Recreational vehicles are taking southern California and San Diego by storm. Unfortunately, the increase in popularity of recreational vehicles has also led to an increase in the number of accidents. If you have been involved in a San Diego recreational vehicle accident you may be entitled to recover compensation for your injuries. Call Injury Trial Lawyers, APC to schedule a free consultation and learn more about getting the money you need to recover from your injuries.
Our San Diego recreational vehicle accident attorneys have more than 35 years of combined legal experience. During this time, we have handled thousands of personal injury matters, including recreational vehicle accident claims. We know that a recreational vehicle accident injury can be devastating, and we will fight to make sure that you are properly compensated by the at-fault party.
Recreational Vehicle Accidents in San Diego
Southern California is fortunate to have beautiful year-round weather, terrific parks and trails, and easy access to the Pacific Ocean. It is no surprise that San Diego residents and tourists enjoy using recreational vehicles to take in these spectacular elements. Sometimes, however, using these recreational vehicles can lead to serious and life-changing accidents. Our San Diego recreational vehicle accident attorneys have successfully handled recreational vehicle cases for injuries caused by:
- Boating accidents;
- ATV accidents;
- Four-wheeler accidents;
- Camper accidents;
- Motorbike accidents;
- Jet ski accidents; and
- WaveRunner accidents.
Causes of Recreational Vehicle Accidents
While these recreational vehicles can be fun to use, many actually pose a threat of danger and harm if they are not used properly. Commonly cited causes of San Diego recreational vehicle accidents include:
- Negligent operation;
- Reckless driving;
- Operating a recreational vehicle under the influence of drugs or alcohol;
- Operating a recreational vehicle without a license;
- Inadequate or improper training;
- Hazardous road or weather conditions; and
- Defective equipment.
Recreational Vehicle Accident Injuries
Recreational vehicles are generally not equipped with many safety features. When you operate a recreational vehicle that does not have seatbelts, airbags, or windows you put yourself at an increased risk of harm. Our San Diego recreational vehicle accident attorneys have helped accident victims recover compensation for injuries including:
- Broken bones and fractures;
- Cuts and lacerations;
- Hearing and vision loss;
- Traumatic brain injury;
- Burn injury;
- Spinal cord damage;
- Amputation; and
- Wrongful death.
Recreational Vehicle Accident Damages
Filing a personal injury claim after a recreational vehicle accident is a great way to recover much-needed compensation. In San Diego, recreational vehicle accident victims can request both economic and non-economic damages. The type of damages you are actually awarded will depend on the types of injuries and harms you have suffered.
Economic Damages for Recreational Vehicle Accident Injuries
Recreational vehicle accidents can inflict serious and life-threatening injuries. Many times, these injuries require extensive medical treatment and can force a victim to miss time at work. Economic damages can be awarded to compensate you for the financial losses an accident causes you to suffer. Commonly awarded economic damages include:
- Medical bills;
- Nursing care;
- Medical equipment;
- Lost wages; and
- Projected lost income due to a reduced earning capacity.
Non-Economic Damages for Recreational Vehicle Accident Injuries
Some injuries will not manifest physically and will not obvious to the naked eye. Recreational vehicle accidents can be very traumatic and cause you to suffer emotional, psychological, and social harms. These injuries do not necessarily cost you anything financially, but still negatively affect your life and livelihood. Non-economic damages can be awarded to compensate you for these hard-to-value injuries. Examples of non-economic damages include:
- Pain and suffering;
- Emotional distress;
- Loss of consortium;
- Loss of enjoyment of life;
- Disfigurement; and
- Physical pain.
Liability for Recreational Vehicle Accidents
Who can be held financially responsible for your recreational vehicle accident-related injuries? In California, the law says that anyone whose conduct or negligence contributes to your accident can be liable for your injuries. When you are injured in a San Diego recreational vehicle accident, the following parties could potentially be liable for your injuries:
- Recreational vehicle operators;
- Recreational vehicle passengers;
- Third-party motorists;
- Other recreational vehicle operators;
- Recreational vehicle manufacturers;
- San Diego County; and/or
- The City of San Diego.
What happens if more than one party is at-fault or if you are also partly to blame for your accident? In California, each liable party can be held responsible for a percentage of the damages you suffer. This also means that if you are partly responsible for your recreational vehicle accident there will be a limit to the damages you can recover. Each liable party will be held accountable to the degree that they caused the accident.
For example, let’s say you were injured in a jetski accident because a boat negligently cut you off in the waters. If that boating operator is determined to be 100% at fault for the accident, they would be responsible for 100% of the damages you suffer. However, if it is determined that the boating operator was 80% at fault and you were 20% at fault, they would only be responsible for 80% of your damages.
Time Limits on Recreational Vehicle Accident Claims
San Diego recreational vehicle accident victims have a limited amount of time to file a personal injury claim for damages. In most cases, you will have two years from the date of your recreational vehicle accident to request financial compensation from the at-fault party. If you do not file a claim before the statute of limitations expires you will not be able to recover the money you need.
There are limited exceptions to this rule. You may be able to extend the statute of limitations if:
- There is a reasonable delay in discovering an injury,
- You are a minor at the time of the accident, or
- The at-fault party is incarcerated or out of the state.
If you believe that the city of San Diego or San Diego County is responsible for your recreational vehicle accident injury you must follow a different set of procedural rules in order to recover compensation. Before you can name the government as a defendant in a civil claim you must first file an administrative claim with the government itself. This administrative claim must be filed within 6 months of your accident. If the government denies your administrative claim you can then proceed to file a civil claim for damages.
What To Do After a San Diego Recreational Vehicle Accident
Recreational vehicle accidents can be devastating for you and your family. During this stressful time you may not think about filing a personal injury claim for damages. However, it is important to know that the decisions you make and the things you do after your accident will affect any future claims you file. Here are a few suggestions to keep in mind when you are involved in a San Diego recreational vehicle accident.
Seek Medical Attention
Your first priority after your accident should be your health, safety, and wellbeing. See a doctor as soon as possible after your accident, even if you do not think that your injuries are serious. Getting a full medical evaluation will ensure that your injuries are treated and that any underlying issues are diagnosed. The medical report will help to establish that your injuries were caused by your accident.
Get an Accident Report
Accident reports are a great way to document the details of your case. Things like the weather, road conditions, and names of witnesses may be forgotten in the days, weeks, and months following your accident. A formal report can be very helpful when your attorney is investigating your case.
Refuse Lowball Settlement Offers
Insurance companies will be quick to offer you a small financial settlement for your injuries. While it may be nice to have money-in-hand so quickly after your accident, resist the urge to accept. Insurance companies do not have your best interest at heart and will do anything to minimize the damages you receive. These early offers will not be sufficient to cover the full extent and cost of your injuries.
Call a Lawyer
Hiring an attorney to handle your case will increase the chances of maximizing the award you receive. As attorneys, we know how to investigate your case and construct a persuasive legal argument to get you the money you need.
San Diego Recreational Vehicle Accident Attorneys
Have you or someone you know suffered an injury in a San Diego recreational vehicle accident? You may be entitled to recover compensation for your injuries. Call Injury Trial Lawyers, APC today to find out how we can help to get you the money you need and deserve after your recreational vehicle accident. This money can be invaluable as you struggle with extraordinary medical costs and excruciating physical pain.
You have a limited amount of time to act after your accident, so do not hesitate to contact us today. During your free consultation, we will review your case, determine potential liability, and answer any questions you have. We offer our legal services on a contingency fee basis, which means that we do not get paid until we win. This allows you to focus your time and resources on your own recovery, and not costly legal fees. We are here to help you during your time of need, so call our San Diego recreational vehicle accident attorneys today.