Carlsbad Car Accident Attorney
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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.
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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.
Table of Contents
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.
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.
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.
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.
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!