Carlsbad Car Accident Lawyer
Have you been hurt in a car accident? Are you still dealing with the physical pain of your car accident injury? Are you wondering whether there is anything you can do to hold the negligent party who caused the accident accountable? You need an intelligent, respected advocate who can help effectively guide you through the process. You need a Carlsbad car accident attorney—not a salesman.
We are The Levinson Law Group, a dedicated car accident law firm in Carlsbad and San Diego California with extensive experience working with clients who have been seriously injured in motor vehicle collisions. Unlike many other law firms in Carlsbad, we only handle car accident claims, which gives us an unparalleled knowledge of what goes into these cases. To learn more about your options, give The Levinson Law Group a call. We accept cases on a contingent fee. That means that if there is no recovery in your case, you pay no fee. And in most cases, we even advance the costs.
What Causes Auto accidents in carlsbad california?
According to the most recently available data, in 2017:
• 3,904 people were killed in 3,582 fatal car accidents; and
• 227,160 people were injured in 193,564 non-fatal California car accidents.
The 2017 data represents a slight increase in fatal accidents, and a moderate decrease in non-fatal accidents. According to the 2016 SWITRS data, in 2016:
• 3,854 people were killed in 3,552 fatal California car accidents; and
• 280,020 people were injured in 195,347 non-fatal California car accidents.
Generally, the accident suggests that fatal car accidents in Carlsbad and throughout California are increasing, with 2017 representing a 10-year high in the number of fatal car accidents.
The most fatal car accidents occur in the month of November. In November 2017, there were 325 fatal car accidents.
According to the California Highway Patrol, distracted driving is among the leading causes of car accidents in the state. The most common types of distracted driving behavior include:
• Changing the radio;
• Attending to children;
• Eating and drinking; and
Drunk and drugged driving also account for a significant percentage of both fatal and non-fatal car accidents In Carlsbad and Throughout California.
Below is the five-year trend of all California intoxicated driving accidents:
• 1,075 fatal crashes
• 16,060 injury crashes
• 1,053 fatal crashes
• 16,821 injury crashes
• 1,023 fatal crashes
• 17,604 injury crashes
• 1,118 fatal crashes
• 18,987 injury crashes
• 1,167 fatal crashes
• 18,569 injury crashes
In San Diego County, specifically, drunk and drugged driving is a particularly serious problem. In 2017, there were 75 fatal intoxicated driving accidents in San Diego County, and another 1,653 intoxicated driving accidents causing injury to one or more people.
Inattentive or Distracted Driving
Due in large part to the increasing prevalence of cellular phones over the past two decades, the number of Carlsbad distracted driving accidents has dramatically increased. However, distracted driving encompasses much more than talking or texting while driving. Any behavior that removes a motorist’s attention from the road is, by its very nature, distracting. Some of the most common distractions include:
• Talking to passengers;
• Attending to children;
• Eating or drinking;
• Changing the radio station; and
While distracted driving is known to be a major cause of car accidents, many believe that the instances of distracted driving are underreported due to the fact that proving a driver was distracted can be challenging. Absent cell phone records, an admission from the driver, or eyewitness testimony, it may be difficult to determine whether a driver was distracted in the moments leading up to a crash.
When motorists engage in aggressive driving behaviors, they put everyone on the road at risk. While speeding is the most common form of aggressive driving, there are several other dangerous driving habits that also fall into this category, including:
• Frequently changing lanes;
• Reckless driving;
• Making a turn without signaling;
• Cutting other drivers off;
• Sudden braking; and
• Swerving in and out of traffic.
Aggressive drivers may be issued a ticket in relation to an accident. However, that is not always the case. Regardless, anyone injured in a Carlsbad car accident involving an aggressive driver may still be able to bring a claim against the other motorist.
Accidents Caused by Intoxicated Driving
Drunk and drugged driving continues to be a leading cause of Carlsbad car accidents, despite the government’s focus on curbing drunk driving. While state law defines per se intoxication as a blood-alcohol limit of .08 or more, even a single drink can affect a driver’s reasoning, judgment, and reaction time. Adding to the number of intoxicated driver accidents is the fact that recreational marijuana use is now legal in California.
ACCIDENTS CAUSED BY Fatigued Driving
Recent studies have shown that fatigued driving and drunk driving have similar effects on a motorist’s ability to safely operate their vehicle. Most notably, drowsy drivers exhibit poor judgment and increased reaction time, which can significantly increase the risk of an accident.
All drivers have an obligation to be safe when they get behind the wheel. However, not all drivers take this duty seriously. Those injured in an accident can hold negligent and reckless motorists accountable through a Carlsbad car accident lawsuit.
Should I Hire a Car Accident Lawyer to bring a Claim Against an At-Fault Driver?
If you’ve been in a serious car accident in or around Carlsbad, it is important that you understand your rights, and what your potential remedies are before making any decisions. The first step in making this decision is to reach out to a reputable Carlsbad car accident attorney at the Levinson Law Group. Your attorney will go over your rights as they pertain to bringing a claim, what you will need to prove to be successful, and the type of compensation you may be able to recover.
Proving a Carlsbad Car Accident Claim
Under California law, anyone injured in a car accident has the right to bring a lawsuit against the party or parties they believe caused the accident. To succeed, an accident victim must be able to prove 1.) the other driver was negligent, 2.) the accident victim was injured, and 3.) the other driver’s negligence was the cause of the accident victim’s injuries. While this sounds like a straightforward determination, and in some cases, it is. However, that is not always the case.
Proving that another driver is legally negligent requires an accident victim to show that the other driver owed them a duty of care and that they violated, or breached, that duty. Typically, all motorists owe others on the road a duty of care—whether they are drivers, passengers, bicyclists, or pedestrians. This element is rarely contested. However, proving that another driver breached a duty they owed to the accident victim is often where most litigation occurs.
By reaching out to an attorney, you can determine the likelihood of success, which will inform your decision about whether bringing a claim is something you are interested in doing.
Damages in a California Car Accident Lawsuit
Before you decide whether to bring a claim against another driver, it is important to know what you could recover by bringing the case. This gives you an idea of what you may be leaving on the table if you choose not to pursue a claim.
Generally, California law allows two broad types of damages in car accident claims. The first, compensatory damages, compensate motorists for the injuries they suffered in the crash. Compensatory damages consist of economic and non-economic damages. Economic damages refer to the out-of-pocket costs a motorist confronts as a result of the accident. Examples of compensatory damages include:
• Past medical expenses, including medical bills and emergency room expenses;
• The cost of any necessary future medical care;
• Lost wages;
• Decrease in future earning capacity;
• Property damage; and
• Any other out-of-pocket expenses, such as transportation to and from doctor’s appointments.
Non-economic damages compensate motorists for the emotional and psychological injuries they suffered in the accident. Unlike economic damages, non-economic damages cannot be established by presenting bills or data-driven forecasts. Instead, non-economic damages depend on the effect that the accident had on a motorist’s life. As a result, the amount of non-economic damages awarded in a case can vary significantly. When awarding non-economic damages, a court will consider an accident victim’s:
• Pain and suffering;
• Emotional distress;
• Disability or disfigurement;
• Loss of enjoyment of life; and
• Loss of consortium.
Aside from compensatory damages, California law also allows motorists to pursue punitive damages in some situations. Unlike compensatory damages, punitive damages focus on punishing an at-fault party for their conduct leading to the accident. Punitive damages are relatively rare in Carlsbad car accident cases, and are only available when a motorist can establish, by clear and convincing evidence, that the at-fault driver’s conduct amounted to malice, oppression, or fraud.
Can I Still Bring a Carlsbad Car Accident Lawsuit if I Contributed to the Accident?
After an accident, it is common to wonder, “Is there anything I could have done to avoid the accident?” Often, this thought pops into drivers’ heads even if they have no role in causing the accident. However, even if you did play a minor role in causing an accident, that will not preclude you from bringing a claim against other at-fault motorists. Under California’s pure comparative negligence statute, an accident victim will not be prevented from recovering from other at-fault parties, regardless of their percentage of fault. However, if you are found to be partially at fault, your total damages award will be reduced by your percentage of fault. Thus, if you sustained $200,000 in damages, but are 10 percent at fault, you will recover $180,000 instead of $200,000.
While California’s pure comparative negligence law is among the most favorable in the country for accident victims, it does open the door for defense attorneys to claim you were at fault. This is a common occurrence, because it allows an insurance company to decrease its liability. However, by working with a skilled attorney familiar with these defense tactics, you can decrease the chances they will be successful in making this claim.
Our Carlsbad Car Accident Attorneys are Experts in Vehicle Accident Injuries. You Won’t Find a Better Legal Team than The Levinson Law Group
If you or someone you love has recently suffered serious injuries in a Carlsbad car accident, give the dedicated auto and truck injury lawyers at the Levinson Law Group a call. Our skilled injury lawyers focus their practice solely on auto accidents, giving us an edge over other firms that represent clients in all types of injury claims. We understand that you may be hesitant to file a claim, and we are not here to “sell” you on doing so. We’re here to inform you of your rights so you can make the best decision for your family. If that means you decided to bring a case, great. If you decide it’s not for you, we will respect your decision.
When you decide to work with the Levinson Law Group, you can rest assured that you will have someone in your corner throughout the entire process. We begin by explaining the recovery process in understandable terms, and make ourselves available to answer your questions whenever they come up. To learn more about your options, give The Levinson Law Group a call at 760-840-2304.
We accept cases on a contingent fee. That means that if there is no recovery in your case, you pay no fee. And in most cases, we even advance the costs.
If you've been injured in any type of vehicle collision we want to hear your story and ensure that you recover maximum compensation.