Auto Accident Attorneys: Maximize Compensation

Your First Call After a California Auto Accident

If a car or truck accident injures you or a loved one in California, Deldar Legal is ready to act now. For 20+ years, our Los Angeles and San Jose auto accident attorneys have helped injured motorists across California—from San Diego and the Inland Empire to the Bay Area—secure medical care, protect their claims, and pursue the maximum lawful compensation. Crashes move fast: adjusters call, vehicles need repair, medical bills arrive, and pain doesn’t wait. Our job is to lift that burden. We deal with the insurance companies, gather and preserve evidence, manage deadlines, and keep you informed—so you can focus on healing.

What you can expect on Day One

• Free 24/7 case review with immediate guidance on medical care and next steps.
• Property-damage help: rental car setup, repair estimates, and total-loss negotiation.
• Rapid evidence preservation: police/CHP reports, scene photos & video, EDR/black-box data, dashcam/surveillance, and witness statements.
• Clear communication about your rights, timelines, and strategy—no legal jargon.
• Medical lien & billing coordination to control costs and maximize your net recovery.
• Trial-ready advocacy from California personal injury trial attorneys when insurers won’t deal fairly.

We work on a contingency fee—no upfront costs and no attorneys’ fees unless there’s a recovery (rules apply). Our team is bilingual (English/Español) and can meet you at the hospital, your home, or virtually. Whether your case involves a rear-end collision, multi-vehicle pileup, hit-and-run, rideshare crash, or a serious tractor-trailer accident, our auto accident attorneys bring the experience, resources, and resolve to build your claim the right way.

Do I Have a Case?

The first question many accident victims ask is whether they have a case. In California, you may be eligible to pursue compensation if you were injured in an auto accident due to someone else’s negligence. However, you need to prove several legal elements to successfully win a personal injury claim.

Duty of Care

In every auto accident case, the first thing to determine is whether the responsible driver owed you a duty of care. In California, drivers are legally obligated to operate their vehicles in a way that does not put others at risk. This means following traffic laws, obeying speed limits, and driving responsibly at all times.

Breach of Duty

If the other driver violated this duty, such as running a red light, speeding, or driving while distracted, this could be a breach of duty. This breach is the key factor in establishing fault in the accident.

Causation

After establishing duty and breach, we must prove the breach caused the accident. In other words, the other driver’s actions must have directly led to your injuries.

Damages

Finally, you need to prove that you suffered damages because of the accident. These damages can be both economic (such as medical bills, lost wages, and property damage) and non-economic (such as pain and suffering, emotional distress, and loss of enjoyment of life).

California follows a pure comparative fault rule. This means you can still recover damages even if you were partially at fault in the accident. Your percentage of fault reduces your recovery.

Common Scenarios & Key Evidence

Common Auto Accident Scenarios:

• Rear-End Collisions: These accidents are often caused by distracted driving, tailgating, or failure to stop in time. In a rear-end accident, the driver of the trailing vehicle is usually at fault.
• Truck Accidents: Truck accidents often involve large commercial vehicles, which can be difficult to maneuver. Accidents can be caused by driver fatigue, overloaded trucks, or equipment failure.
• Hit-and-Run Accidents: When the responsible driver leaves the scene of the accident, it can be challenging to identify them. However, in some cases, we can still pursue compensation through uninsured motorist coverage or from witnesses.

Key Evidence in Auto and Truck Accidents:

• Police Reports: A police report is one of the most important pieces of evidence in any accident case. The police report gives an official record of the incident, naming those involved, capturing witness statements, and listing issued citations.
• Medical Records: These documents are essential for proving the extent of your injuries and the necessary treatment you received.
• Scene Photos & Dashcam Footage: Photos of the accident scene and dashcam footage can be invaluable. They help in proving fault and showing the severity of the accident.
• Witness Testimony: Eyewitness testimony can provide crucial details that support your version of the accident.

Category	Item	Key Point
Common Scenarios	Rear-End Collisions	Driver of trailing vehicle usually at fault (distraction, tailgating).
	Truck Accidents	Large vehicles; often due to driver fatigue, overloading, or equipment failure.
	Hit-and-Run Accidents	Driver leaves scene; pursue compensation via uninsured motorist or witnesses.
Key Evidence	Police Reports	Official record, identifies parties, witnesses, citations.
	Medical Records	Proves injury extent and necessary treatment.
	Scene Photos & Dashcam	Proves fault and accident severity.
	Witness Testimony	Provides crucial details supporting your account.

Damages You Can Claim

After an auto accident, you may be entitled to several types of damages, including:

Economic Damages:

• Medical Expenses: These include hospital bills, doctor visits, surgeries, prescription medications, physical therapy, and rehabilitation.
• Lost Wages: If your injuries caused you to miss work, you can seek compensation for lost income.
• Property Damage: You are entitled to compensation for the repair or replacement of your vehicle. This includes other personal property damaged in the accident.

Non-Economic Damages:

• Pain and Suffering: This includes compensation for physical pain, emotional distress, and any negative impact the accident has had on your quality of life.
• Loss of Enjoyment of Life: If your injuries prevent you from engaging in activities you once enjoyed, you may be entitled to compensation for this loss.

Future Care Costs:

If your injuries are long-term or permanent, you may require future medical care, rehabilitation, or home modifications. These future costs can be included in your claim for compensation.

Lien Handling in California:

In California, medical providers may place liens on your settlement or award to recover payment for services rendered. We handle these liens to ensure you aren’t overcharged and that your compensation is maximized.

California-Specific Law

Understanding California law is essential to building (and keeping) the value of an auto or truck accident claim. Below are the rules that most often affect your rights, deadlines, and recovery.

Statutes of Limitation (Filing Deadlines)

• Personal injury (most crashes): You generally have two years from the injury date to file a lawsuit in California civil court.
• Property damage only: Typically three years from the date of loss.
• Wrongful death: Generally two years from the date of death.
• Claims against public entities (city, county, state, transit, school district): You must first file a government claim—usually within six months of the incident—before you can sue. After a written rejection, a short window applies to file in court.
• Minors and some incapacitated victims: Special tolling rules can extend deadlines, but government-claim deadlines are often much shorter.
  Deadlines are unforgiving; if you miss them, the court can bar your claim. We calendar these immediately.

Comparative Fault (You Can Still Recover if You Share Blame)

California follows pure comparative negligence. If you’re partly at fault, you can still recover compensation—your award is reduced by your percentage of fault. Insurers often overstate a claimant’s fault to cut payouts; we counter with evidence (scene data, reconstruction, video, EDR/black-box downloads, witness statements).

Proposition 213 (Uninsured Driver Limitations)

If you were driving uninsured at the time of the crash, California law (often called Prop 213) can limit non-economic damages (e.g., pain and suffering) even when the other driver was at fault. Important exceptions may apply (e.g., permissive users, employer-provided coverage, certain DUI cases). We analyze insurance status early to preserve the full scope of damages whenever possible. (Source)

Joint & Several Liability (How Fault Affects Your Payout)

Under California’s “Prop 51,” defendants are jointly and severally liable for economic damages (medical bills, lost wages) but only severally liable for non-economic damages (pain and suffering). Practically, this makes coverage mapping critical: we identify all at-fault parties (drivers, employers, contractors) and all insurance layers (auto, commercial, excess/umbrella) to maximize recovery.

DUI and Punitive Damages

When a defendant’s conduct is egregious—such as drunk or drug-impaired driving—California law can allow punitive damages to punish and deter. These claims require specific proof; we gather toxicology records, criminal case outcomes, and witness testimony to support a punitive damages theory when appropriate.

Government & Roadway Liability

Crashes can stem from dangerous road conditions (sightline issues, missing signage, faulty signals, inadequate lighting, failed maintenance). Claims against public entities have special procedures and short deadlines and often require expert investigation into roadway design and maintenance standards. We send preservation letters immediately and retain qualified highway-safety experts when warranted.

Product Defects (Tires, Brakes, Airbags, Autonomy Systems)

If a vehicle or component defect contributed to the crash or the severity of injuries, California product-liability law may allow claims against manufacturers, distributors, or retailers. We secure the vehicle for inspection, preserve EDR data, and coordinate with automotive engineers to evaluate defect and causation.

Evidence & Reporting Requirements

• Collision reports: Police/CHP reports become key evidence; we obtain and review them quickly.
• Event Data Recorder (EDR) / Truck ECM: Modern vehicles and commercial trucks store critical pre-crash data (speed, braking, throttle, seat-belt usage). We act fast to preserve these records.
• Medical documentation: California damages require proof—diagnostics, specialist notes, therapy logs, and future-care opinions (life-care planning) support the value of your claim.
• Timely notifications: Certain insurance and DMV notifications may be required after an injury crash; we guide you so you don’t miss procedural steps that insurers can exploit.

Insurance Landscape (Brief, Practical Notes)

• Liability, UM/UIM, Med-Pay: Your own policy may include uninsured/underinsured motorist (UM/UIM) and medical payments (Med-Pay) coverage that can provide additional benefits. We examine all applicable policies, household policies, and employer policies for coverage you can lawfully access.
• Rideshare & commercial policies: Crashes involving Uber/Lyft, delivery vehicles, or company cars can trigger commercial limits and layered coverage; we tender to every applicable carrier and pursue excess policies where supported.

Seat Belt & Safety Rules (Defenses You Might Hear)

Defendants sometimes raise seat-belt or helmet defenses to reduce non-economic damages by arguing non-use increased the injury. We counter with biomechanical analysis, medical testimony, and crash data to separate speculation from evidence.

Medical Liens & Reimbursement (Protecting Your Net)

California recognizes health-care provider liens and reimbursement rights (private health plans, Medicare, Medi-Cal, VA). We negotiate lien reductions under applicable statutes and plan terms to increase your net recovery—the dollars you keep after costs and fees.

Where Your Case Is Heard (Venue & Local Practice)

The county where the crash occurred—or where defendants reside or do business—usually governs venue (e.g., Los Angeles Superior Court, Santa Clara County Superior Court). Local court rules and timelines affect how we pace discovery, motion practice, and trial settings. We try cases statewide and align strategy to local practice.

What We Do for You

At Deldar Legal, we provide comprehensive legal support. We assist you through every step of the process after an accident.

Insurance Negotiations:

We deal with insurance companies on your behalf to ensure you get the compensation you deserve. Insurance companies often try to settle for the lowest possible amount. We fight to ensure your claim is valued fairly.

Rental Car Assistance:

If your vehicle is damaged in the accident, we can help arrange for a rental car while your vehicle is being repaired.

Medical Coordination:

We help you get the medical care you need, including referrals to specialists, physical therapy, and medical treatment plans. We also help coordinate medical payments and lien handling.

Recent Case Results

• $500,000 Settlement for a client injured in a rear-end collision caused by a distracted driver.
• $1.2 Million Jury Verdict for a client who was severely injured in an auto accident caused by driver fatigue.
• $1.4 Million Jury Verdict for a client who suffered a head injury in a three car accident caused by a distracted driver.

These results are provided for informational purposes only and do not constitute a guarantee of a similar outcome in your case.

Testimonial

“I was hit by a truck and had no idea what to do. Deldar Legal helped me through the whole process, from handling insurance claims to getting me the treatment I needed. I can’t thank them enough for their professionalism and care.”
— Maria S., San Jose, CA

FAQ

Get the Legal Help You Need Today

If you’ve been injured in an auto accident in California, Deldar Legal is ready to fight for your rights. We offer free case reviews 24/7. Call or text us now for immediate assistance or fill out the contact form on our website.