San Diego Car Accident Attorney
Were You Injured in an Auto Accident? We Can Help!
The McClellan Law Firm represents people involved in car accidents. Our goal is simple: to win full and fair compensation for our clients. Far too often, insurance companies and other large corporations take advantage of victims by offering settlements that are not enough to cover the total cost of their expenses.
The McClellan Law Firm has secured more than 130 settlements and verdicts exceeding $1 million each – this is more than any other personal injury law firm in San Diego.
We know what it takes to win, and we won't settle for second best when it comes to your recovery. In fact, this unwavering dedication to our clients has earned Attorney Craig McClellan, a 10.0 / 10.0 rating from Avvo, a place on the San Diego Super Lawyers ® Top 50 list, and designation as a “Best Attorney” by the Los Angeles Times.
Don’t Settle with the Insurance Company Too Early
It is vital that you speak to a lawyer before discussing your case with the other party’s insurance company. Their only goal is to settle your claim as quickly as possible, and for as little money as they can manage.
Without a personal injury lawyer by your side, it can be hard to tell just how much money you are entitled to. For this reason, we ask you to get in touch with The McClellan Law Firm as soon as you have been injured.
We can negotiate with the insurance company on your behalf to ensure you get the money you deserve. If the insurance company is unwilling to offer a reasonable settlement, we will not hesitate to take your case all the way to trial.
Having recovered tens of millions of dollars for our clients, our attorneys know how to navigate a difficult case. Don’t settle for less than what you deserve; come to The McClellan Law Firm first!
Our firm handles car accident claims related to:
Property Owners Affected by Car Accidents
Car accidents do not only affect motorists and their passengers. Property owners, including homeowners and business owners, may be at risk of suffering serious injuries or damage to their homes or offices if vehicles veer off the road into their properties.
Local residents and business owners who are struck by motorists or whose property is damaged in car accidents may be able to seek financial compensation for their injuries and losses. Like we handle other car accident insurance claims and lawsuits, The McClellan Law Firm can handle these specific cases.
Whether you were a customer in a restaurant or other business that was struck by a vehicle, were injured while in your home when a vehicle veered off the road, or are a business owner whose property has been damaged by a motor vehicle, we may be able to help. Our San Diego car accident lawyers can talk to you about the incident and can work to identify at-fault parties to help you seek justice. Depending on the case, it may be the driver of the vehicle or another party who is responsible.
If a vehicle part was defective, an auto manufacturer may be liable. If a defective roadway or traffic sign was to blame, the county or city government responsible for the roadway may be held accountable. We thoroughly investigate every case we take on to properly identify cause and establish fault.
Hit & Run Accidents Put Victims at Risk
It is important to remember that throughout San Diego and the state of California, it is against the law to flee the scene of an accident. In addition to being a criminal offense, hit and run accidents place injured victims at risk because they may not receive the medical attention they require in a timely manner. Although these two reasons should be enough to encourage drivers to stop at the scene of a collision, many still do not.
Many cases of hit and run involve drivers who were impaired. These drivers may make the decision to flee the scene rather than get arrested. Ultimately, it may be difficult to determine why a driver does not stop at the scene of an accident. For many who do not, they often describe the choice to flee as an unconscious, heat-of-the-moment decision.
By educating motorists about these dangers and about the serious penalties they face, however, many safety advocates believe we can reduce the number of hit and runs on our roads. Many also suggest making hit-and-run penalties as severe, if not more, than penalties for driving under the influence.
Road Rage & Car Accidents
Merriam-Webster defines road rage as, "a motorist's uncontrolled anger that is usually provoked by another motorist's irritating act and is expressed in aggressive or violent behavior." Road rage is dangerous because it increases the chances of a collision and may even provoke an intentional crash that could cause serious or life-threatening injuries.
Road rage may even be considered a criminal offense if a driver intentionally causes a collision, and a driver could face felony charges for assault with a deadly weapon, battery causing great bodily injury, attempted murder or vehicular manslaughter, depending.
If you have been injured in an accident that was caused by an upset or aggressive driver, now is the time to talk to The McClellan Law Firm. Any car accident may be a harrowing experience, especially when another driver acts aggressively or violently.
You have the opportunity to seek justice in civil court by working with a skilled car accident attorney at our firm, who can pursue a personal injury action against the responsible driver.
Fight for the Compensation You Deserve
Recovering after a car accident is challenging in many ways. Among the physical challenges, there can also be significant financial issues. Current medical costs, future rehabilitation costs, car repairs and income loss from days out of the office—it all adds up.
If you or someone you love was recently injured in a car accident, contact our firm to learn the legal recourse available to you.
How can you ensure your family has the money it needs during this time of recovery? Through a lawsuit, you may be able to recover compensation for more than just your car damage.
You may be entitled to financial compensation in the form of the following:
Economic Damages / Special Damages
Economic damages are tangible losses that can be calculated. They include:
- Medical bills: Including past, current, and future medical expenses
- Lost wages: You may be able to recover compensation for the income you lost during your recovery and/or will lose as a result of being unable to return to the same job.
Non-Economic Damages / General Damages
Non-economic damages are damages that cannot be calculated, but compensate the victim for very real losses, including:
- Pain and suffering
- Reduction in quality of life / loss of enjoyment of life
- Loss of sexual relations / loss of consortium
In some cases, you may be able to recover punitive damages, which exist to punish a driver for his or her negligence. Unlike other forms of compensation, punitive damages exist to punish the defendant rather than compensate for the victim's loss. It is common to recover punitive damages in a drunk driving accident case, for example.
Working with a law firm that understands the best ways to navigate a car accident lawsuit will put you in the best position to secure the maximum compensation possible. At The McClellan Law Firm, our attorneys have experience handling all types of cases.
Frequently Asked Questions
What should I do if the other driver’s insurance company calls me?
You should never speak directly with an agent from the other driver’s insurance company. If they call you, politely decline from discussing the claim and direct them to speak with your insurance company or attorney. The other party’s insurance company can use anything you say over the phone against you later to reduce the amount of damages you are owed.
What if the other driver is uninsured?
It is unfortunately very common in California to run across drivers that don’t have insurance on themselves or their vehicles. If the driver who hit you is uninsured, there are still other avenues our firm can investigate in order to recover the compensation you deserve. Speak with our firm today to see how we can help you!
How do I find out the value of my claim?
The value of a car accident claim is determined by a number of different factors, such as your policy limit and that of the other driver, the severity of your injuries, and damage to your vehicle. An experienced attorney from our firm can review your case during a free consultation and pursue the maximum compensation you are eligible to recover.
How long do I have to file a car accident claim in San Diego?
The California statute of limitations for personal injury lawsuits is two years from the date the injury occurred. If the statute of limitations expires it may not be possible for you to file a lawsuit at all. Not every car accident claim necessitates the filing of a civil lawsuit, but since the time frame is only two years it’s critical that you speak with an attorney as soon as possible to prevent you from missing on the compensation you deserve.
Can I still recover compensation if I share fault for the accident?
Not every accident is straightforward. Sometimes the other driver’s insurance company will claim that you were partially at fault for the accident in order to avoid paying a larger settlement. Our experienced car accident lawyers in San Diego can fully investigate your accident to discover who was really at fault.
Even if you do share some blame for the circumstances that caused the accident, California comparative negligence laws still allow you to recover the damages you are owed. In a personal injury lawsuit, the court will determine what percentage of the fault you are liable for, and then deduct that amount from the total compensation.
Our San Diego car accident attorneys are experienced in dealing with insurance companies, so you can know that the at-fault party's insurance company, and even your own insurance company, will not take advantage of you.
We have helped numerous car accident victims in the past, including:
Acosta v. Industrial Asphalt – $7,830,000.00 Settlement
Our client suffered serious injuries when he was run over by an asphalt truck.
Garrison v. Porsche – $2,500,000.00 Verdict
Our client’s husband was killed in a car accident as the passenger in a Turbo 930.
Cooley v. The State of Louisiana – $2,500,000.00 Settlement
Our client’s vehicle rolled down into a field due to a poorly constructed road.
Sahin v. Saielli – $2,350,000.00 Settlement
Our client was seriously injured when another car turned out in front of her.
Henline v. State of California – $2,250,000.00 Settlement
Our client was paralyzed during an accident in which she was cut off by a truck.
Entrust Your Case to The McClellan Law Firm
Searching for a hard-hitting car accident lawyer in San Diego? Look no further than The McClellan Law Firm. Not only are we backed by winning results, but our many honors and recognitions demonstrate just how effective we are as litigators.
In 2014, we were named the “Best Law Firm” by U.S. News – Best Lawyers®. In 2014, Attorney McClellan was voted Lawyer of the Year for Personal Injury & Product Liability by Best Lawyers®, in 2019 he was again voted Best Lawyers® "Lawyer of the Year" for Product Liability in San Diego.
Learn how we can put our experience to work for you in a free consultation!