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An experienced Santa Ana car accident lawyer from Attorney Jeff Car Accident Lawyer can manage the complexities of the legal system, allowing you to concentrate on healing while protecting your rights throughout the legal process.
Complete this online form or call our law offices at (714) 701-8149 to schedule a free consultation with our car accident law firm.
How Our Santa Ana Car Accident Law Firm Can Help You
An experienced car accident lawyer from Attorney Jeff Car Accident Lawyer will guide you through every step of the legal proceedings and help you secure the fair compensation you deserve. We are committed to supporting our clients and delivering top-tier representation, offering the following services:
- Free Consultation + No Upfront Legal Fees: Providing a complimentary personal injury case evaluation to explore all legal options + representation on a contingency fee basis
- Strategic Case Development: Gathering essential evidence to strengthen the car accident case and identify all liable parties
- Accurate Case Valuation: Thoroughly assessing the car accident claim, including economic and non-economic losses
- Optimal Resources: Coordinating with expert witnesses, like accident reconstructionists and economists, to prove the other party’s fault and document the extent of losses
- Skilled Negotiations: Handling all communications with insurance companies to protect clients from their tactics and aggressively negotiating for maximum compensation
- Exclusive Medical Care: Access to the personal injury law firm’s exclusive network of medical experts, like surgeons, chiropractors, pain management specialists, and more
- Award-Winning Legal Representation: Around-the-clock service, keeping clients informed on case progression at every stage
Car accident victims deserve a personal legal advocate to protect their rights and maximize their financial recovery. We are dedicated to supporting injured clients by providing skilled representation and compassionate client care during their recovery.
How Fault Is Determined in a Motor Vehicle Accident
California law states that negligent drivers are liable for any damages and/or car accident injuries caused in the event of a crash. Common negligent actions of a reckless driver include:
- Distracted driving (e.g., texting, eating, talking to passengers)
- Driving under the influence of alcohol or drugs (prescribed or illegal)
- Failing to yield the right-of-way
- Running a red light or stop sign
- Speeding
- Swerving in and out of lanes
Regardless of what may have led to the car crash, it must be proven that the other driver was, in fact, negligent. This may be accomplished if the following four elements of negligence are proven:
- The at-fault party owed the injured party a duty of care not to cause harm
- The at-fault party violated that duty of care through reckless actions
- Those reckless actions either caused or contributed to the accident
- The accident resulted in damages, medical bills, or pain and suffering to the injured party
Our Santa Ana car accident lawyers assist in proving the four elements of negligence, ensuring clients receive the maximum compensation for their car accident injuries and other damages.
Comparative Negligence
California’s pure comparative negligence rule allows those who are partially at fault for a car accident to still recover damages, but financial recovery will be reduced by their percentage of fault.Â
For example, if you are initially awarded $100,000 in damages but found to be 20% at fault, you would recover $80,000.
Who Is at Fault in a Santa Ana Car Accident?
California is a pure comparative negligence state. This means that all involved parties who contributed to the car accident can be held liable for damages–including the injured parties filing personal injury claims.
When the injured party shares fault for the accident, the compensation they receive will be reduced by their percentage of responsibility, as determined by the court. For example, if you were found to be 25% at fault for a car accident, you would only receive 75% of the final reward.
Other potential parties who may be found liable for a car accident include:
- Negligent Driver: Actions such as speeding, disobeying traffic signals, or improper yielding
- Car Manufacturer: Liability arising from defects in vehicle design or component manufacturing (e.g., brakes, steering, tires)
- Government Entity: Involvement of government employees or vehicles in an accident, or neglecting road maintenance
To ensure all appropriate parties are held accountable, it’s important to work with a Santa Ana car accident lawyer with the resources to thoroughly investigate the crash and obtain evidence to prove fault.
Common Types of Car Accidents in Orange County
Due to driver negligence, road conditions, and other factors, car accidents in Southern California can result in a series of accidents. This may include:
- Head-On Collision
- Hit and Run Accident
- Lyft Accident and Uber Accident
- Rear-End Collision
- Rental Car Accident
- Rollover Accident
- Sideswipe
- Single Vehicle Accident
- T-Bone Accident
- Truck Accident
Dealing with insurance companies after a car accident is complex. To avoid jeopardizing your personal injury claim, consult with a Santa Ana car accident lawyer who can advise the best course of action and how to deal with the insurance companies.
This can help navigate the car accident claims process, protect your interests, and increase your chances of recovering fair compensation for injuries and losses.
Common Car Accident Injuries
Depending on the severity of the crash, a car accident can result in minor or serious injuries. Some of the most common car accident injuries include:
Head and Brain Injuries
A traumatic brain injury (TBI) occurs when the brain moves rapidly within the skull, striking its hard inner surfaces. This can lead to bleeding, swelling, bruising of the brain, and conditions such as skull fractures. Immediate loss of consciousness can sometimes occur with a TBI.
TBIs require immediate medical intervention, substantial follow-up care, and diagnostic evaluations. The most severe personal injury cases of traumatic brain injury may demand lifelong care and rehabilitation.
Broken Bones
Car accidents commonly cause arm and leg injuries requiring immediate and extensive medical care, including costly surgery and ongoing rehabilitation.
Additionally, bone fractures can lead to infections, resulting in amputation and physical disability. Consequently, car accident victims may struggle with daily activities and earning an income. Even less severe fractures may still require considerable rehabilitation for recovery.
Facial Injuries
Car accident injuries to the face can range from minor scrapes, cuts, bruises, and dental damage to severe fractures, burns, deep lacerations, and jaw injuries. Even seemingly minor accidents can result in lacerations from flying debris, glass, or personal items, as the face’s soft tissue is particularly susceptible to serious injury. In more serious car crashes, car accident victims may sustain facial fractures.
The treatment for car accident-related facial injuries can involve cosmetic or reconstructive surgery to restore both function and appearance. Even when treated, permanent scarring or disfigurement can leave car accident victims feeling insecure, which affects their quality of life.
Psychological Trauma
Psychological conditions, such as post-traumatic stress disorder (PTSD), panic attacks, anxiety, and depression, can result from a car accident, even if physical injuries were not sustained. These issues can be challenging to treat and may require therapy, medication, and extended recovery.
Overcoming such emotional distress and trauma may require years of mental health treatment. Car accident victims suffering from psychological injuries are entitled to financial compensation, similar to if a physical injury were sustained.
Wrongful Death
In the devastating aftermath of a fatal car accident, the law provides avenues for surviving family members to seek justice and financial relief through a wrongful death claim. A wrongful death lawsuit should hold the responsible party accountable and alleviate any financial and emotional burdens that arise from such a tragic loss.
Compensation pursued in a wrongful death claim may include the costs associated with funeral and burial arrangements, outstanding medical expenses incurred before the deceased’s passing, and the loss of future income that the deceased would have provided. Families can also recover compensation for the profound emotional distress, loss of companionship, and other intangible damages that impact the family’s well-being and future stability.
What Can Be Compensated in a Santa Ana Car Accident Case?
Car accident damages typically consist of both economic damages and non-economic damages. Economic losses are easily quantifiable and possess a monetary value. Conversely, non-economic losses are subjective, making it challenging to assign a specific value. Common examples of damages that can be compensated for include:
- Current medical bills
- Emotional trauma
- Future medical expenses
- Loss of earning capacity
- Loss of companionship or consortium
- Lost wages
- Pain and suffering
- Property damage
- Wrongful death
In certain car accident cases, victims might be awarded punitive damages, also known as exemplary damages. These damages are reserved for situations where the at-fault party’s conduct is considered particularly egregious, such as drunk driving or a hit-and-run accident. Unlike compensatory damages, punitive damages aim to punish the wrongdoer rather than to reimburse the injured party.
How Long Do I Have to File a Personal Injury Claim?
In California, the statute of limitations for personal injury lawsuits is generally two years from the date the injury was sustained or “discovered.” However, if the injury was discovered through a subsequent medical examination, this period may begin later than the date of the accident.
If a government entity is a defendant—for example, if you were hit by a city vehicle or injured due to a road defect—the filing period in a personal injury case is reduced to just six months.
Failing to file a personal injury lawsuit within this time can result in losing the right to recover compensation. Other exceptions may exist, which is why it is important to confirm such important dates with an experienced car accident lawyer.
Do I Need a Santa Ana Car Accident Lawyer for my Santa Ana Car Crash?
Not all the time, but…
Car crashes can drastically change car accident victims’ lives, leaving them with long-term ailments, expensive medical bills, and lost income. In addition to dealing with difficult insurance companies, the overall personal injury claims process will prove to be overwhelming.
Not all car accidents require legal representation. However, it is always best to consult with a Santa Ana car accident lawyer to discuss personal injury case details and confirm if legal counsel is necessary. Some car accident claims may be settled directly through insurance, while others may require aggressive legal action to ensure fair compensation for losses.
Why Legal Representation Is Essential to Recover Compensation
Hiring a personal injury attorney for a car accident case is not legally required. However, unrepresented car accident victims often struggle against insurance companies focused on their interests, risking unfair settlements or the personal injury claim being compromised. However, in a California car accident claim, an experienced personal injury lawyer will:
- Investigate the cause of the motor vehicle accident
- Gather valuable evidence, such as police reports, witness statements, and video surveillance
- Coordinate with expert witnesses, like accident reconstructionists to prove fault and medical experts to demonstrate the severity of car accident injuries
- Calculate all sustained losses, including non-economic damages, such as pain and suffering and emotional trauma, so clients are fairly compensated
An experienced personal injury lawyer with success in building strong car accident claims to recover maximum compensation is extremely beneficial to injured victims.
How Insurance Companies Try to Minimize Personal Injury Claims
California is an “at-fault” state, meaning that the at-fault driver is financially responsible for the damages they cause. This may include medical bills, property damage, lost income, and other losses.
However, insurance companies prioritize their profits and often try to minimize personal injury claim payouts. To protect your car accident case, be aware of the tactics of the insurance companies. Common strategies applied to devalue personal injury claim worth include the following.
Make Early Settlement Offers
Adjusters often reach out soon after the accident with a settlement offer that may seem like fast cash. These initial offers are usually far lower than the actual value of car accident cases, made before the full extent of your injuries or costs is even known.
Discourage Attorney Involvement
You might be told that hiring a personal injury lawyer will only delay the process or that you can handle the car accident claim yourself. This is because insurers know that once you have legal representation, they won’t be able to pressure you into an unfair deal easily.
Insist on Recorded Statements
An adjuster may ask you to give a recorded statement about the accident or your injuries. They are trained to ask questions that could get you to say something that hurts your personal injury case, for example, downplaying your pain or admitting partial fault.
Legally, you are not required to give a recorded statement to the other driver’s insurer without counsel.
Delay the Insurance Claims Process
Insurance companies might drag their feet on processing your personal injury claim, hoping you’ll become desperate enough to accept a lower settlement. They may also stall in paying medical bills or property damage repairs, adding financial pressure on you.
Dispute Liability or Minimize Injuries
Insurers often try to argue that their driver wasn’t entirely at fault, or that your negligence contributed to the crash, to reduce their payout. They may also question the severity of your injuries, suggesting that you’re exaggerating or that the injuries were pre-existing and not caused by the accident.
These tactics are designed to save the insurance company money at your expense. This is why working with a dedicated personal injury law firm is pivotal.
California Car Accident Laws May Affect Your Claim
California has specific rules and regulations that affect car accident claims, but many victims are unaware of these laws, which significantly impact their personal injury cases. Here are some of the main traffic laws that can affect a car accident case.
Minimum Insurance Requirements
California law mandates minimum liability insurance for all drivers to possess at least $15,000 for damage to property, $30,000 for injury/death to one person, and $60,000 for injury/death to more than one person.
However, many drivers in Santa Ana, CA lack insurance, potentially making it more difficult to recover damages after a car crash.
Uninsured Motorist Coverage
Auto insurers offer policyholders Uninsured/Underinsured Motorist (UM/UIM) coverage, which can be applied in motor vehicle accidents with uninsured drivers. This crucial coverage protects you if you are injured by a driver who lacks insurance or whose insurance limits are insufficient to cover your damages.
Many individuals are unaware that they possess this valuable protection, which can provide compensation up to their policy limits in the event of an accident with an underinsured or uninsured driver.
Accident Reporting Requirements
It is required to report motor vehicle accidents to the DMV within 10 days using form SR-1 if they result in injury, death, or property damage exceeding $1,000.
Additionally, crashes involving injury or death must be reported to local Santa Ana law enforcement or the CHP.
How a Personal Injury Lawyer Can Help
A skilled legal team manages all interactions with insurance providers, aggressively negotiating for the maximum compensation. They are also prepared to litigate the car accident case before a judge and jury if the insurance company fails to provide a fair settlement.
With an established personal injury law firm handling the legal details and complex negotiations, injured clients stand a better chance of recovering maximum damages while simultaneously focusing on recovering from the traumatic event.
Contact the Top-Rated Southern California Car Accident Lawyers
Attorney Jeff Car Accident Lawyer serves the Orange County community with professionalism, integrity, and dedication. We have a track record of recovering millions for our clients.Â
Contact an experienced car accident lawyer as soon as possible to improve your chances of building a strong car accident case. After an accident, Jeff’s got you. Call or complete our online form for a free, no-obligation consultation.
Other Practice Areas Our California Personal Injury Law Firm Handles
Our award-winning personal injury lawyers specialize in the following practice areas:
- Bicycle Accidents
- Dog Bites
- Motorcycle Accidents
- Pedestrian Accidents
- Personal Injury Accidents
- Slip and Fall Accidents
- Truck Accidents
- Uber Accidents
- Lyft Accidents
- Workers’ Compensation
- Wrongful Death
Schedule a Free Consultation with a Personal Injury Lawyer
Experienced legal representation from a Santa Ana accident lawyer offers valuable insights into available options. Contact our personal injury law firm today to schedule a complimentary car accident case evaluation.
Address: 1418 N. Main St Suite 200-A Santa Ana, CA 92701
Phone Number: (714) 701-8149
Attorney Jeff Car Accident Lawyer’s Other Locations
Our car accident attorneys are ready to discuss your personal injury case. Schedule a free consultation with one of our offices in Southern California today.