Car accidents are traumatic events that can leave you confused and overwhelmed about what to do next. When considering pursuing litigation or filing their insurance claim, many wonder, “Can you still get compensation if you were partly at fault for a car accident in San Diego?” The legal team at Mitchell Law Corporation is here to explain the rules and regulations around liability and receiving payments in California.
About Us
At Mitchell Law Corporation, we’ve spent years assisting the people of San Diego, Los Angeles, Riverside, and cities throughout Southern California with their car accident cases. Our team has decades of legal experience handling cases ranging from minor collisions to major accidents involving serious bodily injury. Managing attorney Brian Mitchell served as the past president of the San Diego chapter of the California Applicant Attorneys Association.
Overview of Car Accident Cases in California
Driving is an everyday necessity for most Californians. However, it comes with many risks. In 2023, there were 18,773 fatalities and injuries from car accidents in San Diego County, with speed-related collisions the leading cause at 4,133. That same year, San Diego city had 4,861 incidents, with alcohol involved in 740 crashes. You don’t have to be driving on the I-5, I-805, or El Cajon Boulevard for tragedy to strike.
Car accident cases in California typically fall under personal injury law. These claims center around proving that the other party caused the incident through reckless or negligent behavior. Cases are handled through the Superior Court of California, County of San Diego, with the main courthouse located at 1100 Union Street, San Diego, CA 92101.
What You Can Receive If You’re Partially Responsible for a San Diego Car Accident
In San Diego, you may still receive compensation in a car accident claim if you were partially at fault. California has pure comparative negligence laws, meaning that parties are not barred from pursuing litigation if partially responsible for an accident. These rules were established by Li v. Yellow Cab Co. (1975), which overturned previous contributory negligence rules.
The exact amount you are eligible for in a car accident case is based on your level of fault. The California Judicial Council Civil Jury Instructions (CAC) No. 405 guides juries to apply a percentage of negligence to both parties, which limits their eligible compensation. For instance, if you are seeking $100,000 in damages and are found to be 30% at fault, you may receive up to 70% or $70,000. You can file a claim even if you are found to be 99% at fault.
The exact type of compensation you may receive is based on how the event impacted your life. The three main categories of damages include:
- Economic: Economic damages are determined by considering the direct financial impact an accident and injury had on a victim. Examples include payment for lost wages, medical bills, property damages, and legal expenses.
- Non-Economic: Non-economic damages cover other issues that are more difficult to quantify, such as pain and suffering, loss of quality of life, and disfigurement.
- Punitive: Punitive payments are employed in instances of malicious action or in cases involving alcohol. These are rare but can be utilized even if you have some responsibility for an accident.
Hire a Car Accident Lawyer in San Diego
In the aftermath of a San Diego car accident, you can face a variety of personal, financial, and medical problems that make it difficult to pursue legal action on your own. When you hire a car accident lawyer to help, they can handle the complex legal aspects of your claim and negotiate settlements that secure the compensation you need to heal.
A San Diego car accident attorney from Mitchell Law Corporation can provide you with effective legal advice and compassionate support during each step of your case. They can help you file before the two-year deadline, gather evidence that demonstrates negligence, represent you in all court hearings, and ensure you receive what you’re owed.
FAQs
How Much Does a Car Accident Attorney Cost in California?
How much your California car accident attorney costs is based on the complexity of your case, the severity, and the work hours it requires. A simple claim with minimal damages and early settlement typically costs less than representation for a full trial involving serious disabilities. Another contributing factor is the pricing model your lawyer’s firm uses, such as flat fees, retainer expenses, hourly rates, or percentages of potential settlement.
How Long Does a Car Accident Case Take to Resolve in California?
How long your California car accident case takes to resolve depends on the complications involved in your case, whether it proceeds to trial, and the court’s workload. A simple, straightforward case with a speedy settlement can take a few weeks, whereas a high-value claim that requires litigation and appeal can take years to finalize. Your attorney can provide a rough timeline for your case.
What Is the Average Settlement Amount for a Car Accident Claim in California?
In California, there is no overall average settlement amount for car accident claims. The exact amount you may be eligible for is dependent on the severity of injuries and property damage, and the level of negligence. Cases with minor cuts and bruises with equivalent responsibilities tend to be worth much less than incidents involving serious bodily harm where one party is found to be solely negligent.
What Should You Avoid Saying When Speaking to Insurers After a California Car Accident?
In California, the main topic you should avoid discussing when speaking to an insurance provider after a car accident is responsibility. Most insurance claims are no-fault and do not require a negligent driver. Admitting any fault can lower the amount you receive or cause your case to be denied outright. You should also avoid speculating about the event. Only share concrete facts and avoid making a recorded, official statement.
Contact Mitchell Law Corporation Today
Mitchell Law Corporation realizes the challenges you can face when filing a car accident claim in San Diego. Our skilled team of experienced attorneys can make a positive difference in your case.
Contact us today to book your initial consultation, during which we can learn your story, review your case, and explore potential legal strategies to move forward. You may also visit our San Diego office, located near the I-8 and Cabrillo Freeway junction, south of the San Diego River and north of the San Diego Zoo.
