San Diego Car Accident Liability

If a person causes a car accident, they can be held liable for damages under California tort laws. In most cases, liability for a car accident in San Diego, CA, is established by proving negligence. Unfortunately, the cause of a car accident is not always clear.

The San Diego car accident lawyers of Mission Personal Injury Lawyers, P.C. have extensive experience handling car accident claims. Our lawyers have over 43 years of collective legal experience. Since opening our law firm in 2010, we have recorded millions of dollars for our clients with a 99% success record. 

Contact our law firm to schedule your free consultation with a San Diego personal injury attorney to discuss your case. At Mission Personal Injury Lawyers we fight to hold the parties responsible for causing your car crash liable for your injuries, financial losses, and other damages. Call us at (619) 777-5555 today.

How Mission Personal Injury Lawyers Helps You After a Car Accident

How Mission Personal Injury Lawyers Helps You After a Car Accident

Insurance companies work to limit their liability for a car accident claim. They do everything possible to lower the value of your insurance claim. In some cases, an insurance company might use bad-faith insurance practices to avoid liability. 

At Mission Personal Injury Lawyers, our legal team stands up to insurance companies that try to avoid paying for damages caused by their insured drivers. Our San Diego car accident attorneys aggressively pursue insurance claims and personal injury lawsuits to hold liable parties accountable for their actions. 

When you hire our award-winning legal team, we diligently work to protect your best interests by:

  • Conducting an independent accident investigation to determine the cause of the car crash
  • Identify all parties who contributed to the cause of the car accident
  • Verify insurance coverage and file insurance claims
  • Monitor the investigations by law enforcement offices
  • Work with accident reconstructionists, medical specialists, and other expert witnesses
  • Document your damages to calculate an accurate amount for your damages
  • Negotiate full compensation for all damages
  • File a lawsuit and pursue the case in court, if necessary

Do not wait to contact a lawyer about your car crash. Instead, call today to schedule a free case evaluation with an experienced car accident lawyer in San Diego, California.

California Requires Drivers To Have an Acceptable Form of Financial Responsibility 

Under California law, a driver must have a form of financial responsibility for car accidents. Drivers can choose from:

  • Automobile liability insurance policy in the required minimum amounts
  • A self-insurance certificate issued by the California Department of Motor Vehicles (DMV)
  • A surety bond in the amount of $35,000
  • A $35,000 cash deposit with the DMV

Most drivers purchase liability insurance to satisfy the requirement for financial responsibility. The minimum amount for liability car insurance in California is $15,000 for bodily injury ($30,000 per accident) and $5,000 for property damage.

Liability insurance compensates accident victims up to the policy limits when an insured driver causes an accident. The victim can receive compensation for economic and non-economic damages. 

Who Is Liable for a San Diego Car Accident?

Liability is a legally enforceable claim against another party for damages, injuries, and harm caused by that party. One or more parties might share liability for damages in a car accident case. Parties who could be liable for a car accident claim include, but are not limited to:

  • The driver who caused the accident
  • A bicyclist or pedestrian who caused the crash
  • Manufacturers who produced defective automobiles or parts
  • A government agency for failing to maintain roads or defectively designed roads and intersections
  • Trucking companies and other businesses
  • Rideshare companies 

The injured party has the burden of proving liability by a preponderance of the evidence. If the accident victim cannot prove the elements of a liability claim, they cannot recover compensation for their damages.

How Do You Prove Liability for a San Diego Car Accident Claim?

Most car accident claims are based on allegations of negligence. Proving negligence requires that you have evidence to establish:

  • Duty of Care – The party owed the injured victim a legal duty of care
  • Breach of Duty – The party breached their duty of care through their acts or omissions 
  • Causation – The breach of duty was the proximate and direct cause of the car accident 
  • Damages – The injured victim sustained damages because of the car accident

In most cases, the person who caused the accident is liable for damages. However, under vicarious liability, another party could share liability. 

Vicarious liability is generally used to establish the liability of an employer for an employee’s actions. For example, a trucking company is liable for damages caused by a truck accident caused by an employee.

How Does Contributory Fault Impact a Car Accident Case?

An accident victim could be partially to blame for causing a car crash. If so, the victim is not barred from recovering compensation for damages.

However, California’s contributory fault law reduces the amount of money the injured victim receives for damages. The reduction is based on the victim’s percentage of fault.

For example, suppose a jury awards you $500,000 for a car accident lawsuit. However, the jury finds that you were 25% to blame for the cause of the car crash. Therefore, you would receive 75% of the value of your damages.

Schedule a Free Consultation With Our San Diego Car Accident Lawyers

The sooner you contact our law firm, the quicker we can begin working on getting you the money you deserve. Contact our office to schedule a free consultation to discuss your case with one of our San Diego personal injury lawyers.