Frequently asked questions from our readers

What If the Other Driver was Drunk?

If the other driver was drunk, it’s likely that they should pay for whatever damage they caused. Drinking represents one of the worst driving hazards on American roads today, causing 10,839 fatalities per year. When drunk drivers are over the limit, they have already broken the law and violated the safety of everyone on the road. This also means that they’re obligated to pay for any damage they caused because of their drunk driving.

Was the Other Driver on Their Cell Phone?

While California has no law prohibiting cellphone use, drivers on California roads have an obligation to those around them to drive safely. When drivers drive irresponsibly while operating a cell phone, the law calls the violation “negligence” and requires that person to pay for any damage that may have been caused by their negligent behaviour. Therefore, any question involving a car accident and a person talking on their cellphone will involve a question of whether or not that person was driving safely.
To answer that question, courts will often ask juries to imagine a “reasonable” person and what that reasonable person would have done under the circumstances. If the jury concludes that a reasonable person would not have been talking on their cellphone, and that that bit of negligence caused the accident, the defendant will be held liable for his or her actions and will be made to pay for the damages.

What Damages Can I Recover?

California courts allow recovery for many different types of damage. If you have physical injuries, you may recover the amounts you may need to pay past, present and future medical expenses. If you have lost the opportunity to work because of your injuries, recovery of your lost wages is also possible. Moreover, victims of car accidents may also recover for the pain and suffering they have or are going to endure as a result of the accident.

If you have been involved in a car accident in San Diego California and want justice, please give our offices a call.

What If the Other Driver Doesn’t Have Insurance?

If you have been involved in a collision with someone claiming not to have insurance, there are several steps you can take to protect yourself. First, don’t assume that the other person is telling the truth. Often people will claim not to have insurance to avoid reporting the incident to their insurance carriers. They do this in hope that they won’t have to pay higher premiums on their car insurance. Make sure to call the police, take down the information on their photo identification, and take pictures of the damage.
Even if the other driver doesn’t have insurance, you still have options. 1 in 6 drivers in the United States does not possess auto insurance, and many insurance carriers dedicate part of the premiums they receive to this possibility. In other words, your insurance contract may have provided for coverage in spite of the other driver being uninsured. To determine whether or not you’re covered under your contract, contact one of our car accident attorneys right away.
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