Articles Posted in Auto Accidents

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After a motor vehicle crash in Escondido caused by a drunk driver or a drugged driver, is it a given that the intoxicated driver was at fault for the accident? In many (and even most) cases, the answer is yes, but sometimes complications can arise. Our Escondido car accident lawyers can explain.

Negligence and Alcohol or Drug Intoxication

Any motorist who drives under the influence of drugs or alcohol fails to behave as a reasonable driver would and is likely negligent. When a driver is negligent, they can be liable for any injuries in a crash they cause. In a DUI case in California, there are many ways you might be able to prove that the drunk or drugged driver was at fault, such as:

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Motor vehicle collisions in San Marcos and throughout San Diego County can be devastating, and even a relatively minor crash with limited injuries can prevent you from returning to work for weeks, months, or even longer. After a car accident caused by another motorist or another party, you may be wondering if you are eligible to file a car accident lawsuit against the party who is responsible for your personal injuries and property damage. In many instances, it is possible to file a lawsuit, but you may have additional options for seeking compensation, as well. One of our San Marcos car accident attorneys can explain in more detail.

You Do Not Need to Meet Any Threshold to File a Lawsuit

Some states are “no-fault” states for auto insurance purposes, which means that you would need to meet a financial or injury “threshold” in order to be eligible to file a lawsuit. We want to be clear that California is not a “no-fault” state, and you do not need to meet any threshold in order to file a lawsuit. If you can prove that another party was liable, you may be able to move forward immediately with a lawsuit.

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It is that time of the year again when clocks go forward, and residents of Oceanside and the rest of the state lose an hour of sleep. Although you might not associate a clock change with a rise in car accident rates, data shows that this is one of the most dangerous times of the year when it comes to serious and deadly traffic accidents. According to an article in Business Insider, daylight saving time “is literally killing us” because of the increase in injuries and deaths at this time of the year linked to losing just one hour of sleep. Our Oceanside car accident lawyers can say more about the dangers of daylight saving time, and we can also assist you with a claim if you are injured in a motor vehicle collision at this time of the year.

Car Accident Injuries and Other Death Rates Rise

As the article highlights, when we lose an hour of sleep due to daylight saving time, we are “prone to make more deadly mistakes on the road.” Indeed, “researchers estimate that car crashes in the US caused by sleepy daylight-saving drivers likely cost 30 extra people their lives over the nine-year period from 2002-2011.” Drivers are more tired when they have to commute to work in the dark, in addition to the fact that they are operating on less sleep. Even in the days and weeks following the changing of the clocks, most of us continue to experience an impact on our sleep schedules.

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If you get behind the wheel of a car in Escondido or elsewhere in Southern California, you should not have to worry that you will be at risk of getting hurt in a serious crash caused by a motorist who is texting while driving. Yet despite California’s ban on texting while driving, many motorists continue to engage in this dangerous practice, putting themselves and other vehicle occupants, pedestrians, and bicyclists on the road at risk of injury. According to a recent press release from the AAA Foundation for Traffic Safety, it can help to underscore the severe accident risks that come with texting while driving by thinking about this type of distracted driving as “intexticated” driving. Indeed, the press release urges motorists: “Don’t drive intexticated.” 

As you can see, AAA takes the idea of intoxicated driving — a behavior that everyone knows can often be deadly — and uses similar language to describe texting while driving. What do you need to know about intexticated driving and seeking compensation after a crash?

What is “Intexticated” Driving?

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Distracted driving crashes occur much too frequently in Encinitas and throughout Southern California. Whether a distracted driving collision happens at high speed on the I-5 or on a local road, the consequences can be devastating. In 2020 alone, the National Highway Traffic Safety Administration (NHTSA) reported that 3,142 people were killed in distracted driving accidents, and thousands more were injured. Drivers of any age can get distracted behind the wheel, and various types of distractions can cause wrecks. Distracted driving often involves the unlawful use of phones for talking or texting, but it can also involve any kind of distraction that takes the driver’s eyes off the road, hands away from the wheel, or mind away from the important task of focusing on the road. 

If you were injured in a distracted driving accident in Encinitas, what steps should you take? Our Encinitas car accident attorneys have tips that can help you with your case.

Call 911 to Report the Accident

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Motor vehicle accidents in Oceanside can be devastating under any circumstances, whether they result from another driver’s negligence or because of a hazardous condition on the roadway. When another party is responsible for a traffic collision that causes injuries, it is critical to work with a lawyer to find out about seeking compensation and to gather evidence to prove fault in the crash. Depending upon the cause of the collision, fault is easier to prove in some cases than in others. For example, in a car accident caused by a drunk driver, the police might have administered a breathalyzer test and arrested the drunk driver, and any accompanying police reports and records can make up the majority of a civil lawsuit against the drunk driver. 

However, fault can be more difficult to prove in other kinds of traffic collision cases. In particular, drowsy driving might seem as though it would be difficult to prove. What do you need to know about proving fault in a drowsy driving case?

Understanding Drowsy Driving in Southern California

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When drug-impaired drivers cause injuries in traffic collisions in San Marcos, it is essential to hold those drivers accountable and seek compensation. What do you need to know about drugged driving crashes in Southern California? The following are five important things to consider.

  1. Drug-Impaired Driving is Unlawful and a Motorist Can be Liable for Injuries

It is important to know that impaired driving does not just include alcohol-impaired driving. Drug-impaired driving is dangerous and unlawful in California, even if using the drug is otherwise legal if you are not behind the wheel of an automobile. 

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If you are regularly on the road in Oceanside or elsewhere in San Diego County, it is critical to be aware of the risks of distracted driving. Not only should you be taking precautions yourself to avoid getting distracted behind the wheel of your own car, but you should also be aware of the significant likelihood that another motorist on the road is engaged in distracted driving at any given moment. The National Highway Traffic Safety Administration (NHTSA) emphasizes that distracted driving collisions have increased significantly as more car and truck drivers have begun using smartphones, and more crashes have resulted from talking or texting while driving. 

A new study published in The Journal of Bone & Joint Surgery suggests that the distracted driving problem may be even bigger than previously suspected. Indeed, the authors of the study reported that more than 99 percent of motorists who have been involved in collisions admit to driving while distracted at least once in the last 12 months. 

Details of the Recent Distracted Driving Study

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Car accidents happen much too often in and around San Clemente, and these accidents can have many different causes. Often, motor vehicle collisions result from another driver’s negligence, and it may be possible to file a lawsuit against that negligent driver. At the same time, car accidents can have other causes, so it is important to work with a Southern California car accident attorney to determine liability. In some cases, you may be able to file a claim against multiple parties. Consider some of the following ways in which different parties can be responsible for injuries in traffic collisions.

Driver Whose Negligence Caused the Accident

Whenever a driver gets behind the wheel of a car or truck, that driver owes a duty of care to other motorists on the road. That driver must behave reasonably behind the wheel, and that driver can be liable for any accidents and injuries resulting from careless acts or omissions. Some of the most common sources of driver negligence include distracted driving, drunk or intoxicated driving, aggressive driving behaviors, failing to obey traffic rules, and fatigued driving.

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After an Oceanside car accident in which another motorist is at fault, you should be thinking about your options for filing a claim for financial compensation. For most injury victims in motor vehicle collisions, the first step in seeking compensation is filing an auto insurance claim. Auto insurance claims can be filed as first-party claims through an injured person’s own auto insurance policy, or as third-party claims through the at-fault motorist’s auto insurance policy. When an auto insurance claim does not result in sufficient compensation, an injured person will often move on to file a car accident lawsuit. However, in some cases, the defendant will attempt to reduce his or her liability by raising the issue of comparative fault. 

What is comparative fault, and how can it impact your payout in an Oceanside car accident claim?

Understanding Damages in a Car Accident and the Effect of Comparative Fault

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