Breaks down how comparative negligence works in California, how it can affect your car accident settlement, and how smart legal strategy can make all the difference in your case. What Is Comparative Negligence? The Legal Concept Comparative negligence is a legal principle that allocates fault between parties in a car accident. Rather than assigning 100% blame to one side, the law acknowledges that multiple people can contribute to a crash—and still recover damages, even if they were partially at fault. California Uses “Pure” Comparative Negligence There are different versions of comparative negligence across the U.S., but California follows what’s called pure comparative negligence. This means: Even if you’re 99% at fault, you can still recover 1% of your damages from the other party. Let’s say your total damages are $100,000 and you were found to be 25% responsible. Under California’s system, your recovery would be reduced by that percentage—meaning you’d still receive $75,000. Why Insurance Companies Love Blaming the Victim Insurance companies are not in the business of fairness. The more fault they can shift to you, the less they have to pay. It’s that simple. We’ve seen insurers: Claim the victim “slammed on the brakes too suddenly” Argue a motorcyclist “should’ve anticipated the hazard” Say a pedestrian “wasn’t in a crosswalk” Suggest the driver “could’ve done more to avoid the crash” And in many cases, they succeed—unless you have someone on your side who knows exactly how to dismantle these arguments. That’s where AK Injury Law Firm comes in. With Dr. Keshavarz’s dual expertise in injury care and legal strategy, we can counter these tactics with fact-based, medically-informed arguments that strip the insurance companies of their leverage. Real-World Example: Comparative Negligence in Action Scenario: You’re driving through an intersection on a green light when another driver runs a red light and crashes into you. However, you were going 10 mph over the speed limit. What Happens: The other driver is clearly at fault for running the red light. But the insurer may argue that your speeding contributed to the severity of the crash. If the case goes to trial (or even in settlement negotiations), you could be found 20% at fault for speeding. If your total damages were $80,000, your award would be reduced by 20%, and you’d receive $64,000. Factors That Affect Comparative Fault in California Several variables come into play when determining comparative fault: 1. Speed Were you driving too fast for the conditions—even if not technically speeding? 2. Distractions Were you using your phone, adjusting the radio, or otherwise distracted? 3. Traffic Violations Did you roll through a stop sign, make an illegal turn, or forget to use a turn signal? 4. Impairment Were drugs, alcohol, or even fatigue involved? 5. Passenger or Pedestrian Behavior In some cases, passengers or pedestrians can be partially at fault if they were acting unsafely. At AK Injury Law, we break down every detail of your accident, gathering evidence, witness statements, dash cam footage, and expert analysis to minimize any attempt to unfairly place blame on you. How Comparative Negligence Impacts Settlements Insurance Adjusters Use It to Reduce Payouts Comparative negligence is one of the insurance industry’s favorite tools. If they can convince you—or a jury—that you share even partial blame, they reduce your compensation accordingly. Often, they’ll make statements like: “We agree their driver was mostly at fault, but you didn’t yield either.” “We’re offering you $15,000 instead of $50,000 because of your speeding.” “Your injuries could’ve been prevented if you were wearing your seatbelt.” Without strong legal representation, you might feel like you have no choice but to accept. But with AK Injury Law, we don’t accept assumptions. We investigate, challenge, and counter every claim—turning their argument on its head using a strategic, evidence-driven approach. Seatbelts and Comparative Fault: A Common Trap One common situation in comparative negligence claims is the failure to wear a seatbelt. California law requires all drivers and passengers to wear seatbelts, and not doing so can be used as a partial defense by the at-fault driver’s insurance company. Here’s What Happens: You suffer severe injuries in a crash caused entirely by the other driver. But you weren’t wearing your seatbelt. The insurer argues that your injuries were worse because of that choice—and reduces your payout accordingly. How We Defend Against It: We bring in biomechanical experts, accident reconstructionists, and medical specialists to show: Your injuries would have occurred regardless of a seatbelt. The severity wasn’t entirely due to seatbelt non-use. Other factors contributed more significantly to your injuries. This smart, data-backed defense can preserve thousands in compensation that would otherwise be lost to oversimplified blame. Comparative Negligence in Multi-Car Accidents Three-car pileups or chain-reaction collisions can involve multiple levels of fault. For example: Car A rear-ends Car B, pushing it into Car C. Car C sues Car B and A. Car B says Car A is mostly responsible. In such cases, each party’s percentage of fault is analyzed and assigned based on their role in the crash. It’s messy. It’s complicated. And insurance companies use that confusion to stall, shift blame, and minimize payouts. Our advantage at AK Injury Law Firm? We cut through the chaos. We map out liability clearly, push back on misdirection, and keep your claim on track for maximum results. What Evidence Helps Reduce Your Share of Fault? To minimize your assigned fault in a comparative negligence case, we gather and organize critical evidence such

Car accidents are chaotic. One moment you’re commuting or running errands—next, you’re facing pain, property damage, hospital visits, and relentless insurance adjusters. In this swirl of stress, many accident victims unknowingly make critical mistakes that severely damage their legal and financial outcomes. At AK Injury Law Firm, we’ve seen how innocent missteps—like talking too freely with an insurance company or delaying medical care—can cost victims tens of thousands of dollars. Our founder, Dr. Azadeh Keshavarz, brings a powerful dual perspective to personal injury law. As a former doctor of chiropractic, she’s treated accident victims firsthand. As an attorney, she knows exactly how insurance companies exploit your uncertainty. Let’s break down the top mistakes accident victims make—and how to avoid them using smart, strategic legal thinking. 1. Talking to the Insurance Company Without Legal Counsel The Mistake: Many people mistakenly assume the insurance company is there to help. They speak freely during calls, make casual comments like “I’m feeling better,” or provide recorded statements—thinking they’re simply cooperating. Why It’s Dangerous: Insurance adjusters are trained to minimize payouts. Anything you say—no matter how harmless it sounds—can and will be used against you later. Even a small contradiction in your statement can be twisted to devalue your injuries. What to Do Instead: Politely decline to make a recorded statement. Refer all communication to your attorney. Let a strategic legal team like AK Injury Law handle the insurance conversations for you. We don’t just push paperwork—we anticipate their moves and outsmart them at every turn. 2. Delaying Medical Treatment The Mistake: Many accident victims don’t feel pain right away. They might skip the ER or delay seeing a doctor, hoping it’ll pass. Others don’t want to “overreact” or worry about medical bills. Why It’s Dangerous: Insurance companies use delays to question the legitimacy of your injuries. If there’s a gap between the accident and your first medical visit, they’ll argue that your injuries aren’t related or aren’t serious. What to Do Instead: Get checked out immediately—even if you feel okay. Injuries like whiplash, concussions, or soft tissue damage often show symptoms days later. At AK Injury Law, Dr. Keshavarz’s medical background ensures we understand and can fully document these “invisible injuries” that insurers try to ignore. 3. Posting on Social Media The Mistake: In today’s world, it’s instinctual to share life updates. You might post a photo at a party or write, “Feeling better!” to reassure friends and family. Why It’s Dangerous: Insurance investigators monitor your social media. A single photo, check-in, or comment—even taken out of context—can be used to claim you’re not injured or exaggerating your pain. What to Do Instead: Go quiet. Temporarily pause posting or set your profiles to private. Do not accept friend requests from people you don’t know. And most importantly, never discuss your accident or recovery online. 4. Accepting the First Settlement Offer The Mistake: You get a call or letter with a settlement offer. It sounds like decent money, and you’re tempted to “get it over with” so you can move on. Why It’s Dangerous: The first offer is almost always a lowball. It won’t account for long-term medical needs, future therapy, lost earning potential, or pain and suffering. Once you sign, you waive your right to future compensation—even if your condition worsens. What to Do Instead: Never accept an offer without reviewing it with a skilled personal injury attorney. At AK Injury Law, we assess the full scope of damages—both immediate and long-term—and strategically negotiate for what you truly deserve. 5. Not Documenting the Scene or Injuries Properly The Mistake: In the aftermath of a crash, many victims forget to collect evidence. They may leave without taking photos, don’t get the contact info of witnesses, or fail to note road conditions and traffic signs. Why It’s Dangerous: Memories fade and evidence disappears quickly. Without photos, videos, or documentation, it becomes your word against theirs—a position insurers love. What to Do Instead: If you’re able, document everything at the scene: Take photos of all vehicles, damage, road conditions, and injuries. Get names and contact info for any witnesses. Ask for a copy of the police report. If you’re too injured to gather info, contact an attorney immediately. At AK Injury Law, we move fast to secure evidence, interview witnesses, and reconstruct the scene if necessary. 6. Failing to Follow Medical Advice The Mistake: Some victims stop going to physical therapy or skip follow-up appointments—either because they’re feeling better or due to inconvenience or cost. Why It’s Dangerous: When you skip treatment, insurance companies argue that your injuries aren’t serious or that you made them worse by not following your doctor’s recommendations. What to Do Instead: Stick with your treatment plan and keep all medical appointments. Consistency in care strengthens your case. At AK Injury Law, we help clients coordinate ongoing care and ensure their treatment is well documented in ways insurance companies can’t dispute. 7. Thinking You Don’t Need a Lawyer The Mistake: Some people assume they can handle the claim themselves or think lawyers are too expensive. Others feel they don’t have a “big enough” case to warrant representation. Why It’s Dangerous: Personal injury law is complex. Insurance companies bank on the fact that you’re unrepresented—because they know they can settle for less and keep you in the dark about your rights. What to Do Instead: Consult with an attorney right away. At AK Injury Law, we offer free consultations, and you don’t pay us unless we win your case. Our strategic, client-first approach ensures every case—big or small—is treated with the attention and precision it deserves. 8. Underestimating the Long-Term Impact The Mistake: Some victims focus only on today’s bills, failing to consider future issues like: Chronic pain Mobility loss PTSD or emotional trauma Long-term disability Job loss or reduced earning potential Why It’s Dangerous: A rushed or undervalued settlement can’t be reopened. Once you accept it, it’s final—even if you face complications later. What to Do Instead: Think long-term. AK Injury Law

Driving in San Diego presents its own unique set of challenges. The city’s layout and heavy traffic can make navigating intersections a little bit riskier. These junctions often become hotspots for accidents due to various factors, from driver error to complex road designs. Dangerous intersections to look out for Intersections are critical points in traffic flow where multiple roads meet. Past reports concluded that intersections accounted for a significant portion of traffic accidents in San Diego. Here are some of the city’s most dangerous intersections: Palm Avenue & 16th Street Imperial Avenue & 26th Street Market Street and 19th Street University Avenue and 44th Street University and College avenues El Cajon Boulevard and 46th Street El Cajon Boulevard and Altadena Avenue El Cajon Boulevard and 60th Street Clairemont Mesa Boulevard and Doliva Drive Rosecrans and Moore streets University Avenue and Alabama Street Federal Boulevard and Euclid Avenue Mira Mesa Boulevard and Black Mountain Road Mira Mesa Boulevard and Aderman Avenue Westview Parkway and Mira Mesa Blvd The complexity of traffic signals, varied vehicle speeds, and pedestrian crossings contribute to the risk. Drivers must exercise caution and remain aware of their surroundings to navigate these areas safely. Practicing safe driving Staying safe at intersections requires being alert and adhering to traffic rules. Always approach intersections with caution and reduce speed. Make eye contact with other drivers and pedestrians to ensure everyone’s intentions are clear. Keep distractions to a minimum; avoid using your phone or adjusting controls while crossing intersections. Regularly check mirrors and blind spots to stay aware of nearby vehicles. Additionally, practicing defensive driving techniques can significantly reduce the risk of accidents. What to do if you were involved in a car accident? If you find yourself involved in an accident at an intersection, ensure safety first. Move to a safe location and check for injuries. Document the accident with photos and gather information from witnesses. Contact the police to report the incident and seek medical attention if needed. If you were a victim of a car accident caused by negligence, you may reach out to legal professionals. They can help you with insurance claims and provide representation to ensure fair treatment. They can also guide you through the process and help secure compensation if warranted.

Car accidents can be traumatic events that leave lasting effects not only on the body but also on the mind. Even after your physical injuries heal, the emotional and mental scars can still affect how you feel and live your life. Thankfully, the right support can help you emotionally recover. What support can help people deal with the emotional aftermath of a crash? Injured people may turn to a variety of different sources of support after a crash. These include: Support groups: There are groups for people who have survived car accidents. These groups let you meet others who have been through similar experiences, and they can give you support and advice. Professional counseling: Talking to a counselor or psychologist can help you sort through your feelings and find ways to deal with anxiety, depression or PTSD caused by the accident. Medication: Medication can play a significant role in helping people manage the emotional aftermath of a car crash. Medication can also help people manage sleep disturbances associated with PTSD, anxiety or depression. Unfortunately, that support can be costly in many cases. Medication and therapy can add to the already high cost of medical care that many injured people face. How can a lawsuit help? While emotional and psychological support resources are critical, it is also important to recognize the ways that taking legal action can help injured people. A lawsuit can help you get money not just for physical injuries but also for the mental impact of the accident. Taking legal action can provide: Compensation for treatment: A successful lawsuit can provide you with money to help pay for medical care, including therapy needed to deal with the trauma of a crash. Compensation for emotional distress: The emotional impact of a crash can also be a part of compensation for pain and suffering. Reduced financial stress: Financial worries can also worsen the stress experienced by injured people. A lawsuit can ease the stress about the costs of medical care, lost wages, and other expenses from the accident. Closure and justice: Pursuing a lawsuit can also provide a sense of justice and closure for many victims. Holding the responsible party accountable can be an important step towards healing. To understand how a car accident lawsuit could help you address the emotional impact of a crash, consider speaking to an experienced attorney. They can help you assess the full impact of what happened to you and make sure your lawsuit covers all your suffering. Recovering from a car accident involves addressing both physical injuries and emotional wounds. Thankfully, there are avenues available to help injured people recover and move forward after a crash.

If you’ve been involved in a car accident, documenting your injuries is an essential step in both your recovery and any potential legal claims. What to document Proper documentation will help you receive the right care and compensation after this traumatic time. Some essential steps to effectively document your injuries after a car accident include: Seeking medical attention as soon as possible. Even if your injuries seem minor, receiving a doctor’s evaluation promptly is critical, as that aids your recovery and creates an official record of your injuries. Ask for and retain a copy of your medical records, treatment plans and any expenses you incur due to the accident. This will help substantiate your injuries and the cost associated with your treatment. If possible, take photos and videos of the injuries, the accident scene, vehicle damage and the road conditions. Keep a daily journal to help you track your recovery and note your progress daily, as well as any issues you encounter during your recovery. If people witnessed the accident, gather their statements and ask for their contact information, as they can corroborate your account of the accident. Contact a personal injury attorney as soon as possible. It is critical to speak with an experienced legal counselor even if you are not sure you have a claim. By following these critical steps, you are one step closer to recovering and seeking compensation for your injuries, if appropriate. Your health and well-being are vital, so take the time to document what happened and keep that information in a safe place.