Articles Posted in Auto Accidents

Distracted driving crashes occur much too frequently in Encinitas and throughout Southern California. Whether a distracted driving collision happens at high speed on the I-5 or on a local road, the consequences can be devastating. In 2020 alone, the National Highway Traffic Safety Administration (NHTSA) reported that 3,142 people were killed in distracted driving accidents, and thousands more were injured. Drivers of any age can get distracted behind the wheel, and various types of distractions can cause wrecks. Distracted driving often involves the unlawful use of phones for talking or texting, but it can also involve any kind of distraction that takes the driver’s eyes off the road, hands away from the wheel, or mind away from the important task of focusing on the road. 

If you were injured in a distracted driving accident in Encinitas, what steps should you take? Our Encinitas car accident attorneys have tips that can help you with your case.

Call 911 to Report the Accident

Motor vehicle accidents in Oceanside can be devastating under any circumstances, whether they result from another driver’s negligence or because of a hazardous condition on the roadway. When another party is responsible for a traffic collision that causes injuries, it is critical to work with a lawyer to find out about seeking compensation and to gather evidence to prove fault in the crash. Depending upon the cause of the collision, fault is easier to prove in some cases than in others. For example, in a car accident caused by a drunk driver, the police might have administered a breathalyzer test and arrested the drunk driver, and any accompanying police reports and records can make up the majority of a civil lawsuit against the drunk driver. 

However, fault can be more difficult to prove in other kinds of traffic collision cases. In particular, drowsy driving might seem as though it would be difficult to prove. What do you need to know about proving fault in a drowsy driving case?

Understanding Drowsy Driving in Southern California

When drug-impaired drivers cause injuries in traffic collisions in San Marcos, it is essential to hold those drivers accountable and seek compensation. What do you need to know about drugged driving crashes in Southern California? The following are five important things to consider.

  1. Drug-Impaired Driving is Unlawful and a Motorist Can be Liable for Injuries

It is important to know that impaired driving does not just include alcohol-impaired driving. Drug-impaired driving is dangerous and unlawful in California, even if using the drug is otherwise legal if you are not behind the wheel of an automobile. 

If you are regularly on the road in Oceanside or elsewhere in San Diego County, it is critical to be aware of the risks of distracted driving. Not only should you be taking precautions yourself to avoid getting distracted behind the wheel of your own car, but you should also be aware of the significant likelihood that another motorist on the road is engaged in distracted driving at any given moment. The National Highway Traffic Safety Administration (NHTSA) emphasizes that distracted driving collisions have increased significantly as more car and truck drivers have begun using smartphones, and more crashes have resulted from talking or texting while driving. 

A new study published in The Journal of Bone & Joint Surgery suggests that the distracted driving problem may be even bigger than previously suspected. Indeed, the authors of the study reported that more than 99 percent of motorists who have been involved in collisions admit to driving while distracted at least once in the last 12 months. 

Details of the Recent Distracted Driving Study

Car accidents happen much too often in and around San Clemente, and these accidents can have many different causes. Often, motor vehicle collisions result from another driver’s negligence, and it may be possible to file a lawsuit against that negligent driver. At the same time, car accidents can have other causes, so it is important to work with a Southern California car accident attorney to determine liability. In some cases, you may be able to file a claim against multiple parties. Consider some of the following ways in which different parties can be responsible for injuries in traffic collisions.

Driver Whose Negligence Caused the Accident

Whenever a driver gets behind the wheel of a car or truck, that driver owes a duty of care to other motorists on the road. That driver must behave reasonably behind the wheel, and that driver can be liable for any accidents and injuries resulting from careless acts or omissions. Some of the most common sources of driver negligence include distracted driving, drunk or intoxicated driving, aggressive driving behaviors, failing to obey traffic rules, and fatigued driving.

After an Oceanside car accident in which another motorist is at fault, you should be thinking about your options for filing a claim for financial compensation. For most injury victims in motor vehicle collisions, the first step in seeking compensation is filing an auto insurance claim. Auto insurance claims can be filed as first-party claims through an injured person’s own auto insurance policy, or as third-party claims through the at-fault motorist’s auto insurance policy. When an auto insurance claim does not result in sufficient compensation, an injured person will often move on to file a car accident lawsuit. However, in some cases, the defendant will attempt to reduce his or her liability by raising the issue of comparative fault. 

What is comparative fault, and how can it impact your payout in an Oceanside car accident claim?

Understanding Damages in a Car Accident and the Effect of Comparative Fault

Although inclement weather is not a problem during the holiday season in Escondido the way it is in other parts of the country, many Southern California residents travel north for the holidays where inclement weather can make driving conditions significantly more hazardous. Yet even if you remain in San Diego County this holiday season, it is important to know that many more vehicles are likely to be on the road, increasing the risk of a motor vehicle collision. What can you do to avoid a serious car crash during the holidays? Our experienced Escondido car accident lawyers can help. 

Do Not Engage in Distracted Driving Behaviors

Distracted driving is a leading cause of motor vehicle collisions and deaths in California and across the country. During the holiday season, more vehicles are traveling on California freeways, and roads are congested. With more drivers on the road, the risk of a motor vehicle collision increases, especially if you are not paying attention to your surroundings. Avoid all distractions, from talking or texting on a smartphone to eating in the car or inputting a new address into your GPS. Avoiding distractions can reduce the likelihood that you will be involved in a collision.

Motor vehicle collisions in San Marcos and throughout Southern California can be devastating, whether they occur on a freeway or on a neighborhood street. In the immediate aftermath of a crash, it can be difficult to think about anything other than getting the medical treatment you need and healing enough to return to work. Yet once you have begun to recover from your injuries, or once you realize that your bills are piling up because of your inability to get back to your job, you should begin thinking about filing a car accident claim. Who can you sue for injuries you sustained in a traffic collision? 

The answer to that question will vary depending upon the particular circumstances of your case. Our San Marcos auto accident lawyers want to provide you with more information about parties that may be liable.

Negligent Motorist

double-fatal-i-15-fiery-crash-300x169The City of San Diego will pay nearly $10 million to two families who lost loved ones in a 2018 car accident in I-15. In the accident, Jesus David Dominguez and Isaac Felix will split $9.7 million from the city and the limits of an additional $300,000 insurance policy maintained by the driver who initially caused the accident.

That car crash that killed Mr. Dominguez and Mr. Felix occurred when a drunk driver named Jeffery Levi rear-ended the Toyota Corolla carrying the two men near Miramar Road on I-15 on January 2, 2018. That left the Corolla disabled and without lights when an off-duty police officer driving a Ford Interceptor issued by the city crashed into the Corolla at full speed, caused the gas tank to explode.

A lawsuit was filed three years ago by attorney Warren Ellis, but was delayed because the criminal prosecution of Levi, who was sentenced to 34 years behind bars.

ca-078_eb_exit_001_03-300x226Walton Law Firm is based in North County, and no personal injury firm knows North County better.

Car accidents in Vista, California can range from mild fender benders to more serious crashes. Because the 78 runs through Vista, auto accidents in the Vista area can be very serious, and, as you know, sometimes fatal. This highway is one of the most notoriously dangerous highways throughout the state of California, contributing to a high percentage of the fatal accidents in the San Diego area.

After a car accident, many people will decide to have the case handled solely by the insurance companies of those involved in the accident. An alternative option, assuming that the accident caused significant damage or those involved believe the insurance companies aren’t providing enough support, is to seek out the assistance of a Vista auto accident attorney. Attorneys will work to negotiate with insurance companies and help those involved in an accident receive the highest settlement possible.

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