Car Accident Injury Attorneys Serving Encinitas
A sudden, unexpected motor vehicle accident can turn your life upside down with serious injuries, the death of a loved one, medical costs and other financial damages. At Padilla Law Group, LLP, in Encinitas, California, we know how important it is to help you and your family get your feet back on the ground as quickly as possible.
We invite you to consult with us to learn about the most effective way to pursue maximum compensation after an auto accident. We will start by answering your questions such as the following. We also hope to gather the basic facts about your accident and injuries, from which we can begin an investigation designed to help us build a strong injury claim or lawsuit on your behalf.
What types of motor vehicle accidents does your firm handle?
Our clients have been injured in all types of motor vehicle accidents, including:
- Accidents involving uninsured motorists
- 18-wheeler semi-truck accidents
- Commercial delivery van accidents
- Construction truck accidents
- Motorcycle crashes
- Boat, ATV and recreational vehicle accidents
- Aviation accidents
- Taxi, bus, train and trolley accidents
- Accidents and injuries incurred during a Lyft or Uber ride
- Someone riding a bicycle or e-bike who is struck by a vehicle
- Pedestrians struck by vehicles
Shouldn’t I just work with an insurance company to get the compensation I am eligible for?
Indeed, the insurance companies involved in any type of motor vehicle accident in California are supposed to make sure the injured parties are fairly compensated for their medical bills, lost earnings, related financial damages, and pain and suffering. Too many people discover, however, that insurance companies do everything they can to settle for the lowest amount the claimant will take. That is to be expected. Most people don’t know the full value of their claim and how much they could and should be seeking in terms of financial damages. Legal advice is vital, especially when injuries are severe or catastrophic.
What are examples of causes of motor vehicle accidents that your clients have been involved in?
The number one cause of car and truck accidents is driver negligence. Specific examples of circumstances involving driver negligence include:
- Drunk driving
- Failure to signal turn
- Illegal passing or lane changes
- Reckless driving, speeding
- Texting and driving, other distractions behind the wheel
- Driving too slow for the posted speed
- Vehicle system defect, brake or steering failure
- Vehicle lights not operating properly or left unused
- Construction zone accidents
If another driver was distracted and caused the accident that injured me, how might that affect the outcome of my case?
When drivers are distracted on California’s streets and highways, they can be a danger to other drivers and even to bicyclists and pedestrians sharing the roads and crosswalks. This can result in damage to other vehicles, severe injuries, including neurological damage, and even the death of other drivers.
The tragic results of distracted driving accidents are largely avoidable. Common distractions that take drivers’ attention away from the road include:
- Texting or making a phone call
- Using smartphone applications
- Using a GPS navigation system or reading a map
- Adjusting the radio, CD or mp3 player
- Eating and drinking
- Rowdy or talkative passengers
- Watching videos
- Grooming activities like applying makeup or brushing hair
If you or a loved one has been injured in an accident, we will work to ensure that your accident is investigated fully to determine if other drivers were distracted at the time. This information will help us prepare a compelling personal injury claim for you and fight for the compensation you are due for medical bills, lost wages, and pain and suffering.
What if my accident was caused by vehicle defects?
Your accident may have been the result of a defective automobile component, such as faulty brakes or steering. In other cases, injuries may be caused or made worse because of a defective or dangerous auto part, such as a seat belt or air bag failure. We have experienced product liability litigation attorneys who are ready to aggressively pursue damages from all negligent parties in motor vehicle accident cases, including the auto manufacturer if evidence shows liability on their part.
What if my accident was caused by a drunk driver?
California has some of the strictest laws in the nation prohibiting intoxicated driving. When a DWI driver causes an accident, there are likely to be serious criminal charges, as well as civil liability. Persons injured or losing a family member in such an accident may sue for damages for medical expenses, lost earnings, and pain and suffering. In some cases, they may also be entitled to recover punitive damages.
We know from experience that the DUI driver’s insurance company will aggressively seek to avoid full financial liability, particularly if punitive damages are at stake. Relying on a network of independent experts when necessary, we will reconstruct the accident, determine the full extent of medical and financial damages, and aggressively pursue the full and fair damages you are entitled to.
Perhaps the drunk motorist who caused your crash was a truck driver. The trucking industry operates under a set of strict regulations regarding alcohol and narcotics use by truckers. For professional drivers starting a driving shift, no alcohol may be consumed within eight hours of getting behind the wheel. Certain prescription drugs are also banned by federal regulations. Any blood alcohol concentration (BAC) registering above .04% may result in DWI charges.
Our drunk driving accident attorneys in Encinitas are ready to vigorously protect your rights after you have suffered injury or lost a loved one in a DUI accident.
I was injured or my loved one lost their life in a hit-and-run accident. What hope is there for getting fair compensation in such a case?
Know your rights after a hit-and-run In California. It is considered a serious crime for at-fault drivers to leave the scene of a car accident without stopping to identify themselves. Despite this, victims of hit-and-run accidents are often left to handle the damage to their property or the cost of their injuries themselves. This can be a financially draining and stressful time, and without legal representation, the victims of these accidents could be left to shoulder all the expenses themselves.
At Padilla Law Group, LLP, our personal injury attorneys have extensive experience serving residents in North County and the adjacent communities who have been the victims of these motor vehicle collisions. Our successful record for winning trial verdicts and our dedication to creating favorable outcomes for our clients could be key to getting you the compensation you deserve after a hit-and-run accident. We will tenaciously defend your rights and treat you with the compassion you deserve.
Being the victim of a hit-and-run accident is taxing emotionally, physically and financially. If the driver behind the accident is found, then a claim will be filed against them and may involve a civil lawsuit or pursuing a claim against their insurance company. Unfortunately, if the driver cannot be found, you will need to file a claim with your own insurance.
Whether your property has been damaged in a hit-and-run, you have been injured or both, you might be entitled to compensation for:
- Property damage
- Medical bills from injuries
- Lost wages
- Pain and suffering
When you work with our team, you can rely on our attorneys to help you:
- Meet filing the deadlines
- Protect your right to compensation when working with an insurance company
- Do all that it can to locate the at-fault driver and seek relevant damages from the at-fault driver who was at fault
- Negotiate a fair settlement or take the case to trial if necessary
If the hit-and-run driver is not found, your own uninsured/underinsured motorist coverage may apply. We will work hard to ensure that you receive all compensation you qualify for.
I was injured or my family member was killed in a motorcycle accident. How will you handle this type of case?
Anytime a motorcyclist and possibly a passenger are involved in an accident with a heavier vehicle, catastrophic injury or death is a real possibility. All too often, bikers are seriously injured or killed on Southern California roads simply because the car or truck driver claimed they didn’t see the motorcycle. Our attorneys know the municipal and highway motorcycle traffic laws and legal issues necessary to present the strongest case for negotiating a full and fair settlement or winning in court, if your case proceeds to trial.
Our team of attorneys has years of experience serving accident victims and is ready to put that experience to work in your personal injury case.
I was injured or my loved one died in a pedestrian, bicycle or scooter accident. What do I need to know?
When navigating the roads and sidewalks of California, pedestrians, bicyclists and drivers operating scooters are often vulnerable to a variety of accidents. Because they are less protected than passengers of motor vehicles, the impact on victims of these accidents can be devastating. They often sustain more severe injuries, including brain injuries. If you or a loved one has been injured in such an accident, you may face a long road to recovery, but having an experienced attorney by your side can help.
What should I do after a pedestrian, bicycle or scooter accident?
In the aftermath of an accident, knowing what to do can be a challenge. Between your own injuries and any damage to your property, you might not be aware of the details that are important to your case in the long run.
Do not admit to fault or make any statements about the damage done by the accident. It can be tempting to say, “I’m fine,” when you’ve been injured, but this can undermine your attorney’s ability to recover compensation if injuries or damage become evident later.
File a police report immediately. Even if your injuries are not evident right away, having an account on record may be essential to recovering compensation later. Be sure that the officers record your account of the accident, and get their names and badge numbers along with the case number for future reference.
Collect relevant driver and witness contact information. Even if this information is included in the police report, having it on hand can help your case in the future.
Document the incident, and preserve evidence. If anything at the scene was damaged, take photographs of the damage, including skid marks, any vehicles involved and damage to your bicycle or scooter. Don’t fix damage to your vehicle or throw away your damaged clothing or helmet. Be sure to document any of your injuries. You should also write down everything you can recall about the incident and date these notes. All this information could help your personal injury case later.
Contact an attorney as soon as possible. In addition to helping you prepare evidence to get compensation, an attorney can help ensure that none of these details are overlooked. Our lawyers at Padilla Law Group, LLP, will help you navigate the legal challenges before you and work to get the medical care and financial support you need to recover after your accident.
What are the most common injuries for e-bike riders?
Injuries to e-bike rider are similar to injuries sustained by motorcyclists and bicyclists, including:
- Fractures to legs and arms
- Upper extremity injuries (more common with bicyclists and e-bike riders than motorcyclists who tend to have more lower extremity injuries)
- Fractured pelvis
- Spinal cord injuries
- Lacerations and facial abrasions
- Injuries to abdomen
Statistics on e-bike accidents in San Diego County
According to the U.S. Consumer Products Safety Commission, e-bikes, e-scooters and hoverboards resulted in 200,000 emergency room visits in the last four years. Additionally, there were at least 71 deaths related to these motorized conveyances between 2017 and 2020. The report also stated that e-bikes were the largest number of the injuries and fatalities. This is perhaps not surprising because e-bikes can travel upwards of 20 to 30 miles per hour.
The most recent accident data reported by the California Office of Traffic Safety (OTS) was from 2019. The OTS reported these statistics:
- Total fatalities and injuries in 2019 were 19,928.
- Motorcycle-involved accidents resulted in 1532 deaths and injuries.
- Bicycle-involved accidents resulted in 707 deaths and injured victims.
E-bike statistics were not separately reported.
My car or motorcycle was struck by a semi truck. How will you investigate my case, and what should I expect?
From our offices in Encinitas, Padilla Law Group, LLP, represents individuals injured (or who have lost a member of their family) in motor vehicle accidents involving semi trucks and commercial vehicles on Southern California roads.
Successful representation in semi-truck crashes requires an in-depth understanding of federal and state laws regulating the over-the-road (OTR) freight industry. The Federal Motor Carrier Safety Administration (FMCSA) regulates truck company owners and truck drivers with a significant number of rules governing:
- Truck driver drug and alcohol use and abuse
- Truck and trailer maintenance requirements
- Truck driver rest and sleep requirements
- Commercial driver’s license (CDL) training and testing
- Emergency stopping procedures
- Vehicle and truck driver records, log book entries
A semi-truck crash presents unique legal issues. Unlike car accidents, in which both drivers are typically insured by their own insurance companies, over-the-road (OTR) trucking companies may carry policy coverage or they may be self-insured for injury and wrongful death cases involving significant compensation. As you might expect, unscrupulous truck companies will do all they can to change or hide evidence, often going as far as having a local crash site investigator get to the scene within an hour of the accident. You deserve a skilled lawyer on your side, too. Securing the records and preserving the evidence require a prompt response, an aggressive approach and an understanding of the law.
When necessary, we work with a network of independent experts to prepare your case, including accident reconstruction specialists, medical experts and trucking industry professionals. You pay nothing if we do not help you recover compensation in a settlement or trial.
California is one of the leading states for truck accident deaths and injuries. Every year in Southern California, hundreds of motor vehicle accidents involve large trucks and commercial vans. Many are the direct result of violations of the FMCSA regulations. If you were injured or lost a loved one in an accident with any kind of commercial truck, call Padilla Law Group, LLP, to speak with one of our truck accident attorneys in Encinitas.
My accident was a crash with a vehicle driven by an Uber or Lyft driver. How will that affect my claim or lawsuit?
Rideshare companies like Uber and Lyft can be seen on streets across the San Diego metropolitan area, and they are most likely here to stay. Every year, increasing numbers of people use their services for quick, cheap transportation across town. Unfortunately, the lack of training and safety compliance results in an increasing number of negligent lawsuits each year, as more and more riders and people in other vehicles are injured in rideshare accidents.
Uber and Lyft have rider insurance coverage. California regulations regarding rideshare companies are strict. Uber, in particular, makes a big deal about its $1 million insurance policy covering drivers and passengers who suffer injuries (or file a wrongful death claim) because of a motor vehicle accident while riding in one of their cars. The company also includes uninsured/underinsured motorist coverage in the event the negligent driver causing the accident did not carry adequate insurance. Lyft also offers insurance coverage.
We will fight as necessary for your right to compensation after an Uber or Lyft accident. If you were injured in an accident while riding in an Uber or Lyft rideshare vehicle, you might think it would be easy to recover full and fair compensation. It very often isn’t. The insurer will aggressively seek to avoid paying any settlement. If they must pay, you can count on a low-ball offer that will not cover the true extent of your injuries. Securing a full and fair settlement requires fighting the rideshare companies, as well as their insurance companies. Hire a motor vehicle accident lawyer in Encinitas for maximum recovery.
How will you handle my case if I was injured on a bus, train or trolley or in a crash with one of these types of public transport vehicles?
When you board, ride or exit a public transportation vehicle, you expect California safety regulations to be followed. Too often, drivers and operators are untrained and, worse, uncaring. Every year, hundreds of accidents occur involving public transportation in the San Diego metropolitan area. When they do, people turn to Padilla Law Group, LLP, for help.
Our lawyers handle cases involving taxi crashes, metro transit bus injuries, train wrecks and trolley accidents. Our team has been helping injured parties obtain just compensation for their injuries in cases such as these for decades. We work with independent professionals, when necessary, and use our injury and wrongful death litigation experience to prepare the strongest case possible before negotiating a settlement or taking your case to trial. Our train and bus accident lawyers in Encinitas have helped numerous clients.
Backed by the highest levels of client service, we are committed to pursuing maximum financial damages for medical care, lost earnings, and pain and suffering.
Get Answers To Your Questions About A Car Accident
We offer free initial consultations at our law offices in Encinitas, as well as through video conferences. To schedule a conversation with an attorney at your earliest convenience, call us at 858-480-6182 or complete our online form for a prompt response.