San Diego Car Accident Lawyer

Were You Injured in an Accident in SD? Let Help You!

The The McClellan Law Firm represents people involved in car accidents. Our goal is simple: to win total and fair compensation for our clients. Insurance companies and other large corporations often take advantage of victims by offering unfair settlements. With the help of our experienced team, victims can recover the compensation they deserve.

Our San Diego car accident attorneys handle car accident claims related to:

• Inexperienced driving
• Defective auto parts
• Uber & Lyft accidents
• Driving under the influence
• Uninsured & underinsured motorists
• Defective highway design
• Distracted driving
• Hit-and-run accidents
• Road rage accidents
• Wrong-way driving accidents
• Head-on collisions
• Multiple vehicle accidents

The McClellan Law Firm has secured more than 140 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 won't settle for second best regarding your recovery. This dedication earned Craig McClellan a place on the San Diego Super Lawyers ® Top 50 list and designation as a “Best Attorney” by the Los Angeles Times.

California Car Accident Laws

In California, car accident laws are based primarily on fault and negligence principles. This means that the person who is legally at fault for causing an accident is also financially responsible for the resulting damages. Determining fault involves analyzing evidence like police reports, witness statements, photos, and insurance investigations.

The following are several ways you can recover compensation after a car accident in CA:

• File a Claim with the At-Fault Driver’s Insurance (Third-Party Claim): This is the most common route. If another driver was at fault, you can file a claim with their insurance company to seek compensation for medical bills, car repairs, lost wages, and pain and suffering.
• File a Claim with Your Own Insurance (First-Party Claim): If you have coverage like uninsured/underinsured motorist (UM/UIM), medical payments (MedPay), or collision coverage, you can file a claim with your own insurer, especially if the other driver is uninsured, underinsured, or if fault is disputed.
• File a Personal Injury Lawsuit: If the at-fault party's insurance won’t fully cover your damages or if negotiations fail, you can sue the other driver (or another liable party) directly in civil court. This may result in a higher compensation payout, especially if you’ve suffered serious injuries.

California follows a pure comparative negligence rule, which means that even if a person is partially at fault for the accident, they can still recover damages—though the amount is reduced by their percentage of fault. For example, if someone is found to be 30% at fault, they can still collect 70% of their damages.

Drivers in California are legally required to carry minimum liability insurance to cover bodily injury and property damage. The minimum coverage is $15,000 for injury or death to one person, $30,000 for injury or death to more than one person, and $5,000 for property damage. If a driver does not carry insurance, they may face fines, license suspension, and a reduced ability to recover damages, even if they weren't at fault.

California law also requires drivers to report car accidents to the Department of Motor Vehicles (DMV) within 10 days if there was injury, death, or property damage exceeding $1,000. Failure to report can lead to license suspension. Additionally, a police report must often be filed if the accident involves injury or death, and parties involved are expected to remain at the scene and exchange information.

Finally, victims of car accidents have a two-year statute of limitations to file a personal injury claim and three years for property damage claims. This means any lawsuit must be filed within those time frames, or the victim may lose their legal right to pursue compensation.

Fight for the Compensation You Deserve

Recovering after an accident is challenging in many ways. Among the physical challenges, there can also be significant financial issues. It all adds up with current medical costs, future rehabilitation costs, car repairs, and income loss from days out of the office.

How can you ensure your family has the money it needs during this recovery time? Through a lawsuit, you may be able to recover compensation for more than just your car damage. You may be entitled to financial compensation for 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 due to 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

Punitive Damages

In some cases, you may recover punitive damages 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. For example, it is common to recover punitive damages in a drunk driving accident case.

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, we have experience handling all types of cases.

Frequently Asked Questions

What Should I Do if the 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 to discuss 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 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 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 several 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.

Who Determines Fault in a California Car accident?

Fault is usually determined through a combination of evidence, police reports, insurance company investigations, and sometimes court decisions. As we mentioned earlier, California follows a comparative negligence system, meaning that more than one person can share responsibility for an accident. Insurance adjusters review photos, statements, witness accounts, traffic laws, and any available video footage to determine who was primarily at fault. If the case goes to court, a judge or jury will decide the percentage of fault for each party involved.

Is It Worth Getting an Attorney for a Car Accident?

Yes, it’s almost always worth getting an attorney for a car accident in California. California is a “fault” state, meaning the person responsible for the car accident has to pay for the resulting injuries and property damage. Hiring an attorney can help prove who is not at fault for an accident. You could receive compensation in a settlement or a lawsuit.

Although our car accident lawyers in San Diego have helped many individuals facing a similar struggle to yours, we understand that no two cases are alike and treat each case as such. Don't go through the consequences of a car accident alone. Let our lawyers guide and support you and help you receive the maximum compensation you deserve.

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.

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. The McClellan Law Firm is available to help with these specific cases.

If this has happened to you, our San Diego car accident lawyers can talk to you about the incident and work to identify at-fault parties to help you seek justice. Depending on the case, it may be the vehicle's driver or another party responsible.

If a vehicle part is 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.

When To Hire A Car Accident Lawyer

In the event of a serious car accident, it’s best to speak to an attorney as soon as possible Hiring a car accident attorney immediately after an accident is crucial for several reasons. First, it ensures the preservation of vital evidence such as accident scene photos, witness statements, and vehicle damage, which are essential for building a strong case.

An attorney's early involvement also guarantees that all necessary documents are filed promptly and accurately, preventing any potential issues with missed deadlines or paperwork errors that could jeopardize your claim. Additionally, every state has a statute of limitations for filing a lawsuit, and an attorney will ensure your case is filed within this time frame, protecting your right to seek compensation.

Insurance companies often use tactics to minimize payouts or deny claims, and having an attorney handle communications with them shields you from these strategies. An experienced attorney can accurately assess the value of your claim, including medical expenses, lost wages, pain and suffering, and future costs, ensuring you seek adequate compensation for your damages. They can also help you get the necessary medical care by referring you to reputable doctors and ensuring that your injuries are properly documented for your case.

Strong negotiation skills are another key benefit of hiring an attorney early. They increase the likelihood of a fair settlement and are prepared to take your case to court if negotiations fail. Navigating the legal process alone can be overwhelming and confusing, but an attorney provides expert guidance, keeping you informed and answering your questions at every stage.

This professional support allows you to focus on your recovery without the added stress of legal battles. Ultimately, having an experienced attorney from the outset increases the likelihood of maximizing your compensation, as they know the legal strategies and procedures to ensure you receive what you are entitled to.

How Can A Car Accident Lawyer in San Diego Help You?

Having a car accident attorney by your side is critical for ensuring you have all the support and guidance you need during this challenging time. Our car accident lawyers in San Diego have years of combined experience helping individuals facing struggles after a car accident. Your lawyers will be there to help you through each step of the process and will help to ensure that you receive the maximum compensation you rightfully deserve.

A car accident attorney will help you in the following ways:

• Provide you with legal advice: Your car accident attorney will provide you with crucial legal guidance that will help ensure that you are fully aware of all of the legal options available to you. He or she will also help ensure you avoid costly mistakes throughout the process.
• Support you: Having an experienced lawyer by your side can offer you the emotional support and reassurance you need.
• Handle paperwork: Car accidents involve a tremendous amount of paperwork. Your lawyer will handle all the hefty paperwork involved with your car accident claim for you and ensure that everything gets to where it's supposed to be promptly. Your attorney will also be responsible for communicating with your health care provider to collect any missing records required for your paperwork.
• Save time and money: Your attorney will guide you and ensure that you avoid making costly mistakes that could prolong the process. He or she will also make sure that all of the paperwork involved with your case is completed correctly
• Gather important evidence: Your car accident lawyer will know the ins and outs of the legal system and will be able to gather substantial evidence necessary for supporting your case.
• Provide fierce negotiation: Negotiating with insurance companies is incredibly challenging and requires skill and experience. Your car accident lawyer will be able to effectively negotiate on your behalf and help you receive the maximum compensation that you deserve.
• Represent you: If your case needs to be taken to court, your lawyers will represent you. Having an experienced lawyer represent you in the courtroom is essential for helping you receive a favorable settlement.
• Maximize compensation: Your lawyer is your best advocate and will fight for you tirelessly to ensure you receive the best compensation possible. Without an experienced attorney, you may be risking the compensation amount you rightfully deserve.

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. We are backed by winning results, and our many honors and recognitions demonstrate how effective we are as personal injury 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 by Best Lawyers®, and in 2019, he was again voted Best Lawyers® "Lawyer of the Year" for Product Liability in San Diego.

Suggested Reading:

• CAR ACCIDENTS AND PASSENGER INJURIES: WHO IS LIABLE?
• CAR ACCIDENT FAQ: CAN I SUE IF I WASN'T WEARING A SEAT BELT?
• 15 THINGS YOU SHOULD DO AFTER A CAR ACCIDENT