San Diego Car Accident Lawyer

Every year, thousands of people in San Diego County are seriously hurt or even killed in car accidents. Most car accidents are caused by human error and negligence. When you are left injured due to someone else's negligence, you should not be left with the financial burden of your injuries. A San Diego car accident lawyer can help you seek compensation and hold the at-fault party accountable.

Contact our law office today for a free case evaluation with a San Diego auto accident attorney to explore your legal options after a serious car crash. You pay no fees unless we recover for you!

How the Experienced San Diego Car Accident Lawyers at Berman & Riedel, LLP, Can Help You

Don't underestimate the fight ahead of you. The for-profit insurance company isn't on your side and doesn't care that you are facing mounting medical bills, a painful recovery, and financial uncertainty. Their priority is getting you to go away and paying as little as possible, no matter how negligent their policyholder was.

At Berman & Riedel, LLP, we fight for you and serve as your legal advocate every step of the way. Our compassionate and aggressive San Diego car accident injury lawyers will help you hold the accountable party responsible by:

• Conducting a thorough investigation of your accident
• Building your claim with evidence to show how the other party caused your accident and the severity of your injuries
• Handling all communication with the insurance company
• Negotiating on your behalf to seek a fair settlement offer that fully compensates you
• Taking your case before a jury if a fair settlement can't be reached

Our personal injury law firm in San Diego has recovered over $100 million for our clients, including multi-million dollar settlements for victims injured in auto accidents. Contact Berman & Riedel, LLP to schedule a free consultation with an experienced car accident attorney to begin working on your case. You never pay anything out of pocket. If we don't recover compensation for you, you pay no attorney's fees!

Common Causes of Car Accidents in San Diego, CA

Most auto accidents are caused by human error, whether it's carelessness or intentionally reckless behavior. Dozens of factors may contribute to motor vehicle accidents, but just a handful of dangerous behaviors lead to the most serious San Diego car accidents.

Below are the major causes of motor vehicle accidents our San Diego car accident attorneys see on a regular basis.

Distracted Driving

The NHTSA estimates that distracted driving injures 390,000 and kills 3,400 people every year.

Texting or talking on the phone are the most well-known and dangerous distractions. California's cell phone law prohibits using a handheld device behind the wheel, with tickets starting at $160 and one point added to your license for a second or subsequent offense.

Other distractions can be just as dangerous. Eating, talking to passengers, or trying to use a GPS device while driving are also considered distracted driving.

Drowsy Driving

Driving while you are too tired can be as deadly as drunk driving. Every year, drowsy driving hurts at least 71,000 people and kills 1,500.

Driving Under the Influence

Drunk or drugged driving is a serious crime in San Diego. Driving under the influence is responsible for one death every 50 minutes and kills 10,000 people every year. Many more people are left seriously injured by drunk drivers.

Speeding

Driving too fast is one of the leading factors in traffic accidents. In 2018, speeding was a factor in 26% of traffic fatalities. About one-third of all accidents are attributed to speeding. Males between 15 and 24 are most likely to be speeding at the time of a fatal crash.

Aggressive or Reckless Driving

Aggressive driving refers to traffic offenses that endanger property or the lives of others. Reckless driving is a step above. Under California law, reckless driving is behavior that involves wanton or willful disregard for the safety of others.

Types of Car Accident Cases Our Law Firm Handles

Traffic accidents can occur in a hundred different ways, whether it's on downtown streets, San Diego highways, or on private roads and parking lots. There is something that most types of auto accidents in San Diego have in common: they're usually caused by negligence or human error. The following are the most common types of accidents our San Diego car accident law firm regularly sees.

Rear-End Collisions

A rear-end crash happens when a following car hits the back end of a leading car. Rear-end collisions can include minor fender-benders, but these accidents can also result in serious injuries. Rear-end crashes are the most common type of auto accident in the United States, accounting for 29% of all accident, according to the National Highway Traffic Safety Administration (NHTSA).

The NHTSA found that 87% of rear-end crashes happen because of distracted drivers. Drivers who follow too closely and drivers who stop very suddenly can also cause a rear-end collision. In the vast majority of cases, the driver in the following car is found at fault for a rear-end crash, although sometimes the lead driver can be to blame.

Sideswipe Accidents

A sideswipe happens when two vehicles driving in separate lanes clip each other. Sideswipe accidents can happen when one driver leaves their lane and hits the side of a vehicle in an adjacent lane. These accidents also commonly happen when one vehicle is merging without enough space.

Head-on Collisions

Head-on crashes are the most uncommon type of car accident. These types of crashes account for just 2% of traffic accidents across the United States, but they are the most dangerous type of collision. Head-on collisions are almost always very serious, and they are responsible for 10% of traffic fatalities.

A head-on collision can occur due to a wrong-way driver, a driver trying to avoid an accident in an intersection, or a driver trying to pass someone on a rural road and hitting an oncoming vehicle. Aggressive driving, distracted driving, drowsy driving, and drunk driving are all risky behaviors that can cause a head-on crash.

Rollover Accidents

A rollover accident happens when a vehicle flips onto its roof or side. While any vehicle can roll over in an accident, SUVs are at the highest risk of rollovers because they are taller with a higher center of gravity. Rollover accidents often happen when a driver loses control of their vehicle and strikes an obstruction at high speeds.

Side-Impact Collisions

A broadside or T-bone collision happens when a vehicle strikes the side of another vehicle. Side-impact collisions are more likely to cause injuries than rear-end accidents, although this depends on the speed, vehicle safety features and crumple zones, and the design and weight of the vehicle. These accidents often occur at intersections.

Multi-Vehicle Accidents

Multi-vehicle pile-ups are accidents involving three or more cars. These accidents usually happen on highways, and they are among the most deadly car accidents. A massive pile-up can leave victims trapped in their vehicles and hamper rescue efforts. Cars may be hit multiple times from multiple angles which increases the risk of serious injury.

Single-Car Accidents

A single-car accident can be just as serious as a collision with another vehicle. Single-car accidents can happen due to dangerous road conditions, drunk driving, drowsy driving, inattentive driving, or speeding. Sometimes, single-vehicle accidents involve pedestrians as well.

Important Steps to Take After a Car Accident

It's crucial to take steps after an accident to safeguard your health, check on others, and preserve your claim.

1. Check on other people involved in the accident.
2. Call the police or 911 if there are serious injuries.
3. Remain at the scene to speak with police, but do not make any admissions of guilt.
4. Preserve evidence at the scene. Take photos and videos of the scene, if possible.
5. Get contact information from witnesses, the other driver, and anyone else involved in the accident.
6. Seek medical attention as soon as possible, even if you feel fine. Injuries from a car accident may not be immediately apparent.
7. Consult with a personal injury lawyer before giving a statement to the insurance company.
8. Notify the insurance company of the accident.

Damages Available to Car Accident Victims in California

When someone else's negligence has caused an accident, you may be entitled to compensation from the at-fault driver. This financial compensation is designed to make you as whole as you were before the accident, although that is, unfortunately, never possible. After a car crash, you may be left with injuries that affect your ability to work and enjoy your hobbies. You may have life-long injuries, both visible and invisible, that impact your quality of life.

The compensation you can recover in a car accident claim is divided into three broad categories:

• Economic damages
• Non-economic damages
• Punitive damages

A San Diego car accident lawyer can help you understand what damages you may be entitled to.

What Are Economic Damages?

Economic damages are those with a clear financial value. These damages are usually easy to calculate, but they can be difficult to calculate in claims involving permanent or long-term disability when it comes to lost earning capacity and benefits of employment. Economic damages include:

• Medical bills associated with your injuries, both current and future. This includes surgery, emergency treatment, hospitalization, follow-up care, prescriptions, therapy, and medical devices.
• Lost wages for the time you had to take off work while recovering.
• Lost or reduced earning capacity if you are left disabled by your injuries.
• Lost employment benefits such as pension contributions and paid vacation.

What Are Non-Economic Damages?

Non-economic or general damages are those that do not have an intrinsic financial value. These damages can include:

• Pain and suffering
• Mental anguish
• Emotional distress
• Disfigurement
• Loss of enjoyment of life

There is no specific way to calculate non-economic damages like pain and suffering. An insurance company usually uses one of the two following methods, which can, at least, serve as a starting point for negotiations.

• The multiplier method uses your total economic damages as a base figure. A multiplier is chosen based on the severity of the injuries and long-term disability.
• The per diem method assigns a dollar amount for every day until you have fully recovered from your accident.

Under California Civil Code Section 3333.4, some drivers are barred from recovering non-economic damages. This includes:

• Drivers who were uninsured at the time of the crash.
• Drivers who violated Section 23152 or 23153 of the California Vehicle Code (drunk driving) and were convicted.

What Are Punitive Damages?

While rare, you may also be entitled to punitive damages. These damages are meant to punish someone for egregious behavior, such as disregard for human life or driving while intoxicated.

Punitive damages aren't just uncommon; they can only be recovered through a car accident lawsuit as a jury award.

Factors That Affect the Value of Your Personal Injury Case

Determining the value of your car accident injury case is complex. For very minor crashes, you may have only a few thousand dollars in damages for personal injury on top of damages to your property. If you suffered serious or catastrophic injuries, it's important to seek legal representation because your damages may be worth $100,000 or more than $1 million.

A personal injury attorney will help you understand how much your case may be worth. Here are some important factors that affect the value of a motor vehicle accident claim.

• The severity and type of car accident injuries you suffered
• Your total economic or financial losses
• What your life was like before the accident
• The effect of your injuries on your daily life
• Whether you suffered a long-lasting or permanent disability or impairment
• How the accident occurred, such as whether the other driver was particularly reckless

There are two crucial factors that can limit the damages you can recover:

• Being found at least partially at fault for the accident. If you are found partially responsible for the accident, your damages will be reduced by your share of fault. In California, you can still recover damages even if you are up to 99% to blame for the accident.
• Insurance coverage of the at-fault driver. While the at-fault party can be held liable for damages beyond their insurance coverage, they may not have assets that you can pursue.

Car Accident Claims & Options for Recovering Compensation

After an automobile accident, the primary means of recovering financial compensation is through an insurance claim. California is an at-fault insurance state, which means you file a claim against the other driver's insurance company if you believe they were partially or fully responsible.

Unfortunately, the legal process can be stressful and time-consuming. The at-fault driver's insurance company is not on your side. The claims adjuster assigned to your case will work to shift liability away from their customer and onto you. They may minimize the injuries you have suffered, blame you for the accident, and make a lowball offer that fails to fully compensate you for the harm you have suffered. The adjuster's job is to make you go away for as little as possible.

Except sometimes in the case of very minor accidents that mostly cause property damage, it's always a good idea to retain an experienced San Diego car accident attorney before speaking with the at-fault driver's insurance company. An experienced lawyer will protect your interests and negotiate on your behalf. Your attorney will understand the tactics and tricks insurance adjusters use to minimize claims.

Understanding the Insurance Claims Process

It may help to understand the general steps of your claim process. After you file a claim with the insurance company, the following will happen:

• The claim will be assigned an adjuster. The adjuster will contact you for a statement within 15 days. You can decline to have this statement recorded. Simply present the facts of your accident and avoid statements that give any impression you are in a hurry to settle or that you contributed to the accident.
• The adjuster will investigate your accident. They can use your statement, claim form, statements from other parties, an inspection of your vehicle, photos of the accident, damage reports, medical reports and bills, and other evidence. This can even include your social media posts.
• Your claim must be accepted or denied within 40 days of being proved.
• You will receive a settlement offer. In most cases, you will receive an initial settlement offer once your claim is investigated. This offer usually does not fully compensate you, especially if you are still receiving medical treatment, you have been left disabled, your injuries are serious, or another insurance company is disputing the determination of fault.
• Negotiation. After receiving this settlement offer, your San Diego car accident lawyer will present evidence and argue your case. Your attorney will seek a settlement that fully compensates you for all the damages you have suffered. This process may take time, but it is the best way to obtain the best results.

If you and the insurance adjuster agree, you will need to sign a settlement agreement in which you give up the right to sue in exchange for payment. Otherwise, you may need to file a personal injury lawsuit to recover the compensation you deserve.

What if the Driver Was Uninsured or Does Not Have Enough Coverage?

California law requires motorists to carry liability insurance with the following minimum coverage:

• Bodily injury coverage of $15,000/person and $30,000/accident
• Property damage coverage of $5,000

Even a minor crash can easily exceed these limits.

If they do not have enough coverage to pay for your damages, you can make a claim with your own insurance company. However, you must have one of two optional forms of coverage:

• Underinsured or uninsured motorist coverage (UM/UIM. This pays for your own property damage and medical expenses if the at-fault driver does not have any or enough coverage.
• Medical payments or MedPay coverage. This pays for necessary, reasonable medical bills for you and your passengers regardless of fault. Coverage is usually available in $1,000 increments.

Our San Diego car accident lawyers always encourage drivers to carry UM/UIM insurance coverage.

Filing a Personal Injury Lawsuit

If the insurance company refuses to make a fair offer for your damages, your legal team will likely proceed to file a lawsuit. This means your case will be presented before a jury, if it proceeds that far.

After filing a lawsuit, negotiations with the insurance company will continue. Most cases settle and do not make it all the way to trial.

Important California Accident Laws & How to Prove Liability

Like most states, California uses a fault-based car insurance system, which means the person who is found at fault for an accident is legally responsible for the damages. To recover compensation after a car accident in San Diego, your case will depend on showing the other driver was negligent or reckless.

Proving Negligence Under California Personal Injury Law

There are many factors that can be used to prove fault in a car accident. At Berman & Riedel, LLP, our San Diego car accident lawyers have decades of experience investigating car accident cases and fighting for maximum compensation for our clients. We will help you gather evidence and build the strongest case possible. The following are some types of evidence that may be used to prove fault in your case.

Police Reports

Police usually do not respond to minor accidents without injuries, but local police or the California Highway Patrol do generally respond to accidents that involve injuries. Law enforcement will create an official accident report which can serve as valuable evidence in your case. 

This report will contain a summary of the officer's observations of the scene, such as vehicle positions, vehicle debris, skid marks, damage to the vehicles, and road and weather conditions. The responding officers may even issue a citation and directly assign fault in the accident.

Physical Evidence at the Accident Scene

There are many forms of evidence that may be useful in proving the other party was at fault for your crash. This can include:

• Damage to both vehicles, which can show how the accident occurred
• Skid marks
• Road and weather conditions
• Vehicle on-board technology, which can reveal the speeds the vehicles were traveling and when the brakes were applied

Witness Statements

Always get contact information from any witnesses to your accident. Witness statements from you, passengers, other people involved in the accident, and third parties can be used as testimony to strengthen your claim.

Expert Testimony

A San Diego car accident lawyer may rely on expert testimony to prove causation, damages, or the severity of the injuries you suffered. We work with accident reconstruction specialists, medical experts, and specialists in many other fields to strengthen your case.

Photos & Videos

If possible, document the accident as much as you can with videos and photos. This evidence can be used to recreate the accident and potentially show what happened, including where the vehicles were just before they were hit, skid marks, and damage to each vehicle.

Statements by the Other Motorist

The other motorist may make statements to you or responding police officers that may be used to show they were at fault. Sometimes, reckless or negligent drivers admit they made a mistake or caused an accident at the scene.

California Vehicle Code

One of the most important ways to prove fault in a San Diego car accident is showing the other driver violated California traffic laws. The California Vehicle Code can be used to show that the other driver violated a traffic law and this was a major factor in causing the accident. 

The police report may be useful in showing the other driver violated the law, and they may even be issued a citation at the scene. The California Driver Handbook from the DMV can be a useful resource for showing another driver violated traffic rules.

The California Vehicle Code requires all motorists to obey traffic laws and exercise caution on the road. Examples of ways a driver may violate the law and be found negligent include:

• Speeding violations under VEH Division 11, Chapter 7
• Failure to yield the right-of-way under VEH Division 11, Chapter 4
• Commit an offense related to traffic control devices under VEH Division 11, Chapter 2, such as running a red light or failing to yield the right-of-way to traffic in an intersection

If the negligent driver caused your accident by violating a safety law, the negligence per se doctrine in California reduces the burden of proof. This legal doctrine means the defendant's behavior is presumed unreasonable, and it becomes easier to prove fault in your case.

Comparative Negligence and Your Car Accident Case

It's important to understand that California uses a comparative negligence system when determining liability in an accident. Under this system, multiple parties who are found at fault will share liability for the damages. If you are found 20% at fault for the accident but the other driver was 80% at fault, your damages will be reduced by 20%.

Because any share of blame shifted to you will directly reduce the compensation you can recover, it's crucial to work with an experienced San Diego car accident lawyer to help you build your claim.ation you can recover, it’s crucial to work with an experienced attorney in San Diego to help you build your claim.

Our San Diego Car Accident Attorneys Will Fight for Maximum Compensation for All Your Injuries

Many car wrecks are, fortunately, minor, but even a minor car accident can cause lasting personal injuries. In fact, fairly low-speed crashes that cause very little property damage are very likely to cause injury. This is because when the vehicle doesn't crumple, the force of the crash instead transfers to the occupants.

Car accidents are the leading cause of unintentional injuries and death in the U.S. About 20-50 million people are non-fatally injured in crashes across the country every year, with $75 billion in medical costs and lost productivity.

At Berman & Riedel, LLP, our experienced San Diego car accident lawyers frequently represent clients who have suffered serious harm due to careless drivers. Common injuries we see include:

• Soft tissue injuries like bruises and lacerations
• Back and neck injuries like whiplash
• Traumatic brain injuries (TBI)
• Spinal cord injuries
• Herniated discs
• Fractures
• Internal organ damage
• Chest injuries
• Seat belt injuries
• Burns
• Amputation

The degree of injuries from a car accident depends on many factors, including the speed, type of impact, type of vehicle, whether occupants were wearing seat belts, and more. Seat belts alone reduce the risk of death by 45% and the risk of serious injury by 50%. They also prevent occupants from being injected from the car, which kills 3 out of 4 people in fatal accidents.

After an accident, your injuries may leave you out of work with mounting medical expenses. You may need invasive surgical treatment, ongoing medical care, and a painful recovery and rehabilitation process. Many accident victims suffer catastrophic injuries and are left with permanent disabilities and psychological harm.

At Berman & Riedel, LLP, our entire legal team is here to help you. A San Diego car accident lawyer will investigate your accident to determine how it occurred and who is responsible. We will also help you gather evidence to prove the extent of your injuries to fight for the maximum compensation you deserve under California law.

Car Accident Case Results Our San Diego Car Accident Lawyer Has Achieved

A San Diego car accident lawyer at Berman & Riedel, LLP, will aggressively pursue maximum compensation for your injuries. Below are case results we have achieved for motor vehicle collisions.

• $3.3 million: A negligent driver caused serious injuries to multiple passengers, including a pregnant mother who delivered prematurely, causing severe injury to the child.
• $1.5 million: Student struck and killed another student in a pedestrian accident.
• $1.7 million: A stopped car was rear-ended by a speeding driver.
• $1 million: Two people were injured when they were rear-ended, including a pregnant woman who went into premature labor and suffered serious injury.
• $735,000: A passenger in a car was killed in a collision with a big-rig truck. Both drivers shared fault, although CHP initially blamed the car driver entirely.
• $730,000: A minor suffered permanent, serious injury as a passenger when a drunk minor flipped and rolled the vehicle while attempting to evade police.

Schedule a Free Consultation With a San Diego Auto Accident Lawyer

Motor vehicle accidents are always traumatizing, but dealing with the aftermath can be overwhelming. An experienced car accident attorney can make a difference in helping you recover the full compensation you deserve while holding the responsible driver accountable.

Our San Diego car accident lawyers have years of experience handling car accident cases and fighting back against insurance company tactics. We will put our experience and legal team to work for you.

Contact our law firm today to schedule a free consultation with an experienced attorney to discuss your case and how we can help.

San Diego Auto Accident FAQs

Can I Afford a San Diego Car Accident Attorney?

A San Diego car accident lawyer works on a contingency fee basis. This means you pay nothing unless they recover compensation for you. There are no out-of-pocket costs to hire an experienced San Diego car accident lawyer.

What Are Most Lawyer Fees for a Car Accident?

A San Diego car accident lawyer usually has a contingency fee of 33% to 40% of your settlement or jury award. If your case settles before a lawsuit is filed, you will probably pay about 33% in attorney's fees. The fee may increase to 40% or higher if your case proceeds to trial.

How Much Is My San Diego Car Accident Injury Worth?

There is no easy way to answer this question. The value of your claim depends on the extent of your injuries, your non-economic damages like pain and suffering, and other factors. Any fault you share and the other party's insurance limits can also limit the value of your case.

How Much Are Most Car Accident Settlements?

The average settlement for a car accident is around $3,000 to $25,000, but serious or life-changing injuries can easily result in a settlement of $100,000 or up to $1 million or more. The median jury award for a car accident case that goes to trial is $15,000.

Every case is unique. A San Diego car accident lawyer can help you understand what your case may be worth and negotiate on your behalf for the highest settlement possible.

How Long Do Most Car Accident Settlements Take?

A personal injury claim can take weeks, months, or even years to resolve, depending on the details and complexity of the case. The clearer the liability is, the faster your claim can be resolved. If your injuries are very significant or long-lasting, or the insurance company cannot reach a fair settlement, your claim may take longer and need to go to court.

Should I Accept the Insurance Company's Settlement Offer After a Car Accident?

Never accept a settlement from the insurance company without speaking with a car accident lawyer in San Diego. The initial settlement offer is usually very low and does not fully compensate you. If you accept this offer, you may not have all of your expenses covered.

How Much Is My Car Worth in an Accident?

The insurance company determines the value of your car by the market value, which is based on actual sales in your area. If your car is repaired, its value after the accident will still be lower due to diminished value. If you are not satisfied with the insurance company's valuation, you can request evidence they used to support their valuation and provide your own comparable sales.

What Happens if the Person at Fault in an Accident Has No Insurance in California?

The at-fault driver may be sued for damages. They can also face penalties, including fines and license suspension. The other party's uninsured motorist coverage can pay for damages up to their policy limit.

What Happens If I’m at Fault in a Car Accident in California?

If you are at fault, your insurance policy will pay for the damages you caused up to your policy limits. You may be liable for any damages beyond your coverage limits. Damage to your own vehicle is covered by collision coverage, if you have it. MedPay coverage may help with your medical expenses.

Can I Still Recover Compensation if I Share Fault for a Car Accident in San Diego?

Yes, but your compensation will be reduced by your share of fault. If you were 25% at fault, for example, you can only recover 75% of your damages.

Can You Get Punitive Damages From a Car Accident?

Punitive damages may be awarded in a car accident case in California, but only in specific circumstances. These damages can only be awarded by a jury with clear, convincing evidence that the at-fault driver's behavior went beyond mere negligence and demonstrated conscious disregard for the safety and life of others. Intentional reckless driving, drunk driving, intentionally causing an accident, or leaving the scene of an accident with serious injury may qualify.

An experienced San Diego car accident lawyer can help you understand if punitive damages may be available in your case.

Do I Need a San Diego Auto Accident Attorney After a Crash?

You can file an accident claim without an attorney, especially if the accident and your injuries were minor. However, a San Diego car accident lawyer can ensure your claim is filed correctly, build evidence to support your claim, and negotiate on your behalf with the insurance company to potentially secure a larger settlement offer or jury award.

How Common Are Car Accidents in San Diego?

Car accidents are the leading cause of accidental death in San Diego, CA, and across the country. They are also one of the leading causes of ER visits and serious injuries in the United States.

According to the California Office of Traffic Safety (OTS), San Diego County ranked as the 28th safest county in California out of 58 for crash fatalities and injuries in 2017. There were 20,648 people injured or killed in car accidents in San Diego County in 2017.

• Alcohol was a factor in 2,408 injuries and fatalities. This ranked 11th out of 58 counties, which makes San Diego one of the worst California counties for drunk driving.
• Over 5,000 of these injuries and fatalities involved speeding.
• 1,351 people in San Diego County were hurt or killed in a hit and run accident in 2017.

In 2018, there were 7.63 crash fatalities per 100,000 people in San Diego County. More than half of these fatalities (4.52/100,000 people) were in single-vehicle accidents. More than one-quarter (2.03/100,000 people) involved drunk driving.

What Car Insurance Is Required in California?

California requires drivers to maintain minimum auto insurance coverage:

• $30,000 in bodily injury coverage per accident
• $15,000 in bodily injury coverage per person
• $5,000 in property damage coverage

This is referred to as 30/15/5 coverage. It's always a good idea to carry higher policy limits; even a minor accident can easily result in damages that exceed these limits.

What Happens When a Car Accident Claim Exceeds Insurance Limits in California?

When damages from a crash exceed the at-fault driver's policy limits, the at-fault driver will be personally liable for the excess damages. Sometimes, the at-fault party must pay the remaining costs out of pocket, but only if they have the assets to do so. They may have an umbrella policy that can pay for excess damages. However, pursuing the at-fault driver for the remainder is usually complicated, expensive, and unlikely to recover additional money.

Accident victims have other avenues to pursue to recover compensation, including uninsured/underinsured motorist coverage through their auto insurance and any other liable parties. A San Diego car accident lawyer can help you navigate this complex situation.

Does California Have Any Laws That Limit Personal Injury Damages?

In general, California does not cap damages in personal injury claims. California recently passed a cap on medical malpractice cases with a limit of $430,000 in non-fatal cases and $600,000 in fatal cases beginning January 1, 2025.

California also limits non-economic damages for certain claimants in car accident cases. The Personal Responsibility Act of 1996 (Prop 213) prohibits uninsured or drunk drivers from recovering money for pain and suffering, mental and emotional suffering, and other non-economic losses.

A San Diego car accident lawyer can help you understand any caps that may apply to your case.

What Is the CA Statute of Limitations for Personal Injury?

There is a two-year statute of limitations in California for personal injury cases. This applies to car accidents. You have two years from the date of your crash to file a lawsuit.