Auto accidents in the Monterey Bay region happen for the same handful of reasons every year: distracted drivers on Highway 1, speed and unsafe lane changes on Highway 101, impaired drivers on weekend nights, and inattentive motorists turning across traffic on East Alisal, North Main, Reservation Road, and the smaller streets of Monterey, Carmel, Pacific Grove, and Seaside. The injuries that result are often serious, and the recovery is rarely as simple as the insurance adjuster makes it sound.
California is a fault-based state for car accidents. The driver who caused the crash, and that driver's insurance carrier, are responsible for the injuries and losses that follow. In practice, however, that responsibility is contested at every step. The adjuster will ask for a recorded statement, request your medical records, and offer an early settlement that almost never reflects the true value of the case. The job of an experienced injury attorney is to slow that process down, document what actually happened, and put the case in a posture where the carrier has to pay fairly.
At Spiering Law we begin by reconstructing the collision. That can include the police report, photographs, dash cam or surveillance video, statements from independent witnesses, and, when needed, an accident reconstruction expert. We then build out the damages side of the case: the emergency care, follow-up treatment, physical therapy, future care, lost wages, lost earning capacity, and the human cost of an injury that changes how you live.
We negotiate with the carrier from a position of preparation. If they pay fairly, your case settles. If they do not, we are ready to file suit and try the case to a Monterey County jury. Most files resolve without trial, but they only resolve at full value when the other side knows the firm is willing to walk into a courtroom.
Throughout the case, James F. Spiering personally handles your file. You will have his direct line, your calls will be returned, and you will know what is happening with your case at every stage.
Who this is for
This page is for you if you were a driver, passenger, motorcyclist, bicyclist, or pedestrian injured in a crash anywhere in Monterey County or the surrounding region, or if you have lost a family member in a fatal collision. It also applies if your initial claim has stalled, if you have been offered a settlement that does not feel right, or if the at-fault driver was uninsured or underinsured.
What to do after a car accident
- Call 911 and get a police report. The official report is one of the most important documents in your case, and you generally cannot create it later.
- Get medical care, even if you feel like you can wait. Adrenaline hides injuries for hours or days, and a delay in treatment becomes the carrier's main argument later.
- Photograph everything you can, including the vehicles, the scene, any visible injuries, and the surrounding road conditions.
- Get the names and phone numbers of any independent witnesses. Their accounts often matter more than the parties' own statements.
- Notify your own insurance carrier of the accident, but do not give a recorded statement to the other driver's insurer before talking to an attorney.
- Call Spiering Law for a free consultation. We will tell you honestly whether you need a lawyer, and there is no obligation to retain the firm.
Key California legal concepts
Negligence
To recover, you generally must show that the other driver owed you a duty of reasonable care, breached it, and caused your injuries. In most car accidents this is straightforward, but how it is documented matters.
Pure comparative fault
California uses pure comparative negligence. If you are found partly at fault for a crash, your recovery is reduced by your percentage of fault, but you can still recover even if you were largely responsible.
Statute of limitations
In most California auto accident cases you have two years from the date of the crash to file a lawsuit. Claims against public entities can have much shorter deadlines, often only six months. Do not assume you have time.
Uninsured and underinsured motorist coverage
If the at-fault driver has no insurance, or not enough, your own UM or UIM coverage may pay your claim. These claims have their own rules and deadlines, and we handle them regularly.
Frequently Asked
Questions clients ask us most often
Free Consultation
If you were hurt, the call costs nothing. The answers may change everything.
Speak directly with our team about what happened. We will explain your options in plain language and let you decide what to do next. There is never a fee unless we recover money for you.