Vivian Torres Foldenauer Law Group
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Roadway accidents are the leading cause of personal injury cases in the nation. The number of accidents in San Diego caused by drunk drivers, inattentive drivers, and distracted drivers using cell phones to dial and text is alarming. As technological advances continue, it is expected that we will continue to see an increase in traffic accidents.
Distracted driving is increasing among both our teenaged and adult driver populations. Distracted drivers now multi-task on the roadway, dialing phone numbers, sending and reading text messages, reading maps, and GPS devices. Drivers operating cars while under the influence of alcohol or drugs is not the only worry for motorists.

What Should You Do After an Auto Accident?

The two most important issues that arise from an auto accident are first medical, and second legal.

Medical Treatment

Obtain prompt medical attention for all injured parties, including yourself. If the injuries require emergency care, call an ambulance for transport to a hospital. If not, visit an urgent care center or arrange to be seen by your regular doctor as soon as you leave the accident scene. Follow medical advice including obtaining diagnostic testing (ex-rays, MRI, CT Scans, etc.) and attend all follow up appointments, physical therapy, chiropractic, etc.)

Document the How the Accident Occurred and Gather Evidence

  • Call the police and file an auto accident report. Filing a police report will document the facts of the accident and help determine who was at fault.
  • Gather information at the accident scene. Anyone involved in a car accident is required by law to exchange contact and insurance information. If you are able, you should take photos of the damage to the vehicles (perhaps with a cell phone camera) and obtain the names and telephone numbers of any witnesses.
  • Do not give statements to the insurance companies’ representatives about the car accident, without first contacting a competent accident lawyer. The information you give the insurance companies can be detrimental to your case later on.

Seek Quality Legal Representation

The choice of attorney that you make after an auto accident will have more impact on the success and outcome of your case than any other single factor. If an auto accident causes severe injuries to you or to a loved one, you should contact a well-established and reputable injury law firm immediately after seeking medical care. Even if the injuries do not appear to be too severe at first, you should consult a capable accident attorney. Some auto accident injuries – often serious ones – may not be apparent right away, especially when the body has been traumatized, so be sure you are examined by a medical care provider without delay.

Fault for Auto Accidents

Usually, auto accidents occur because a driver has been negligent, meaning that he or she has operated a vehicle in a careless and unsafe manner. A driver must exercise “reasonable care” while behind the wheel and may be deemed negligent for violating speed limits, ignoring traffic signals, or being preoccupied by distracting activities like eating or talking on a cell phone while driving.

The burden of proving negligence, however, is on the injured party. It falls on the victim to show that the driver who caused the car accident was negligent and that the accident caused injuries deserving of compensation.

An experienced and reputable accident lawyer will skillfully navigate an injured person’s claims through the complexities of the court system, pinpointing the legal bases for the claims and quantifying the damages to which the injured individual is entitled.

Additional Sources of Compensation for Car Accident Injuries

A skilled accident attorney knows that there are numerous sources for recovery and compensation after an accident. It is in your best interests to hire a law firm that will do more than just file a claim with an insurance company on your behalf, especially because the available insurance policy may turn out to have insufficient limits to fully cover your damages.

A resourceful accident lawyer will investigate all sources of compensation and pursue all avenues of recovery for injured claimants. You and the passengers in your vehicle may have claims against additional parties who bear responsibility for the car accident.

For example:

  • All owners of a vehicle may be liable for the negligent conduct of the driver.
  • Employers may bear responsibility for auto accidents caused by their employees while on the job.
  • Government agencies may share in the fault for the auto accident. Cities, counties, and even the state may have failed to design, construct, and maintain safe roads or implement proper traffic controls.
  • Auto manufacturers may face separate liability for negligent design or defective manufacture of a vehicle (or a component part) for injuries arising from a car accident. Injuries may be caused, for example, from seatbelt malfunctions, air bag failures, or tire defects. Design and manufacturing problems are myriad and include structural instabilities leading to vehicle rollovers, gas tank explosions and fuel-fed fires, and avoidable roof crush.


If you or someone you know has suffered a serious injury in an automobile accident as a result of another’s negligence or wrongdoing, or a family member has suffered an accidental death, please call us today at (619) 564-8877. We will provide a free in-person consultation, listen to all of your questions and concerns, assist in obtaining needed medical treatment and care, and develop a winning strategy to maximize recovery and compensation. There are no up-front fees or costs. We do not charge until we win your case. We look forward to earning your trust and the honor of being your attorneys.

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