San Diego Car Accident Lawyers Helping Injury Victims

California roads are some of the busiest roads in the country, and motor vehicle accidents occur every day. If you have been injured in a car accident that was caused by someone else’s carelessness or recklessness, you deserve to be compensated for your injury.

The San Diego car accident lawyers at Martinez & Schill LLP can help you get the compensation that you need to heal from your injuries and resume your normal life. Contact us through our website or call us at 619-512-5995.

Frequently Asked Questions About San Diego Car Accidents

Maximum Compensation After San Diego Car Crashes

Motor vehicle accidents range from minor fender benders to fatal collisions. If you are seriously injured or a loved one has died, it is important to hire an experienced and capable lawyer to represent you. Serious injuries can result in expensive medical bills and rehabilitation costs. Additionally, you may have temporary or permanent disability impacting your ability to work or earn wages at the same level as you did prior to your accident. For these and other damages, such as pain and suffering, emotional distress, anxiety and depression, you are entitled to compensation.

It is important to understand that insurance companies are not looking out for your best interests when they offer a settlement. Their goal is to pay you as little as possible. Our goal is the opposite. We strive to ensure that you receive maximum compensation for your injuries and property damage, and we have the skills to make that happen.

Our experienced car accident attorneys serve clients in Oceanside, Escondido, Chula Vista and all of San Diego County. We carefully investigate all our cases and are always prepared to take a case to trial if necessary. Our attorneys have negotiated hundreds of fair settlements at mediation and take pride in aggressively advocating for our client’s rights and interests. We handle all types of motor vehicle accidents, including those involving:

• Aircraft
• ATVs
• Bicycles
• Boats and personal watercraft
• Commercial vehicles
• Motorcycles
• Pedestrians
• Public transportation
• Safety equipment
• School buses
• Taxicabs
• Trucks
• Trains

If you or a loved one has been injured in a motor vehicle accident, contact us to schedule a free consultation to discuss your case. One of our attorneys will personally listen to your account of the accident and answer all your questions about the legal process going forward. We fully commit to our clients and each case we accept, and there is no cost to you unless we win your case.

We represent clients in San Diego, Riverside and the surrounding areas. If you cannot travel due to your injuries, we will come to you.

San Diego Car Accident Lawyers With Extensive Experience

The number of auto accidents on California roads is staggering, and often, those accidents are caused by driver negligence. If you are injured or a loved one is killed in a car accident because of someone else’s negligence, you are entitled to financial compensation. At Martinez & Schill LLP, our San Diego personal injury lawyers have extensive experience in representing car accident victims.

Our attorneys have previously worked on the insurance defense side, gaining valuable insight into how insurance companies process, settle and litigate accident claims. Our car accident injury lawyers use the experience and knowledge that they gained while working in defense to benefit our clients and secure the greatest possible compensation in every case.

What Can Our San Diego Car Accident Attorneys Do For You?

At Martinez & Schill LLP we believe it is crucial to conduct a prompt and thorough investigation of a car accident to ensure that no evidence is lost or destroyed.

We evaluate evidence and consult with qualified experts who can help us to determine answers to important questions such as:

• Who caused the accident?
• Who should be held liable?
• How much can we recover for you?

Our goal is to compile enough evidence, including photographs, police reports, witness statements, hospital records and more, to establish a claim and make the best case possible for each client to obtain full and fair compensation. We negotiate with insurance companies and use a skilled approach to representing our clients in the courtroom. Call 619-512-5995 or contact us through our website.

We Explore All Legal Options For Recovery After A San Diego Crash

As we pursue compensation for our clients, our attorneys evaluate all possible options for recovery, including:

• The at-fault driver’s liability insurance coverage: California law requires drivers to carry liability insurance that pays for bodily injury and property damage that they cause others. Thus, our first avenue to pursue recovery on behalf of an injured client is to determine the other at-fault driver’s insurance coverage and evaluate whether it will be sufficient to compensate our client for their injuries.
• Uninsured motorist coverage: Uninsured motorist coverage (UM) covers bodily injury to you, your passengers and members of your household or others authorized to drive your car if the other driver does not have liability coverage to protect you.
• Underinsured motorist coverage: If your underinsured motorist coverage (UIM) protects you above the insurance limits of the at-fault driver, you may be entitled to compensation from your own UIM policy. UIM coverage can pay for bodily injury damages. It covers the difference between your UIM limits and the at-fault driver’s coverage. Our car accident lawyers can review your insurance policy to determine whether other types of coverage are available in your case, including medical payments, collision and comprehensive coverage.
• Other sources of recovery: In some cases, there may be other sources for recovery, such as where a dangerous road condition or a defective auto part caused the accident. In these instances, our attorneys will evaluate the liability of those who were not a party to the accident but may have been involved in causing the accident to determine if further recovery can be made for our injured clients.

Motor Vehicle Collisions And Insurance Companies In California

When you have a car accident that is not your fault, the other driver’s insurance company is responsible for compensating you. If the negligent driver was uninsured or underinsured, your own auto insurance provider can also be responsible for your compensation. Typically, insurance companies attempt to reach settlements with accident victims as soon as possible for as little as possible. Regardless of the circumstances of your case, it is always important to consult with an experienced attorney to ensure that you are being treated fairly.

A rush to settlement by the insurance company is rarely in the victim’s best interests. We will always be in a better negotiating position if we have the time to investigate an accident and build a compelling case for trial. The more compelling your case is, the higher your settlement will ultimately be.

Moreover, injuries caused by an auto accident may not be fully apparent for some time, and those injuries could require lengthy and expensive medical intervention. If you settle before all your injuries have come to light, you will not be able to seek compensation for those injuries.

How Long After A Car Accident Do You Have To File A Lawsuit In California?

Although there are time restrictions that set forth the outer limits for bringing a lawsuit after a car accident, there are no restrictions that state that you have to wait a certain amount of time before you begin your claim. You can bring a lawsuit after a car accident as soon as you would like. In fact, there are some advantages to pursuing your claim early, such as more easily locating witnesses, whose memories are still fresh. As such, it is important to locate a lawyer as soon as possible after being injured in a car accident.

Statute Of Limitations For An Adult After A Car Accident

Generally speaking, adults who have been injured in car accidents have two years from the date of the accident to bring a lawsuit. If you wait longer than two years after the date of the anniversary of the car accident, you will not be permitted to bring a lawsuit. There are some exceptions to this rule, but they are rarely met. Thus, it is imperative that you file your lawsuit no later than two years from the date of the car accident. If you are even a few days late, you may forever lose your right to bring a claim for compensation for your injuries.

Statute Of Limitations For A Child After A Car Accident

The statute of limitations for a child injured in a car accident is a bit different. The statute of limitations is still two years, but it does not begin to run from the date of the accident. Rather, the statute of limitations begins to run from the 18th birthday of the child. Thus, children injured in car accidents have two years from their 18th birthdays to bring claims for damages after car accidents, or they have until their 20th birthdays to file claims. There are some exceptions to this rule, so if your child has been injured in a car accident, it is important to speak to an experienced lawyer right away.

Why Hire A Car Accident Attorney From Martinez & Schill LLP?

Car accidents can happen to anyone, even the most careful of drivers. You may not be able to control other negligent drivers on the road, but you can control what happens after a car crash.

After an accident, the first step in recovery for personal injuries to contact an experienced car accident attorney who will protect your rights and seek the compensation you deserve.

The lawyers at Martinez & Schill LLP have experience helping car accident victims and their families in San Diego and throughout Southern California. Our clients know that they can trust us with their cases so that they can focus on getting better. Our lawyers take pride in the professional, personal and friendly service that we provide to each client who walks through our door. We always take the time to talk with our clients about their accidents and how the injuries they sustained have affected their lives, and we work quickly and aggressively to resolve their cases.

The Most Common Causes Of Car Accidents In California

Car accidents in California can happen for nearly any reason, but some of the most common causes include:

• Speeding and reckless driving
• Distracted driving, such as texting or talking on the phone
• Driving under the influence of drugs or alcohol
• Failure to obey traffic signals
• Mechanical issues caused by inadequate vehicle maintenance
• Mechanical issues due to the negligence of auto manufacturers

Because accidents happen so quickly, you may not immediately know what caused the crash. It’s important to work with an experienced San Diego car accident attorney who can conduct a thorough and independent investigation to determine crash causes and build a case against the at-fault driver.

Damages That Can Be Sought After Car Accidents

“Damages” is a legal term that means compensation owed for harms or losses suffered. After a car accident, available damages can include:

• Medical expenses for any injuries you sustained
• Lost wages if you are unable to work
• Property damage for your vehicle and any other personal belongings that were damaged in the accident
• Compensation for pain and suffering
• Scarring and disfigurement
• Funeral and burial expenses for a loved one (if pursuing a wrongful death claim)

It is important to document all expenses and impacts on your life to support your case.

Potential Liable Parties In Car Accident Cases

In a car accident case, there can be multiple parties who may be held liable. These can include the other driver involved in the accident, the owner of the vehicle (if different from the driver) and potentially even a third party, such as a manufacturer if a vehicle defect contributed to the accident.

Additionally, if road conditions or poor signage played a role, a government entity responsible for road maintenance may also be liable. Identifying the responsible parties is crucial for seeking proper compensation.

How Long Does It Take To Resolve A Car Accident Case?

The time it takes to resolve a car accident case in California can vary widely. Some claims might be settled within a few months, especially in cases involving clear liability and straightforward damages. However, more complex cases, especially those involving serious injuries or multiple liable parties, can take a year or more to resolve. It often depends on the specifics of your case, the willingness of the parties to negotiate and the court’s schedule if the case goes to trial.

Our car accident attorneys work to resolve claims efficiently through out-of-court negotiations, as this tends to work best for all involved. However, they are not afraid to take your case to trial if a fair settlement cannot be reached.

How To Contact Us

If you have been injured in a car accident, you are entitled to full and fair compensation. Contact us through our website or give us a call at 619-512-5995 to schedule a free consultation.

Suggested Reading

• How Fault Can Be Determined Through the Use of a Police Report in a Car Accident
• Filing a Claim for Whiplash Injuries After a Car Accident in California
• Car Accidents and Passenger Injuries – Proving Negligence
• Who is Responsible in a Multi-Car Accident?
• California Parents’ Liability for Teen Crashes 
• Why the Law Alone Doesn’t Prevent Distracted-Driving Car Accidents

Resources

If you want resources related to San Diego car accidents, here are websites that provide information:

1. San Diego Police Department (SDPD)
   • SPD Traffic Division
   • Provides information on traffic services, accident reporting, and safety tips.
2. California Highway Patrol (CHP)
   • CHP San Diego Area
   • Offers accident reporting, traffic incident information, and safety resources.
3. San Diego County Sheriff’s Department
   • Sheriff’s Traffic Services
   • Includes information on accident reporting and traffic safety programs.
4. San Diego Superior Court
   • Traffic Court Information
   • Gives details on navigating traffic citations and accident-related legal matters.
5. California Department of Motor Vehicles (DMV)
   • DMV Accident Reporting
   • Offers guidance on how to report accidents and what to do after a car crash.