Santa Barbara Auto Accident Lawyers

Skilled Legal Professionals Dedicated to Protecting Your Rights

In 2019, there were 3,316 fatal motor vehicle collisions in the state of California, resulting in 3,606 fatalities. Even one car wreck is too many for the victims of these accidents. A motor vehicle accident may result in victims suffering severe injuries that prevent them from returning to work or participating in the same activities they previously enjoyed.

Additionally, even with health insurance, many car accident victims are left to suddenly deal with expensive medical bills that may be challenging to pay. From Lompoc, Santa Barbara, and even Paso Robles, the attorneys at James McKiernan Lawyers help individuals all along the Central Coast injured in car accidents recover compensation for their injuries caused by negligent drivers or other responsible parties.

Our dedicated legal team recognizes that car accident victims need time to rest and recover without worrying about dealing with the insurance company.

If you or a loved one is injured in a car accident and it was not your fault, seek quality representation from the Santa Barbara auto accident lawyers at James McKiernan Lawyers. Our Santa Barbara law firm has extensive experience helping personal injury victims receive the fair treatment and justice they deserve. Contact our law offices today to schedule a free consultation so that we may professionally evaluate your case.

What are the Benefits of Hiring a Santa Barbara Car Accident Lawyer?

No one ever wants to believe that they will suffer serious injuries due to a car accident. However, depending on the severity of the car crash, many accident victims suffer injuries and damages that warrant compensation from the at-fault driver.

However, many Santa Barbara residents hesitate to hire car accident attorneys because they mistakenly believe they are too expensive. At James McKiernan Lawyers, our experienced legal professionals work on a contingency fee basis, meaning we collect no fees unless we win your case.

Some of the most significant benefits of hiring a Santa Barbara car accident lawyer include:

Professional evaluations: An attorney can professionally evaluate your case and determine what legal strategies will work best.
Determine liability: A personal injury lawyer can help determine confusing liability issues, especially if multiple vehicles were involved in the accident.
Gather evidence: A personal injury law firm has the resources to gather evidence that substantiates your claim.
Negotiate with the insurance company: Your personal injury attorney will act as a legal advocate between you and the insurance provider and will use their experience to help you obtain a fair settlement.
Take your case to trial: If the insurance company is unwilling to offer a fair settlement, a personal injury attorney can take the case to trial to help you obtain full compensation.

If you are still determining the benefits of hiring an attorney to assist you with filing a personal injury claim, contact our Santa Barbara law firm to schedule a free consultation. Our experienced team can help explain the legal process of filing a claim and how we can assist you.

What Are Some Common Causes of Auto Accidents?

Auto accidents can occur for many reasons, especially in our modern world, where many motorists are easily distracted. Our Santa Barbara auto accident lawyers are ready to explain some of the major and common causes of motor vehicle wrecks. These tips for the road may keep you safer next time you travel ― whether a short commute to work or a longer trip to visit family and friends. Keep an eye out for these unsafe drivers, and be sure to avoid these behaviors yourself:

Distracted drivers: Distracted driving behaviors are among the most common factors contributing to auto accidents. Some common examples include talking or texting on cell phones, eating, and using GPS or the vehicle’s entertainment system.
Driver fatigue: Drivers who operate motor vehicles without proper rest may fall asleep and drift in and out of lanes, sometimes resulting in rear-end collisions.
Driving under the influence: Approximately 1,000 people die each year in California motor vehicle accidents. If you suspect a driver is driving while under the influence, call 911 immediately.
Speeding: Driving at excessive speeds can cause drivers to lose control, resulting in dangerous collisions.
Aggressive driving: Aggressive driving or road rage often involves drivers quickly weaving in and out of traffic, changing lanes quickly, and making conditions dangerous on the roadways for other drivers.
Weather: Adverse weather conditions such as rain, smoke, or fog can make it challenging for motorists to navigate roadways.

What are the Most Frequently Reported Car Accident Injuries?

Car accidents can result in serious injuries that can have long-term consequences for victims and their families. Even a minor fender bender can result in motorists and their passengers suffering cuts, bruises, and painful whiplash.

Some of the most frequently reported car accident injuries in Santa Barbara County include:

Head, neck, and back injuries
Fractured or broken bones
Chest injuries
Burns
Internal injuries
Leg and knee injuries
Post-traumatic stress disorder (PTSD)
Wrongful death

However, just as with any motor vehicle accident, a car crash can easily result in victims suffering catastrophic injuries. Catastrophic injuries are those that leave accident victims permanently disabled or have a profound impact on their lives. In most cases, car accident victims who suffer catastrophic injuries require lifelong medical treatment and skilled nursing care. Catastrophic injuries include:

Spinal cord injuries
Traumatic brain injuries
Amputations
Organ loss
Severe burns

If you have experienced personal injuries caused by someone else’s negligence, you may be entitled to seek compensation for damages. Contact our law office to schedule a meeting with a Santa Barbara personal injury attorney who will gladly review your case.

What Kind of Financial Compensation Can I Recover in My Car Accident Case?

California’s personal injury law allows car accident victims to seek financial compensation for damages they have incurred. Economic and non-economic damages may be awarded to individuals who have been injured in car accidents.

Economic Damages

Economic damages, also called special damages, are awarded to reimburse injured victims for financial losses incurred due to injury. Commonly awarded economic damages may include:

Current and future medical bills, including compensation for medical treatment such as physical therapy or rehabilitation
Lost wages due to your inability to work
Loss of earning potential if you cannot return to the same type of work you did before being injured
Property damage to repair or replace your vehicle

Non Economic Damages

Non-economic damages or general damages may be awarded to injury victims to compensate them for non-financial losses. Non-economic damages are subjective and, if awarded based on the facts and circumstances involved in the accident, may include:

Pain and suffering
Loss of enjoyment of life
Emotional distress
Permanent disfigurement and scarring

To learn more about the damages you can recover in a financial settlement, contact our Santa Barbara personal injury lawyers to schedule a free consultation.

How Can Our Family Receive Compensation After Our Loved One Died in a Car Accident?

If you have tragically lost a loved one due to a car accident, you may be struggling to determine what steps you can take to hold the negligent driver accountable for their actions. California personal injury law allows families to file wrongful death lawsuits to try and recover compensation for the loss of their loved ones.

However, before a family can file a wrongful death claim, there are several things to keep in mind. First, to file a wrongful death claim, the decedent must have been eligible to file a personal injury claim had they not died from their injuries. Second, the individual filing the claim must be an eligible family member.

Eligible family members include a surviving spouse or domestic partner, child, or a dependent minor of the decedent. A dependent minor must have lived with the deceased for at least six months and received half of their support from them. If there are no eligible surviving family members, a wrongful death suit may be pursued by those who fall next in line through state intestacy laws, such as parents or siblings.

Per state law, only one family member is permitted to file a wrongful death claim. However, under California’s “one action” rule, all family members must share the compensation equally if compensation is awarded.

Families who file wrongful death suits may be able to recover compensation that covers funeral, burial, or cremation costs, medical expenses incurred by the deceased due to their fatal injuries, and lost wages. Families may also receive compensation for intangible losses such as loss of companionship, guidance, and emotional trauma.

What Happens if a Negligent Driver Does Not Have Enough Insurance Coverage to Pay for Damages?

California law requires all drivers to carry proof of financial responsibility should they be blamed for causing a car accident. Most people meet this requirement by carrying liability insurance to cover them in case of a crash. The minimum liability limits in the law are 15/30/5 (standard policy) – $15,000 for personal injury to one person, $30,000 for personal injury to more than one person, and $5,000 for property damage. If any serious injury has occurred, these minimum amounts may not be sufficient to cover the injured person’s medical expenses and other damages.

In particular, truck accidents frequently involve auto-versus-truck collisions that cause significant damage exceeding these minimum policy limits. Under state law, car accident victims have several options if the at-fault driver does not have enough insurance coverage to pay for damages.

One option is for an injury victim to turn to their own insurance company if they have underinsured motorist coverage. Underinsured motorist coverage pays accident victims for damages that exceed the other driver’s policy limits.

Another option is to file a personal injury lawsuit against the at-fault driver. However, depending on the at-fault driver’s financial circumstances, the injured party may find it challenging to collect damages.

Because of the nuances of the state’s insurance laws, you should never try to handle your car accident case without legal assistance. Our experienced car accident attorneys in Santa Barbara are familiar with all of the options available to maximize recoveries for victims of auto accidents.

Why Should a Car Accident Lawyer Always Deal With the Insurance Company?

Many accident victims make the mistake of dealing with the insurance company without legal representation. An insurance adjuster will often reach out quickly after an accident occurs as part of the claims process.

However, contrary to how insurance companies are portrayed through advertising, they do not have your best interests at heart. Instead, insurance providers are focused on protecting their profits and work hard to deny or reduce claims to avoid large payouts.

Therefore, allowing a car accident lawyer to deal with the insurance company is always wise. The insurance adjuster may contact you and ask you to consent to give a recorded statement detailing the accident. However, an insurer can legally use your statement against you to deny a claim.

Another method that insurance companies frequently use is to offer injured victims quick settlements. Insurers know that many accident victims cannot work and may face financial crises. Nevertheless, even though the prospect of receiving a fast settlement may seem appealing, it most likely does not account for long-term expenses such as ongoing medical care or pain and suffering.

To safeguard your legal rights and ensure you receive maximum compensation, you should always allow a qualified car accident lawyer to deal with the insurance company. One of the personal injury lawyers from James McKiernan Lawyers can review the proposed settlement to ensure it adequately meets your needs and holds the negligent party responsible for their actions.

Can a Personal Injury Attorney Help Me Recover Compensation Even if I Share Fault for a Car Accident?

A common concern for many car accident victims is whether they can recover compensation if they share fault for the collision. California insurance law follows a pure comparative negligence doctrine, meaning that any settlement they receive may be reduced by the percentage of fault they are assigned.

For example, suppose you were involved in a car accident, but an investigation determined that you were 30% at fault for causing it. If you were awarded a settlement of $100,000, you would take home $70,000. However, anyone found to be over 50% at fault for causing an accident will be barred from receiving compensation.

Many insurers try to use California’s complicated insurance laws to their advantage by finding ways to blame victims and significantly reduce or deny claims. For this reason, anyone injured in a car accident should always seek legal representation from an experienced attorney who understands the complexities of the state’s insurance laws.

James McKiernan, Lawyers of Santa Barbara, has a proven reputation for standing up for our client’s legal rights. When representing clients, we work diligently to build solid personal injury cases that withstand legal scrutiny. We are fearless when dealing with insurance companies and their legal teams and fight hard to obtain full and fair compensation for our clients.

To learn more about how we can assist you with your personal injury case, contact our Santa Barbara law offices to schedule a free initial consultation.

Why Should I Trust Your Santa Barbara Personal Injury Attorneys to Help Me Recover Compensation?

If you have been injured in a car accident in Santa Barbara, you may need clarification on what law firm is right for your legal needs. At James McKiernan Lawyers, our office has successfully taken on complex and challenging cases in Santa Barbara County that other lawyers thought could not be won. Our main objective is to ensure you receive fair treatment and maximum compensation for your injuries.

After you are involved in a car wreck and you receive medical attention for your injuries, take the next steps and contact an accident injury attorney to get the compensation you deserve. The dedicated staff at James McKiernan Lawyers work hard to determine who is at fault so that you can focus on recovering from injuries. When we agree to take your case, we immediately gather evidence, police and medical records, and witness testimony to substantiate your claim.

We will work with the insurance company to negotiate a settlement that not only provides for any medical care you may need but also for the trauma you have experienced.

If you were injured in a California car accident, call James McKiernan Lawyers at 805-476-4304 or contact us online for a free consultation with our Santa Barbara auto accident lawyers. A qualified personal injury lawyer will gladly meet with you to discuss the best options to receive compensation for your injuries.