Personal Injury

San Diego Car Accident Attorneys

Talk to a San Diego car accident attorney before you settle

Car accidents change lives in seconds. At Bender Kurlander Hernandez & Campbell, we understand the stress, pain, and financial uncertainty that follow — and we know how insurance companies operate. Adjusters are trained to settle fast and cheap, often before you know the full extent of your injuries. Once you sign a release, your case is closed forever — leaving you to pay out of pocket for any later treatment, surgery, or complication. That’s why the most important call you make after a crash is to a lawyer, not the insurer.

What to do after a car accident in California

In the first minutes after a crash: get to safety and call 911 if anyone is hurt, exchange information, photograph the scene, and get medical care even if you feel fine. Report the crash to your own insurer, but don’t give the other driver’s insurer a recorded statement — or accept any offer — before talking to a lawyer. Read the full step-by-step guide →

Who is liable — and what if I was partly at fault?

California uses pure comparative fault (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804): you can recover even if you were partly at fault, with your award reduced by your share. So a $100,000 claim where you’re found 20% at fault yields $80,000. Insurers exploit this by inflating your share of fault — which is exactly why independent investigation and expert reconstruction matter.

Liability may extend beyond the other driver — to an employer (if the driver was working), a vehicle or parts manufacturer, or a government entity for a dangerous road condition. Government claims run on a much shorter, two-step clock: you must present a written claim to the entity within 6 months (Gov. Code § 911.2), and if it’s rejected you then have a separate, short window — generally 6 months from a mailed rejection — to file suit (Gov. Code § 945.6). Miss either and the claim is barred.

The 2-year deadline — don’t wait

You generally have 2 years from the crash to file (Code of Civil Procedure § 335.1) — but evidence disappears fast: skid marks fade, cameras overwrite, and witnesses forget. The sooner we start, the stronger your case. Government-entity claims carry a much shorter 6-month deadline.

Dealing with the insurance company

Adjusters may seem friendly, but their job is to minimize your payout. Common tactics: a fast lowball offer, requests for a recorded statement, pushing you toward a preferred (cheaper) doctor, and delaying until you’re desperate. We handle all insurer communication so you don’t accidentally undercut your own claim, and we build the case — with medical, automotive, and economic experts — to establish the full, long-term value of your damages. It’s best not to discuss your case with anyone else, especially insurance representatives, before speaking with an attorney.

Damages you can recover

Medical expenses — past and future (surgery, therapy, medication, assistive care).
Lost wages and lost earning capacity.
Property damage to your vehicle.
Pain and suffering and emotional distress.
Loss of consortium for a spouse.
Wrongful death damages if a loved one was killed.

Common car accident injuries

Whiplash and neck or back injuries (see Back & Neck Injuries)
Traumatic brain injury and concussion (see Head & Brain Injuries)
Spinal cord injuries and herniated discs
Broken bones and joint injuries (shoulder, knee)
Internal injuries and organ damage
Lacerations, burns, and scarring
Emotional trauma and PTSD

Some injuries — especially soft-tissue and brain injuries — don’t show symptoms for days. Get checked out even if you feel “okay.” It protects your health and your claim.

Common causes of car accidents

Most crashes trace to a small set of driver failures:

Distracted driving — texting, navigation, eating (a leading cause statewide).
Speeding and unsafe lane changes — especially on I-5 and I-15.
Impaired driving — alcohol and drugs, disproportionately in head-on and late-night crashes.
Drowsy driving and running red lights or stop signs.
Tailgating — the classic cause of rear-end collisions.
Defective vehicle components — SUV rollovers, roof crush, defective airbags or seatbelts (product-liability cases we investigate with engineering experts).

Where San Diego car accidents happen

San Diego County’s freeway network concentrates serious collisions on a handful of corridors. We regularly handle crashes on:

I-5 — the county’s busiest freeway, from the border through downtown and the North County coast.
I-8 — the east-west spine through Mission Valley and out to El Cajon.
I-15 — high-speed inland commuter corridor through Mira Mesa, Escondido, and Temecula-bound traffic.
I-805, SR-163, SR-94, SR-52, and SR-78 — chronic congestion and merge points.
Surface-street hotspots in downtown, the Gaslamp, Pacific Beach, and near freeway on-ramps countywide.

In 2023, the California Office of Traffic Safety recorded 18,773 people killed or injured in traffic collisions in San Diego County — 4,861 of them within the City of San Diego.

Source: California Office of Traffic Safety, 2023 Crash Rankings — San Diego County and City of San Diego.

Why BKHC — 20+ years of California accident results

Our legal team works with automotive, medical, and economic experts to investigate claims and prove full recovery value, including complex product-liability cases such as SUV rollovers, roof crush, and defective airbags or seatbelts. We operate purely on contingency — we don’t get paid unless you get paid — and we answer questions quickly. Across our personal-injury and workers’-comp practices, our attorneys have recovered over $1 billion for clients. Read more about our Verdicts & Settlements.

FAQ

Frequently asked questions

I felt fine at the scene but started hurting days later — do I still have a claim?

Yes. Many crash injuries — especially whiplash, soft-tissue, and concussion — don’t show symptoms until hours or days later, once the adrenaline wears off. See a doctor as soon as symptoms appear and keep every record. Insurers may point to a delay in treatment, but a gap you can reasonably explain does not bar your claim — prompt care and early legal advice protect both your health and your case.

Do I need a police report to file a car accident claim?

It helps, but it isn’t strictly required. A police report is strong independent evidence of how the crash happened, so call police to the scene whenever you can. If no report was taken — common in crashes that seem minor at first — your claim can still proceed on other proof: scene photos, witness statements, medical records, and vehicle damage. We help gather and preserve all of it.

Should I accept the insurance company’s first offer?

Almost never. First offers are typically far below the claim’s true long-term value, and once you sign a release the case is closed permanently — you cannot reopen it for later medical bills or lost wages.

Will making a claim raise my insurance rates?

Filing a claim against the at-fault driver’s insurer generally should not raise your premiums — it’s their policy that pays. California also limits when an insurer can surcharge you for a crash you didn’t cause. If you need to use your own coverage (such as uninsured-motorist or medical-payments coverage), we can explain how it may affect your policy before you file.

Do I need a lawyer for a minor accident?

If injuries are truly minor and liability is clear, maybe not. But if you have any injury, disputed fault, or an aggressive insurer, a free consultation costs you nothing and helps protect your claim.

How much does a car accident lawyer cost?

Nothing up front. We work on a contingency fee and are paid a percentage only if we recover compensation for you — if we don’t win, you don’t owe a fee.

Quick answer

In California you generally have 2 years from the date of a car accident to file a personal-injury lawsuit (Code of Civil Procedure § 335.1). Don’t accept an insurer’s first offer — once you settle, the claim closes permanently and you can’t reopen it for future medical bills or lost wages. California follows pure comparative fault, so you can recover even if you were partly at fault, with your award reduced by your percentage. BKHC offers free consultations with no fee unless we recover compensation for you.

By BKHC Editorial · Updated July 2026