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Jillian F. Hayes

Personal Injury Lawyer

About Jillian F. Hayes

James F. Hayes

Personal Injury Lawyer

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Jillian F. Hayes

Specializing in serious personal injury and sexual assault litigation, Jillian F. Hayes is a top trial attorney in San Diego. Before practicing plaintiff’s personal injury, she focused her practice on insurance defense and now uses the knowledge she gained working closely with insurance adjusters to help injured victims. In 2015, Jillian joined the prestigious San Diego based law firm Casey Gerry Schenk Francavilla Blatt and Penfield, LLP and quickly developed a reputation as a tenacious and bold attorney determined to get the best results for her clients.

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San Diego Auto Accident Attorney

According to statistics, the average driver will be in three or four car accidents throughout his or her lifetime. Nearly one-third of all crashes in the United States result in at least one injury or death. As a result, the odds predict that every driver will be engaged in a collision at some point. It's also feasible that a driver will be hurt in such a collision. Most people do not plan for an accident like this. So to best protect yourself, you will need to contact a skilled auto accident attorney San Diego to guide you through the process. So how can an auto accident attorney San Diego help you?

Understanding California State Law

An experienced auto accident attorney San Diego will be able to instantly point you in the right direction. For example, the first thing your auto accident attorney San Diego will tell you is that the state of California is an at-fault car accident state. At-fault laws hold responsible parties accountable for their actions, but they can also add to the complexity of proceedings. To collect compensation for their injuries and losses when accident fault is challenged, aggrieved parties must prove that the defendant caused the accident. This is where an auto accident attorney San Diego can help you.

Proving Fault

In general, the plaintiff must show that the defendant’s negligent conduct caused the car accident to prove responsibility in a car accident claim. Your auto accident attorney San Diego will check to make sure the following four conditions are met to establish negligence:

Care Duty – A duty of care was owed to the defendant. With car accident cases, proving that the plaintiff has a duty of care is usually straightforward because all drivers have a responsibility to operate their vehicles safely and in accordance with California driving rules.

Breach of Care – The defendant’s duty of care was violated. Plaintiffs and their auto accident attorney San Diego present evidence that the defendant failed to uphold that duty of care. The plaintiff’s testimony, witness testimonies, photographs, video, police records, and anything else that indicates the defendant’s violation of duty may all be admissible as evidence.

Personal Injury – The plaintiff had been hurt. Plaintiffs present evidence to show that they were injured and suffered damages as a result of the accident. Medical bills, photographs, medical reports, and other paperwork are common types of injury-proof.

Causation – The plaintiff was injured as a result of the defendant’s breach of duty. It is insufficient to demonstrate that the defendant was negligent and that the plaintiff was hurt. To prove your case against the defendant, you must show that your injuries were caused by the defendant’s negligence. In other words, you would not have been wounded if the defendant had not been careless.

Once this has been established, your auto accident attorney San Diego can move forward with your case. And fortunately for you, state laws are favorable to victims (even if you are partially at fault). Plaintiffs who have been injured are entitled to compensation if they can establish that the defendant was even slightly at fault for the accident. At trial, the judge or jury assigns a percentage of fault to each party.

Types of Accidents

DUIs
Rideshares
Large Commercial Vehicles
Pedestrian/Bicyclist
Single-Vehicle
Distracted Driving
Teenage Driver

Establishing Liability

One or more parties may be to blame for your accident, and ensuring that the correct parties are held accountable is an important element of obtaining compensation for your injuries. Your auto accident attorney San Diego will conduct an investigation into your accident to identify who is to blame. The following are some of the parties who could be held accountable:

One of the Drivers
Third-party Person
Government Entities
Your Insurance Company

So if you have recently experienced an auto accident, you should reach out to an auto accident attorney San Diego as soon as possible. The faster you can get the process started, the sooner you will be able to obtain the compensation you need to keep your life going until you can get back to work.

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Disclaimer: The information on this website is for general information purposes only and does not create an attorney-client relationship. No information on this site should be taken as legal advice for any individual case or situation. Contact Hayes Law, APC at (858) 737-3311 if you would like to discuss your legal matter with a member of the firm.

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