Car Accidents Lawyer San Diego
The Compassionate Representation You Need After A Car Accident
San Diego and the surrounding areas have busy highways and bustling local roads. Unfortunately, many people suffer injuries in an accident on Interstate 15, the 805 freeway or the busy Mira Mesa Boulevard. Wherever your accident occurred, you deserve compensation for your suffering. At AK Injury Law Firm, our attorney, Dr. Azadeh Keshavarz, will fight tirelessly to protect your rights.
When you work with us at AK Injury Law Firm, our attorney will take a hands-on approach to your case. You will always receive the personalized attention you expect when working with a locally owned firm. We understand how to balance aggressive advocacy with the compassion you need to get through this difficult time.
An Injury Lawyer Who Understands The Medical Nuances Of Your Case
Our car accident lawyer uses her decade of experience as a Doctor of Chiropractic Medicine to help her advocate for clients throughout the legal process. Having seen and treated common car accident injuries firsthand, she has a unique understanding of the medical side of your case.
Accident victims in California must file a separate property damage claim with the California Department of Motor Vehicles for any motor vehicle accident with damages greater than $1,000. To report your accident, you must file an SR-1 form that describes the accident, damages and provides evidence. Afterward, the other driver’s insurer takes over to negotiate the claim.
After suffering an injury, this process can be overwhelming. We will provide the support and guidance you need to file a successful claim for your injuries and damage to your vehicle. We can also help file a wrongful death claim if your loved one died due to an automotive accident.
What Are The Most Common Car Accident Injuries?
Car accidents lead to more than just a wrecked vehicle. Vehicle occupants can suffer depending on the severity of the collision and other circumstances. Some of the more common injuries you can suffer following an accident include:
- Head injuries: In a crash, you can suffer head injuries even if there’s an airbag. Your head could hit the side of the car’s interior or the steering wheel despite an airbag deploying. You might suffer some facial injuries such as cuts or bruises, but sufficiently strong impacts can lead to concussions and traumatic brain injury.
- Neck injuries: One of the more common injuries you can suffer following an accident is whiplash. This occurs when the neck suddenly snaps backward or forward, straining the neck muscles. You can also suffer whiplash if a defective airbag deploys too late.
- Back injuries: A car wreck can result in spinal cord injuries. These can be alarming since nerve damage can interfere with your movement and sensation, so you might not even immediately feel pain from a spinal cord injury.
- Chest injuries: The impact of an accident can cause bruising on your chest or broken ribs. While broken ribs can heal, they can puncture blood vessels or organs and cause internal bleeding.
- Limb injuries: Collisions can break the bones of your limbs or cause dislocations. In the worst cases, a catastrophic crash may also lead to the traumatic amputation of one of your limbs, especially if the impact causes your leg or arm to get caught between crushed parts.
- Other injuries: You could potentially suffer bruising in other parts of your body due to a vehicular crash. Loose sharp objects and debris also may hit you in an accident, which can cause penetrating injuries.
You might not be immediately aware of all your injuries right after a collision. Even if you can walk away from a crash, you should let emergency responders see your injuries so that they can evaluate your condition. This will set you on the path to recovery faster and allow you to document any serious injuries for a potential claim.
What Should You Do After A Car Accident?
Being in a car accident can be traumatic. However, during the incident, you should stay calm to avoid making rushed decisions. Here is what you should do immediately following a car accident:
- Check for injuries: After an accident, the priority is to check yourself, your passengers and others involved in the wreck for injuries. Regardless, call emergency services immediately since some injuries may not even be visible.
- Move to safety: If possible, keep your car off the main road to help avoid creating traffic and further accidents. Also, turn on the hazard lights to alert oncoming vehicles.
- Call the police: Despite the nature of the accident (minor or major), you should report the incident to the police. They can process the accident scene and write an official report, which you may need during insurance claims.
- Exchange information: Share your insurance and contact information with the involved party(s). Include insurance policy details, phone numbers, names, license plate numbers or email addresses.
- Do not discuss the accident or admit fault. If you are uncomfortable making the exchange of information, wait until the police arrive and allow them to facilitate that process.
- Document the scene: Photograph the accident scene, including vehicle damage, road conditions and the surrounding area. This documentation is an important proof of the accident and is valuable during insurance claims and legal purposes.
- Contact your insurance company: Report the accident to your insurance company as soon as possible. Give all the gathered information like photos, videos and police reports.
- Consider working with an attorney: Depending on the severity of the accident and potential injuries, you may want to work with an injury law firm. They can provide legal guidance, especially if there is a dispute over liability or if you are facing significant medical expenses.
By following the steps above, you can help protect your interests while ensuring the safety of those involved in the accident. Emotions may run high, but maintaining your composure at the scene can help with your claim in the future.
Statute Of Limitations For Car Accident Claims
The statute of limitations is the time limit within which you must file a lawsuit or legal claim. These limitations help to ensure cases are resolved while promoting efficiency and indiscriminately.
In California, the time limit for filing a car accident claim is generally two years from the date of an accident. So, if you are injured in a car crash, you have exactly two years from the accident date to file a lawsuit against the at-fault party. If you do not file a lawsuit within two years, the court will likely dismiss the case, and you will lose the right to seek any compensation for your injuries.
The statute of limitation is somewhat different in cases where the car accident only results in property damage. Victims seeking to recover costs for property damage should file their claim within three years of the accident date. This extended period recognizes that property damage claims might be less urgent than personal injury claims but still require timely action to help preserve evidence and pursue appropriate damages.
There are certain exceptions and special circumstances that can alter these time limits. For example:
- If the injured party is a minor, the statute of limitations may be paused until they are 18 years of age.
- If the defendant is a government entity, you will need to file a claim within six months of the accident, as there are specific procedural requirements and shorter deadlines.
- If the injury or its cause was not immediately obvious, the statute of limitations may start from when the injury was discovered or should have been discovered with due care.
- If the defendant cannot be located, the statute may be tolled until they return.
- If the injured party has an absence of mental capacity, the statute of limitations may be delayed until they are deemed fit.
Once a case is dismissed because the statute of limitations has expired, it cannot be refiled. Taking prompt legal action can help you increase your chances of getting the maximum compensation you deserve.
Car Accident FAQs for San Diego Drivers
How long do I have to file a car accident claim in California?
Most injury claims must be filed within two years of the crash (Code of Civil Procedure section 335.1). Property damage claims generally have three years. If a city, county or other public agency is involved, a government claim usually must be filed within six months (Government Code section 911.2). See our guide to California accident deadlines.
Do I have to report the accident to the DMV?
Yes, if anyone was injured or killed, or property damage was over $1,000, each driver must report the crash to the DMV within 10 days on form SR-1 (Vehicle Code section 16000). This is separate from any police report.
What if I was partly at fault?
California follows pure comparative negligence. You can still recover, but your award is reduced by your share of fault. Read how comparative negligence works.
Who pays my medical bills after a crash?
Your health insurance and MedPay coverage often pay first, and the at-fault driver’s insurer reimburses through the settlement. Learn more in who pays medical bills after a car accident and what MedPay covers.
Should I accept the insurance company’s first offer?
Usually not before your injuries are fully known. In one case the insurer offered $6,500 and our client recovered the $500,000 policy limit. See our recent results and why first offers are low.
Schedule A Free Consultation Today
In California, you can obtain damages to cover your accident-related expenses by filing a personal injury lawsuit. Obtaining compensation for your medical expenses, lost wages, property damage, and pain and suffering can help ease your burden as you heal. To learn more about how we can help you, call us at 877-470-4878 or fill out our online contact form to schedule a free case evaluation.
Dr. Azadeh Keshavarz, Esq
Founder/Managing Attorney
Bilingual - English I Spanish
