California Auto Accident Lawyer

California Auto Accident Lawyer: In the wake of an auto accident in California, finding the right legal representation can significantly influence the outcome of your case.

This guide aims to provide comprehensive insights into selecting a California auto accident lawyer, ensuring you have the knowledge and resources to secure the best possible representation.

Understanding California Auto Accident Laws

California’s auto accident laws operate under a fault-based system, also known as a tort system. This means that the person who is found to be at fault for the accident is responsible for compensating the other party’s damages. It is crucial to understand how these laws affect your case and the importance of having a skilled lawyer to navigate these regulations.

Selecting the Right Auto Accident Lawyer

Choosing the right legal representation can significantly impact the outcome of your case. A proficient lawyer specializing in auto accidents in California should not only be knowledgeable about the state’s traffic laws but also have a proven track record of negotiating with insurance companies and, if necessary, bringing your case to court.

The Role of Your Auto Accident Lawyer

A qualified California Auto Accident Lawyer will perform a multitude of tasks on your behalf, including:

• Investigating the accident: Gathering evidence such as police reports, eyewitness statements, and camera footage to build a strong case.
• Handling insurance negotiations: Advocating on your behalf to ensure fair settlement offers from insurance companies.
• Filing legal paperwork: Ensuring all necessary documents are filed correctly and within statutory deadlines.
• Representing you in court: Providing expert representation in court if a fair settlement cannot be reached through negotiation.

5 Things You Should Do Following an Automobile Accident in California

If you were involved in a serious automobile accident, there are five things you should absolutely know. Making sure that these five areas are immediately addressed will ensure that your legal rights are protected and that you may be able to receive the compensation you are owed.

Obtain Contact Information. Make sure to always get the contact information and insurance card information from the other driver. Additionally, if there are any witnesses or other cars involved in the accident, make certain to obtain their contact information as well. Although the police officer at the scene of the accident should collect all of this information, if you are able to get this contact information yourself, you will be able to provide it to your attorney at Easton & Easton, LLP, right away so that we can begin working on your case.

Seek Immediate Medical Attention. Your health is paramount after a car accident. Even if you feel your injuries are minor, they may be more serious than you know. Accident victims typically have a surge of adrenaline which prevents the true extent of pain and injuries from being fully realized. Seeking immediate medical attention allows a physician or qualified medical professional to completely examine you and ensure that your medical injuries are appropriately treated. Additionally, seeking medical treatment allows you to pursue a claim for compensation regarding your injuries later.

Only Contact Your Insurance Company After Visiting with an Attorney. Never talk to an insurance company or provide any written or recorded statement to an insurance company without first talking with Easton & Easton, LLP, to ensure your legal rights are protected. Insurance companies oftentimes use manipulative tactics to attempt to settle for much less than a victim deserves. In some cases, insurance companies will attempt to obtain a complete history of all of your medical records to which they are not entitled. See more below regarding specifics on how to handle negotiations with an insurance company.

Create a Documentation Folder. Make sure to keep all of the documentation regarding the contact information of all parties to the accident, your medical bills, lost wages, pain and suffering, vehicle repairs and other information related to the accident in one folder to ensure that vital information does not get lost or misplaced. Creating a folder helps ensure that all significant documents related to your accident can be easily accessed by both you and your attorney.

Contact Easton & Easton. Call the experienced attorneys at Easton & Easton, LLP, as soon as possible so we can advise you on what to do next. We can help ensure that your legal rights are protected and help you build a strong personal injury case related to your automobile accident.

Types of Car Accidents in Orange County, CA

Car accidents can occur from simple acts of negligence such as following too closely and causing a rear-end accident, drinking and driving, distracted driving, speeding or failure to obey traffic laws. In other cases, manufacturing defects from complex automotive design flaws can potentially cause a vehicle to roll over when it should not or a roof to crush and injure the passengers. The most dangerous types of car accidents include the following:

• Rear-end Accident – Rear-end accidents are extremely common, however, they may cause severe damage to the spine, head and neck. Oftentimes, even relatively small “fender-benders” can result in serious injuries.
• Head-on Collision – These catastrophic accidents involve two vehicles likely traveling at a high rate of speed directly towards each other. These accidents cause 10% of all fatalities in car accidents.
• Rollover Accidents – Rollover accidents are also very serious. Some vehicles are simply more prone to rollovers than others, such as SUVs and top-heavy trucks.
• Side-Impact Collision – 20% of fatalities in car accidents are a result of side-impact collisions (T-bone). These accidents can happen anywhere including highways, small roads, intersections and parking lots.
• Off-Road Crash – More than 30% of deaths in car accidents are related to off-road crashes. These are accidents where a car leaves the roadway and usually crashes into an object such as a tree or telephone pole.

These are just a few examples of the most common types of vehicle accidents reported throughout Orange County each year. The determining factor as to whether you have grounds for legal recourse is if another party is directly responsible for causing your accident. If so, an experienced Orange County car accident lawyer can help you hold them accountable for causing your injuries and all associated economic and non-economic damages.

Common Auto Accident Injuries in OC

While every car accident is different, serious car accidents often result in catastrophic damages and injuries to victims. Some of the most common types of injuries suffered in serious car accidents may include the following:

• Broken or fractured bones. Some fractures will heal completely with time and appropriate medical treatment, but others cause long-term damage. Victims of severe bone fractures may require surgical correction, such as the placement of steel plates and/or pins. Over time, they may experience a host of adverse symptoms, including reduced mobility and chronic pain.
• Traumatic brain injuries (ranging from minor to life-threatening). Any brain injury has the potential to cause a wide range of damaging effects. These injuries are also unpredictable, and it is possible for new symptoms to appear or for current symptoms to worsen unexpectedly in the future. Many people who suffer brain injuries struggle with various long-term or permanent effects.
• Whiplash. This is a condition characterized by soft tissue damage to the head, neck, shoulders, and upper back. The victim may suffer from chronic severe headaches, experience reduced range of motion, and require surgical correction to repair the damage done from a severe case of whiplash.
• Aortic dissection (ruptured aorta from the heart). This is a life-threatening medical issue that can easily cause death if not treated immediately.
• Scarring and/or disfigurement. Some injuries from car accidents cause permanent scarring. This can cause not only diminished flexibility but also psychological harm to the victim.
• Spinal cord injury (resulting in either temporary or permanent paralysis). The spinal cord cannot repair itself the way the rest of the body can, so any injury is permanent. The location and severity of the injury dictate the extent of its effects. A complete injury will render the victim paralyzed in their body below the injury site.
• Amputations. High-speed accidents can result in tremendously damaging injuries. Amputation injuries can occur when a victim’s limb is crushed in an accident. These injuries are psychologically jarring and permanently alter the victim’s quality of life.
• Nerve damage. Damage to the body’s nerve structures may result in diminished or lost sensation, loss of fine motor control, and chronic pain. Most of these injuries are permanent, but some victims are able to improve their quality of life with time and rehabilitative care.
• Internal bleeding or internal organ damage. These injuries are very serious and require immediate medical attention. However, some internal injuries are not immediately noticeable. It is vital to seek medical care as soon as possible after any accident so a doctor can check for any internal injuries you may not have noticed yet.
• Post-traumatic stress disorder (PTSD). Any car accident can be a terrifying and traumatic experience. Many victims not only suffer physical injuries but also psychological harm from these incidents. PTSD is a complex psychological condition that can include symptoms of anxiety, depression, mood swings, insomnia, nightmares, and vivid flashbacks of the traumatic event.
• Death. When a victim dies from a fatal car accident, their surviving family may have grounds to file a wrongful death suit against the at-fault driver in place of the personal injury claim the victim could have filed if they had survived.

In many serious car accidents, victims suffer from what is known as polytrauma. Polytrauma is a combination of several injuries. Victims who suffer polytrauma may have life-long serious medical issues and conditions, or they may die due to their injuries.

Why Do I Need an Attorney After a Car Accident in California?

It’s not uncommon for drivers in Orange County, California to have accidents, even light fender benders, and assume they can easily resolve the situation with the other driver. Unfortunately, this is rarely the case. Most car accidents are more complicated than they seem at first. A seemingly simple accident can quickly escalate to a complex legal issue. An experienced Orange County, California car vehicle accident lawyer can help an injured driver make sense of their options following a crash, handle difficult insurance claims, and hold a negligent driver accountable for their actions through a personal injury lawsuit.

Injured drivers must also realize that if they need to take their case to court, managing a lawsuit without professional legal representation is a very bad idea. Missing a court filing deadline, making a mistake on necessary paperwork, or failing to provide necessary documentation in a court case could lead to the judge throwing the case out before it even reaches the trial phase.

Hiring a personal injury lawyer is an investment in peace of mind. An injured driver can focus on recovery from their injuries while their attorney builds their personal injury case, negotiates with insurance companies on their behalf, and ultimately guides them toward a higher recovery sum than they could have managed alone. The attorneys at Easton & Easton, LLP know how to explore the potential avenues of compensation open in a personal injury claim. We are not afraid of intense litigation should your car accident claim proceed to a trial.

“Every car accident injury or wrongful death case has a unique and compelling story behind it. We work hard to find a persuasive way to tell your story — which often results in a higher settlement or jury award.” Attorney Brian Easton

Proving Negligence in an Auto Accident Claim in CA

The root of any personal injury claim is based on the legal idea of negligence, when one party’s failure to act with reasonable care in a specific situation causes an accident. When it comes to auto accident claims, all drivers on California roads have a legal duty to drive safely, pay attention to their surroundings, and abide by posted traffic signals. When they fail to do so, they increase the chances of an accident happening and injuring themselves as well as other drivers.

To succeed with an auto accident injury claim, the plaintiff’s attorney must establish the four core components of negligence using the available evidence:

• The plaintiff’s attorney must first positively identify the defendant in the claim and prove that the defendant owed the plaintiff a duty of care.
• Next, the plaintiff’s attorney must provide evidence of the defendant’s breach of this duty of care. This could mean proving that the defendant was distracted or under the influence of drugs or alcohol, or that the defendant committed a moving violation that caused the accident in question.
• Third, the plaintiff must provide evidence that shows the full extent of the damages resulting from negligence. This means providing proof of medical expenses, property damage, and pain and suffering resulting from the accident. If the accident caused the plaintiff to miss work, then the plaintiff should also provide documentation that shows the extent of their lost income resulting from the crash.
• Finally, the plaintiff’s attorney must establish causation between the defendant’s negligence and the plaintiff’s claimed damages. This means the plaintiff’s attorney must prove the claimed damages are the direct results of the defendant’s negligence and not some other cause.

If a plaintiff’s personal injury attorney can prove these four elements of negligence in court, it is very likely the plaintiff will win their case. However, it is important for any potential plaintiff to remember California follows a pure comparative negligence statute. This means a plaintiff may lose a portion of their case award equal to their degree of fault for causing an accident. If the plaintiff bears any measure of fault for causing an accident, the plaintiff can still recover damages less an amount that reflects their fault. Unlike most states that follow modified comparative negligence statutes and bar plaintiff recovery at 50% or more fault, California has no such limitation.

Under the pure comparative fault statute, the plaintiff’s fault percentage is deducted from their final case award, and they keep the remainder. A fault of 10% amounts to losing 10% of the total compensation claimed from the defendant, a 50% fault would mean losing 50%, and so on. Because there is no fault threshold that bars plaintiff recovery under the pure comparative fault rule, it is possible for the plaintiff to be more at fault than the defendant and still recover damages.

If you have concerns about bearing partial liability, or if the defendant in your case has denied fault and claims you caused the accident, your Orange County car accident lawyer is your most effective asset for addressing such problems. It’s vital to fight to keep any fault percentage assigned to you as low as possible, as your shared liability can impact your recovery from both an auto insurance claim and a personal injury claim.

Accidents From Intentional Misconduct

While most of the vehicle accidents reported throughout Orange County each year happen because of negligence, these incidents also commonly occur because of intentional misconduct behind the wheel. The most common example of this is drunk driving. It is illegal for anyone to operate a vehicle under the influence of drugs or alcohol, but driving under the influence (DUI) continues to be one of the most commonly prosecuted offenses in the state and a leading cause of accidents.

When a driver has broken the law in injuring you, they not only face liability for the damages they inflicted but also criminal prosecution. Additionally, penalties for breaking the law can escalate dramatically when a defendant has caused great bodily harm or death. They may also face an increased liability for the victim’s damages in the form of restitution and/or punitive damages.

If you were injured in a drunk driving accident, it is imperative that you consult an experienced Orange County car accident lawyer as soon as possible. They can assist you in obtaining a police report, toxicology report, and other critical evidence you will need for your civil suit against the at-fault driver. They can also explain the potential implications of the criminal case against the drunk driver for your recovery efforts.

Dealing with Insurance After an Auto Accident in Orange County, California

Every California driver must maintain a personal auto insurance policy that provides coverage in the event of a collision. California follows a fault-based statute for insurance claims following auto accidents. An injured driver has the right to file a claim against an at-fault driver’s auto insurance policy to pursue compensation for their damages. For smaller accidents, it is very possible for an at-fault driver’s insurance to cover the full cost of the injured driver’s damages, but it is vital for injured drivers to remember that they not only face the limits of an at-fault driver’s coverage but also that insurance companies are rarely agreeable when it comes to paying out claims.

It is very important for an injured driver to contact a personal injury attorney prior to negotiating with insurance companies. An experienced Orange County car accident lawyer can help get an insurance claim off to a strong start by filing a claim on behalf of a client. When an insurance claim adjuster notices that a claimant has legal representation, they will be far less likely to push back against the claim. The right attorney can make a significant difference in the outcome of negotiations with an insurance carrier.

Another issue that might arise pertaining to insurance is the possibility that the at-fault driver does not have enough auto insurance coverage to fully cover the cost of the injured driver’s damages, or the at-fault driver may not have auto insurance at all. In these situations, an injured driver may refer to their own personal auto insurance policy if it includes underinsured/uninsured motorist coverage, and California law affords an injured driver the right to file a personal injury claim for damages if an insurance claim will not cover their losses.

How Car Accident Photographs Can Help Your Personal Injury Case

There are certain pieces of critical evidence that can always add value and help strengthen a personal injury case related to a car accident. One of those pieces of evidence is accident photographs taken immediately following the accident. They say that a picture is worth a thousand words and it is absolutely the case in this circumstance. These photographs can greatly increase your credibility regarding your side of the story and can provide absolutely proof of property damage or injuries.

If you can take photographs of your injuries, and it is safe for you to do so, you should consider this as well. Attempt to take photographs of anything and everything, including skid marks, damaged vehicle parts, traffic signs or lights, the weather conditions, chipped paint, broken windows, and an overall view of the entire accident scene. Insurance companies tend to relent on calling victims untruthful when there is photographic evidence to back their claims up.

Using Witness Statements to Build a Strong Personal Injury Case

Along with photographic evidence, neutral third-party witnesses can be vital to proving your case. These witnesses have no monetary interest in your case, and if they will corroborate your testimony regarding how the accident occurred, it can result in strong evidence for your personal injury case. Always remember to obtain all the witness contact information at the scene of the accident if you are physically able to do so. If you are unable to do so, do not worry, it is very likely that the police report will have a listing of all witnesses to the accident.

How Your Documentation Can Assist Your Attorney to Build a Strong Case on Your Behalf

Did you ever write in a journal or diary when you were younger? Looking back, you will notice that the notes you wrote down bring up powerful memories that you had long forgotten. The same is true of a car accident case. Everyone always thinks that they will remember all the details, but car accidents are chaotic scenes and with medical appointments, insurance companies, loss of work, and more, many people forget the details in the upheaval of their lives following an accident.

Make sure to create a diary and write in it every day regarding your pain and suffering levels, doctors’ appointments, activities you were unable to do due to your injuries, your inability to return to work, and anything else that relates to your daily life after a car accident.

Also, in the same documentation file, keep all your vehicle repair bills, towing costs, medical bills, diagnostic imaging tests, medical appointments, physical therapy appointments, evidence of lost wages, and any other documentation that relates to your car accident. Having all of this information in one central location will help your attorney ensure that you receive compensation for all of your injuries and damages.

Types of Car Accident Compensation in California

If you suffered damages related to a car accident, you may be wondering what types of compensation you may be able to receive. The following are some types of compensation that are commonly awarded to victims of car accidents who suffered injuries through no fault of their own.

• Medical Expenses – You may be able to claim all doctors’ visits, diagnostic tests, emergency room visits, surgeries, ambulance costs, physical therapy, occupational therapy, prescription medications, medical devices including wheelchairs, handrails, walkers and more.
• Lost Wages and the Loss of Future Wages – You likely missed a great deal of work due to your injury, therefore, you can claim not only your lost wages, but if you are determined to be disabled or unable to return to work, you may be able to claim the loss of future wages as well.
• Property Damage – Any damage to your vehicle, repair costs, towing costs, or the replacement of your vehicle, along with any property damaged inside of the vehicle, can be claimed in your personal injury lawsuit.
• Pain and Suffering – Your daily journal will help document your pain and suffering levels as well as the activities you are no longer able to perform independently. These non-economic damages are legally complex to calculate, and the attorneys at Easton & Easton can help ensure you receive the compensation for pain and suffering that you deserve.
• Punitive Damages – In some cases, the behavior of the other driver was so grossly reckless, negligent or egregious that the court will award punitive damages in an attempt to not only punish the wrongdoer, but to also dissuade others from taking such horrible actions in the future.

The victim of a car accident in Orange County may have grounds to claim much more compensation than they initially expected. If you are unsure of the full scope of damages you can seek with your claim, it is important that you contact an Orange County car accident lawyer as soon as possible. The more time your attorney has to work on your case, the easier it will be for them to identify every avenue of compensation available to you.

Our Trial Lawyers Have A Proven Record of Success

We recently settled a wrongful death case for $2.75 million. The decedent was 55 years old with no wife or children, just two surviving parents in their 80’s. Normally a jury, and therefore a defendant, would not pay more than $500,000 to 80-year-old parents for the death of their 55-year-old son where they suffered no economic losses as a result of their son’s passing. But because we were able to demonstrate the unique bond these parents shared with their son by persuasively telling their story, we were able to significantly increase the value of the negotiated settlement. The insurance company knew that taking the elderly couple’s case before a jury could result in a substantially higher verdict based on our preparation. Consequently, we were able to settle the case for an amount far in excess of our clients’ wildest dreams without them having to go through the pain and ordeal of a lengthy trial
We practice only on the side of the injured party and we NEVER represent insurance companies.

Free Office Consultation · Contingency Fees · Se Habla Español

Our office hours are 9 a.m. to 5 p.m. Evening and weekend appointments are available by special arrangement. We can also arrange to travel to your home, hospital room or other convenient location to meet with you and your family. If you hire us, we will handle your claim on a contingency-fee basis. We don’t win unless you win.

$2.75 Million Wrongful Death Settlement

We recently settled a wrongful death case for $2.75 million, where the decedent was 55 years old with no wife or children, just two surviving parents in their 80’s. The defendants’ insurance carrier initially expected to pay no more than $250,000 to settle the case of these 80-year-old parents who had no economic losses as a result of their son’s death. But because we demonstrated the unique bond these parents shared with their son by persuasively telling their family story, we were able to significantly increase the value of their case. After seeing how we would present this elderly couple’s case before a jury, the insurance company knew that taking the matter to trial could result in a substantially higher verdict based on our advocacy. Consequently, we were able to settle the case for an amount far in excess of our clients’ wildest dreams without them having to go through the pain and ordeal of a lengthy trial.

Contact an Experienced Orange County, CA Auto Injury Attorney

Don’t let the negligent party injure you financially too. You owe it to yourself to schedule a free consultation to learn more about your rights. Call us at 800-461-8259 or use our convenient email contact form to inform us of your circumstances.

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Martindale-Hubbell certification procedures, standards, and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and general ethical standards.

FAQs About Orange County, California Auto Accident Laws

Car accidents are a stressful occurrence, both physically and mentally. Victims are uncertain about the first steps to take following their accident. Some of the most frequently asked questions about car accidents in Orange County, CA are answered below.

What Should I do Immediately Following a Car Accident?

Your first course of action should be to ensure your health and wellness. Contact the police and make sure not to move if you feel you are injured. Accept any help from the EMTs at the scene or go to the emergency room. If it is possible, try to get pictures of the accident scene. After an accident, refrain from talking to an insurance company without first contacting an experienced attorney to ensure your legal rights are protected.

What Should I do if an Insurance Company Calls Me?

In most cases, the at-fault individual’s insurance provider is trying to get you to agree to a settlement far lower than you deserve. They will often use your words against you, attempt to record your conversations, or obtain a full medical history in an attempt to offer you a low settlement for your injuries and losses. An experienced attorney will be able to negotiate on your behalf and ensure you receive the compensation you deserve.

What Should I do About My Car?

You have the legal right to have your car fixed at any repair center you trust. You also have the option to receive the fair market value for your car if you believe it is too expensive to have repaired. Do not continue to drive your car until it has been properly inspected by a professional auto mechanic.

What if the Accident Was Partly My Fault?

The State of California follows a pure comparative negligence standard. Therefore, if you are partially at fault, you can still recover compensation and damages for the part of the accident that was not your fault. For example, if the jury determines that you were 80% at fault, you would still be allowed to recover 20% of the compensation you deserve. Never let the fact that you may be partially responsible for an accident deter you from seeking the compensation for your injuries and losses you deserve.

What Kind of Compensation Can I Receive in a Personal Injury Case Related to a Car Accident?

Every car accident is different; however, you may be able to receive compensation for any medical bills, lost wages, property damage, loss of future earnings, emotional distress or mental anguish, and loss of enjoyment of life. In some cases, if the accident involved particularly reckless or egregious behavior, you may be able to also obtain punitive damages. Punitive damages are intended to punish the wrongdoer and send a strong message that this type of action is not acceptable.

Is There a Time Limit to File My Case?

Under California law, you only have two years to file a claim to attempt to receive compensation for your car accident injuries and losses. While this may seem like a long time, conducting an independent investigation, hiring expert witnesses, and developing a strong case can take a great deal of time, and it is always best to get started as soon as possible.

Why Should I Contact a Car Accident Attorney?

The personal injury lawyers with Easton & Easton are car accident experts, and can help ensure that you receive the compensation you deserve. We will negotiate with insurance companies on your behalf and build a strong personal injury case so that you can receive the full compensation that you’re entitled to. Contact our experienced Orange County car accident lawyers at 714-902-2218 or online today to discuss how our legal team can help you determine your next steps towards a fair settlement.

From our offices in the South Coast Metro Area of Orange County, our attorneys represent victims of negligence in Orange County and communities in nearby Los Angeles County, Riverside County, San Bernardino County and San Diego County and on Pacific Coast Highway. Call us toll free at 800-461-8259 or contact our offices by email to arrange a free case evaluation with one of our Orange County car accident attorneys today. We handle all car accident injury and wrongful death cases on a contingency-fee basis.

Doug Easton, the founder of The Easton Law Firm, has been featured by the Los Angeles Times as one of Southern California’s Best Lawyers and has been repeatedly honored as a Southern California Super Lawyer. For more than 25 years, Doug Easton has earned Martindale-Hubbell’s highest AV Preeminent* peer review rating for ethical standards and legal ability. His sons followed in his footsteps many years ago, and together our family of lawyers has earned great respect and name-recognition among our peers in the legal community in Southern California.