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San Diego Car Accidents & Injury Lawyers

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Carlsbad Car Accident Attorney

  • Over 550 combined Google 5-Star Reviews
  • Tens of millions won every year for our clients
  • We won’t settle for less than the maximum value for your case
  • 30 combined years of legal experience 
San Diego personal injury lawyers near me

Trusted And Recommended

HHJ Trial Attorneys proudly serve victims who have suffered from serious injuries. HHJ is one of San Diego’s premiere personal injury law firms.  We’ve obtained over ten million dollars for our clients within the last 4 years alone and have been voted the Best Litigation Firm for the last 3 years through the San Diego Union Tribune. All three partners have been voted as Super Lawyers and have received coverage from local and national news outlets.

Free Case Evaluation

Carlsbad, located in California, is a beautiful city that attracts new residents and visitors alike. However, with the city’s growth, there has been a surge in traffic, resulting in an increase in motor vehicle accidents. Car accidents are shockingly common, with more than 6 million occurring every year in the United States alone. Do the math, and it works out to more than 16,000 accidents every day. Unfortunately, many of those incidents result in injuries, and some claim lives. After an accident, it isn’t always easy to go back to life as it was before. The lingering effects, both physical and financial, often make that challenging.

If you or your loved one has suffered an injury due to a car accident in the Carlsbad area, you may be eligible to seek compensation through a wrongful death or personal injury lawsuit. The legal team at HHJ Trial Attorneys is committed to assisting victims of car accidents. We strongly believe that those who caused the accident should be held accountable instead of the victims.

At HHJ Trial Attorneys, our experienced and compassionate personal injury attorneys in Carlsbad understands the difficulties you face and provides a robust legal resource in support. For many people, hiring a car accident lawyer in Carlsbad following an incident is their first experience with the legal system in Carlsbad. What do you need to know about this process, and why is our personal injury attorneys in Carlsbad is the right choice for handling your claim?

Our law firm has obtained millions in settlements and judgments. Although we cannot guarantee results and outcomes, we provide a free evaluation of your Carlsbad car accident case to help determine its potential financial value and strength based on the facts and law involved in your case.

Common Types of Car Accidents in Carlsbad

There are many different types of car accidents that can occur in Carlsbad, each with their own set of causes, effects, and potential injuries. Here is a list of some of the most common types of car accidents:

  • Rear-End Collisions: This type of accident occurs when one vehicle collides with the back of another vehicle. It is often caused by distracted driving, following too closely, or sudden braking.
  • T-Bone Accidents: Also known as side-impact collisions, T-bone accidents occur when one vehicle hits the side of another vehicle at a right angle. These accidents are typically caused by running a red light, failing to yield, or making an illegal turn.
  • Head-On Collisions: This type of accident occurs when two vehicles collide with each other head-on. It is often caused by driving in the wrong lane, falling asleep at the wheel, or driving under the influence of drugs or alcohol.
  • Rollover Accidents: Rollover accidents occur when a vehicle flips over onto its side or roof. They are often caused by speeding, taking turns too sharply, or losing control of the vehicle.
  • Single Vehicle Accidents: This type of accident involves only one vehicle and can include running off the road, hitting a tree or other stationary object, or flipping over. It is often caused by distracted driving, falling asleep at the wheel, or driving under the influence.
  • Multi-Vehicle Pileups: Multi-vehicle accidents involve three or more vehicles and typically occur in heavy traffic or bad weather conditions. They can cause serious injuries and fatalities.
  • Intersection Accidents: These accidents occur when two or more vehicles collide at an intersection. They can be caused by running a red light, failing to yield, or making an illegal turn.
  • Parking Lot Accidents: Parking lot accidents are common and can involve two or more vehicles. They are often caused by distracted driving, backing out without looking, or failing to yield.
  • Hit and Run Accidents: This type of accident occurs when a driver leaves the scene of an accident without stopping to exchange information or render aid. It is often caused by drunk driving or driving without a valid license.
  • Pedestrian Accidents: Pedestrian accidents occur when a vehicle hits a person walking or running. They can be caused by distracted driving, speeding, or failing to yield to pedestrians.
  • Bicycle Accidents: Bicycle accidents involve a collision between a bicycle and a motor vehicle. They are often caused by driver inattention, failure to yield, or driving under the influence.
  • Motorcycle Accidents: Motorcycle accidents involve a collision between a motorcycle and a motor vehicle. They are often caused by driver inattention, failure to yield, or speeding.

Injuries You Can Sustain from a Car Accident in Carlsbad

Car accidents can result in a wide range of injuries, from minor bruises and scrapes to severe and life-threatening injuries. Here is a long and detailed list of some of the injuries that can result from a car accident:

  • Whiplash: Whiplash is a neck injury caused by a sudden, violent movement of the head. It is a common injury in car accidents and can cause pain, stiffness, and limited range of motion.
  • Head Injuries: Head injuries can range from mild concussions to severe traumatic brain injuries. They can result from hitting your head on the steering wheel, dashboard, or window.
  • Spinal Cord Injuries: Spinal cord injuries can cause paralysis, loss of sensation, and loss of function in the arms, legs, and torso. They are often caused by a severe impact to the spine.
  • Broken Bones: Car accidents can cause fractures and broken bones in the arms, legs, hips, ribs, and other parts of the body. These injuries can be painful and require extensive medical treatment.
  • Internal Injuries: Internal injuries can include damage to the organs, such as the liver, spleen, or kidneys. They may not be immediately apparent after an accident, and can cause serious complications if left untreated.
  • Soft Tissue Injuries: Soft tissue injuries include sprains, strains, and contusions. These injuries can cause pain, swelling, and limited range of motion.
  • Burn Injuries: Burn injuries can result from contact with hot surfaces, fires, or explosions. They can range from mild to severe and may require extensive medical treatment.
  • Emotional Injuries: Car accidents can also cause emotional injuries such as anxiety, depression, and post-traumatic stress disorder (PTSD). These injuries can have long-lasting effects and may require treatment from a mental health professional.
  • Internal Bleeding: Internal bleeding can occur from trauma to the body during a car accident. It may not be immediately apparent and can cause serious complications if left untreated.
  • Amputations: In severe car accidents, amputations may be necessary due to injuries sustained in the accident. This can have a significant impact on the victim’s quality of life.
  • Eye Injuries: Eye injuries can result from flying debris or airbags deploying during a car accident. They can range from minor scratches to severe damage to the eyes.
  • Dental Injuries: Dental injuries can occur from impact to the face during a car accident. They can include chipped or broken teeth, jaw fractures, and damage to the gums and tongue.

Causes of Car Accidents in Carlsbad

In Carlsbad, in one year’s time, more than 400 people were killed or injured in traffic-related crashes. Of those crashes, 22 were hit-and-runs, 33 occurred between 9 p.m. and 2:59 a.m., and 85 were speed-related. There were also 292 arrests as a result of Carlsbad car accidents.

While speeding and alcohol impairment are consistently among the major contributors to accidents across the U.S., including in Carlsbad, there are other causes of accidents that are just as significant:

  • Teenage drivers are prone to fatigued driving due to additional sleep requirements for young adults as they grow and develop. In addition, teens lack the developmental ability to scan the roadway for hazards effectively, and they lack the experience with driving that will help them to make sound driving decisions.
  • Driver fatigue is often experienced by night shift workers and long-haul truck drivers. It happens when a driver has failed to get adequate sleep before getting behind the wheel of a vehicle. Sometimes, even after getting the right amount of sleep, a driver may suffer a sleep condition such as sleep apnea, which causes temporary pauses in their breathing throughout the night and leaves them drowsy during the day.
  • Distracted driving is a significant cause of accidents and includes anything that causes the driver to take one or both hands from the wheel, draw their eyes from the road, or take their attention away from the task of driving. Some things result in more than one of these types of distractions, and texting involves all three. Other examples of driver distractions include other cell phone use, eating or drinking, visiting with passengers, dealing with loose pets in the car, adjusting stereo or vehicle controls, or external distractions such as a previous accident, a billboard, or other people and cars.
  • Tailgating is the act of one vehicle following another so closely that its driver has little time to react or come to a stop when the vehicle in the lead suddenly brakes. This is the main cause of rear-end accidents.
  • Aggressive driving and road rage is usually a result of impatience or a desire to push through traffic congestion by tailgating, red light running, or improper lane changes. Road rage, on the other hand, is an attempt to assault another driver or punish them for perceived driving infractions through behaviors such as deliberately tailgating, refusing to let the vehicle pass, honking, yelling, rude gestures, exiting the vehicle at a stoplight to confront another driver, or even attempting to bump or ram a vehicle off of the roadway.
  • Failure to yield is a common cause of broadside accidents. Red lights and stop signs indicate that a driver should stop and wait for the light to change or a gap in the flow of traffic before proceeding. Failure to do so constitutes a failure to yield the right-of-way.

Car Accident Settlements in Carlsbad

When you are injured in a Carlsbad car accident, and it was someone else’s fault, you have the right to seek compensation for your losses. Compensatory damages are intended to make you whole again, by awarding damages for both economic and non-economic losses.

Economic damages include the quantifiable financial losses you have suffered as a result of the accident. Examples of economic damages include medical bills, lost wages, property damage, and other out-of-pocket expenses you have incurred. For instance, if you had to spend $50,000 on medical bills due to the accident, you are entitled to seek $50,000 in compensation for past medical expenses.

On the other hand, non-economic damages refer to the subjective losses you have sustained. They are not quantifiable as easily as economic damages but are equally important. Non-economic damages are intended to compensate for your pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life.

In some rare cases, punitive damages may be awarded in addition to compensatory damages. Punitive damages are not awarded to make the victim whole but to punish the at-fault party for their wrongful conduct. In Carlsbad, punitive damages are only available if the at-fault party acted with malice, fraud, or oppression. In other words, it must be shown that they intentionally disregarded the safety of others or acted with a reckless disregard for the consequences of their actions. For instance, if a drunk driver with a previous DUI conviction is driving recklessly and causes an accident, they may be liable for punitive damages.

As experienced car accident attorneys in Carlsbad, we always caution our clients that their settlement amount can be dependent on a number of factors. However, the common types of car accident settlements include: 

  • Lump sum settlement: This is a one-time payment made to the victim to cover the costs of the accident, including medical expenses, property damage, and lost wages.
  • Structured settlement: This is a long-term payment plan that is set up to provide the victim with regular payments over a period of time, rather than a lump sum. This is typically used in cases where the victim has a long-term injury or disability.
  • Mediated settlement: This is a settlement that is reached through mediation, which is a process where the parties involved in the accident meet with a neutral third party to negotiate a resolution.
  • Arbitration settlement: This is a settlement that is reached through arbitration, which is a process where the parties involved in the accident present their cases to a neutral third party who makes a binding decision on the resolution.
  • Out-of-court settlement: This is a settlement that is reached outside of court, through negotiations between the parties involved in the accident. This is the most common type of settlement, as it is less costly and time-consuming than going to trial.
  • Court settlement: This is a settlement that is reached through a court ruling, which is made by a judge or jury. This type of settlement is less common than an out-of-court settlement and is typically used when the parties are unable to reach a resolution through other means.

Frequently Asked Questions About a Carlsbad Car Accident Case

Can I receive compensation if a loved one died in a car accident in Carlsbad?

Yes, it is possible to receive compensation if a loved one dies in a car accident. The process and the amount of compensation that can be received will vary depending on the circumstances of the accident and the state in which it occurred.

In general, the immediate family members of the deceased person may be able to file a wrongful death lawsuit against the party responsible for the accident. The purpose of this type of lawsuit is to compensate the surviving family members for the financial and emotional losses they have suffered as a result of their loved one’s death.

Compensation for a wrongful death claim can include economic damages, such as funeral and burial expenses, medical expenses incurred prior to the death, and loss of financial support. Non-economic damages, such as loss of companionship, emotional distress, and pain and suffering, may also be included in the compensation.

It is important to note that the laws surrounding wrongful death claims vary from state to state, and there may be specific requirements that need to be met before a claim can be filed. It is recommended to seek the advice of a qualified attorney who specializes in wrongful death cases to understand the legal options available and to assist in navigating the legal process.

Do I have to go to court regarding my Carlsbad car accident lawsuit?

If you file a Carlsbad car accident lawsuit, it’s possible that you may have to go to court. However, many car accident cases are resolved through settlement negotiations and never make it to trial.

The process typically begins with filing a complaint or claim with the insurance company of the at-fault driver. If you’re unable to come to a fair settlement with the insurance company, you may decide to file a lawsuit. At this point, you and your attorney will begin preparing for trial, which includes gathering evidence, depositions, and other discovery procedures.

However, even after filing a lawsuit, the case can still be settled at any point before trial, including during the trial itself. Settlement negotiations can happen at any point, and if both parties come to an agreement, the case can be resolved without going to court.

Ultimately, whether or not you have to go to court depends on the specific circumstances of your case, including the evidence available, the actions of the at-fault party, and the willingness of both parties to negotiate a fair settlement. An experienced car accident attorney can guide you through the legal process and help you determine the best course of action for your specific situation.

What happens if an at fault driver is uninsured?

If the at-fault driver in a car accident is uninsured, it can make it difficult for the other driver to recover compensation for their losses. In this case, the driver who is not at fault may need to rely on their own insurance coverage to cover their damages, such as medical bills, lost wages, and property damage.

If the not-at-fault driver has uninsured motorist coverage, their own insurance company may step in to provide coverage for their losses. Uninsured motorist coverage is an optional insurance coverage that provides protection to the policyholder if they are involved in an accident with an uninsured or underinsured driver. This coverage can help cover the not-at-fault driver’s damages up to the limits of their policy.

If the not-at-fault driver does not have uninsured motorist coverage, they may need to pursue other legal options to recover compensation, such as filing a lawsuit against the at-fault driver to obtain a judgment for the damages. However, even if the not-at-fault driver obtains a judgment, there is no guarantee that they will be able to collect the damages from the at-fault driver, especially if the driver is uninsured and has limited assets.

What is the average car accident settlement amount?

The amount of a settlement can vary greatly depending on several factors, such as the severity of the accident, the extent of injuries or property damage, insurance coverage, and the liability of each party involved.

In general, it is not possible to provide an “average” settlement amount for car accidents in Carlsbad or anywhere else. Settlements are typically negotiated between the parties involved, or with the assistance of attorneys, and the final amount will depend on a variety of factors unique to each case.

It is important to note that settlement amounts may include compensation for medical bills, lost wages, property damage, pain and suffering, and other related expenses. If you have been involved in a car accident in Carlsbad, you should consider speaking with an experienced attorney who can evaluate your case and help you understand your legal options.

Frequently Asked Questions Regarding a Carlsbad Car Accident Lawyer

Is it more affordable just to represent yourself in a car accident lawsuit?

While it is possible to represent yourself in a car accident lawsuit, it is generally not recommended. This is because personal injury law can be complex and navigating the legal system can be difficult without the guidance of an experienced attorney. Additionally, insurance companies often have teams of lawyers working to minimize their payout in personal injury cases, which can put self-represented plaintiffs at a significant disadvantage.

While representing yourself may save you money on attorney fees, it could also lead to a less favorable outcome in terms of compensation. A skilled personal injury attorney will have experience negotiating with insurance companies and will know how to build a strong case to maximize your recovery.

Furthermore, many personal injury attorneys work on a contingency fee basis, meaning they only get paid if they win your case. This means you don’t have to worry about upfront costs or paying attorney fees out of pocket.

In short, while representing yourself may seem like a more affordable option, it can actually end up costing you in the long run. Hiring a reputable personal injury attorney can increase your chances of obtaining a fair settlement and can ultimately save you time, money, and stress in the process.

Should I hire a car accident attorney?

If you have been involved in a car accident, it is generally recommended that you hire a car accident attorney, especially if you have sustained injuries or significant damages. An experienced car accident attorney can help you navigate the legal system, negotiate with insurance companies, and potentially increase the compensation you receive for your injuries and damages.

An attorney can also handle the legal and administrative aspects of your case, such as filing paperwork, gathering evidence, and communicating with the other party and their insurance company. This can take a significant burden off your shoulders and allow you to focus on your recovery.

Additionally, an attorney can provide valuable legal advice and guidance throughout the entire process, helping you to understand your rights and options and make informed decisions about your case.

While you may be tempted to handle the case on your own, hiring an attorney can ultimately lead to a better outcome and potentially save you time, stress, and money in the long run.

What is a contingency fee?

A contingency fee is a type of fee arrangement commonly used in legal cases, including car accident lawsuits. In a contingency fee agreement, the attorney’s fee is based on a percentage of the amount recovered by the client in the case. The fee is typically paid only if the attorney successfully recovers compensation for the client, and the amount of the fee is agreed upon in advance. This means that the client does not have to pay the attorney upfront or out of pocket, which can be particularly beneficial in situations where the client may be facing financial difficulties due to medical expenses or lost income as a result of the accident. The contingency fee arrangement also incentivizes the attorney to work hard to recover as much compensation as possible for the client, as the attorney’s fee is directly tied to the amount recovered.

Reach Out to HHJ Trial Attorneys: Trusted Carlsbad Car Accident Lawyers

If you have been involved in a car accident in Carlsbad, get in touch with HHJ Trial Attorneys. Our experienced team of car accident and trial lawyers will fight tirelessly and vigorously for you to ensure that you get the compensation that you need and deserve as a result of your injuries. Reach out to us today at 619-INJURED! 

Khala BarkusKhala Barkus
19:33 25 Sep 22
Michael and his team were so great during this entire process. They helped me to get a pretty significant settlement from my case and they were never delayed in any of the processes. I am confident that had I not "fired" the first attorney that I started to work with and called HHJ trail attorneys, I would not have gotten the results that I got with HHJ. You can't go wrong with working with these guys to settle your case.
TylerTyler
21:09 25 Aug 22
Michael and the HHJ staff were extremely helpful from the start of my case less than a year ago. From the time I had my accident, to having doctor appointments set up to the final conclusion, it couldn’t have been a smoother process from beginning to end. Michael is very detailed and organized and always has your best interest at heart. He is very responsive and is always on top of it. I didn’t have to do much other than show up to my doctor appts and respond with info that was needed. I would without a beat use Michael and his team again if needed. HHJ is the best in Southern California!
Claudia LopezClaudia Lopez
21:41 08 Jul 22
Mr. Adam Hepburn and his firm, HHJ Trial Attorneys, took on our legal case. Mr. Adam Hepburn came recommended, luckily. We can't thank Mr. Adam Hepburn and his firm for their stellar work throughout our entire legal case. If I had any questions or concerns, Mr. Adam Hepburn would quickly address my concerns either via email, cell phone or even on text. Mr. Adam Hepburn was very truthful, thoughtful when explaining the facts of my case, and extremely professional. If you're on the fence with hiring Adam Hepburn and his firm, don't be, he's the best in the field. Adam won my case! Must hire him and his firm if you need his type of services.
FergalFergal
15:00 20 Apr 22
Michael and the team at HHJ Trial Attorneys have taken the best care of our Clients after they have being involved in road accidents. The care, attention and commitment they provide to all their clients is extraordinary as are their life enhancing results - HHJ Trial Attorneys = Best In Class.
Anne FranksAnne Franks
14:41 20 Apr 22
Michael at HHJ Trial Attorneys is a professional Accident & Personal Injury Lawyers group. This group is very is highly recommended! They are very professional compared to other firms. If you are looking for a quality group of attorneys that will get the job done, this is the one to call!
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2121 Palomar Airport Road, Suite 300, Carlsbad, CA 92011

Tel : 619-INJURED
Email: contact@hhjtrialattorneys.com

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