What Are the Legal Standards for a California Car Accident Lawsuit?
California negligence laws clearly state that any negligent driver is liable for any and all damages and/or injuries they cause in the event of an accident. If you or a loved one are injured in a California car accident you must be able to prove the other driver was negligent in order to receive any monetary compensation.
In California, the legal standard for negligence in a car accident is:
- The at-fault party owed the injured person a duty of care
- The at-fault party violated that duty of care by being negligent
- Their negligence caused the injured party’s damages and injuries.
When you hire one of the Santa Ana, California car accident lawyers at Attorney Jeff, they will assist you in proving all the above standards to make sure you receive fair monetary compensation for your car accident injuries and/or damages.
Who is At-Fault in A California Car Accident?
California is a pure comparative negligence state. This means that in California courts all injured parties are able to collect their damages even if they are found to be 99% at fault for their car accident.
The California courts will reduce your compensation for damages by the percentage of fault. For example, if you were found to be 25% at fault for your Santa Ana, California car accident, you would only receive 75% of your reward. The higher your percentage of fault, the smaller your recovery amount of money will be.
Negligence in a California car accident can take many forms. Common causes of car accidents due to negligence in Santa Ana and throughout California include, but aren’t limited to:
- Careless Driving
- Distracted Driving
- Driving Under the Influence of Drugs and/or Alcohol
- Failure to Yield the Right-Of-Way
- Running a Stop Sign or Red Light
- Texting While Driving
What Are the Common Types of Car Accidents in Santa Ana, California?
The experienced Santa Ana, California car accident lawyers at Attorney Jeff can help build a strong case for the other driver’s negligence. Common types of Santa Ana, California car accidents include, but aren’t limited to:
When you are hit from behind by another vehicle, this type of accident can range from a minor fender bender to causing you to suffer severe injuries. It all depends on the speed at which your vehicle was hit. Normally, in rear-end collisions, the driver who hit you will be at-fault. However, if you were moving in reverse at the time of the accident, you could be found to be at-fault.
In California and elsewhere, a T-bone accident can also be referred to as a side-impact collision. This type of accident occurs when one vehicle is hit by the front or back of another vehicle. Broadside collisions happen frequently in California and all parties involved could suffer severe injuries.
In a California sideswipe car accident, one vehicle’s side hits the side of another vehicle while travelling in the same direction. Most times these types of accidents are caused by California drivers who fail to check their mirrors or blind spots before changing lane. At high rates of speed, these types of car accidents can cause you to suffer severe injuries.
A head-on car accident takes place when two motor vehicles crash into each other while traveling in opposite directions. Even at low speeds, a head-on car accident can result in catastrophic injuries or death.
Single Vehicle Accident
A single-vehicle accident involves only one car. Normally it’s a single car running into an immobile object like a road sign, tree, or veering off the highway. Most single vehicle accidents in California can be attributed to fatigue or driving while under the influence of drugs and/or alcohol, unsafe road conditions, or weather.
In California and elsewhere, a rollover accident happens when a car is flipped over due to leaving the roadway or a collision. These types of accidents in California generally cause severe injuries or even death.
Hit and Run Accident
When a California driver causes an accident or is involved in a car accident and leaves the scene this is considered a hit-and-run accident and is against the law in California. The failure to stop at a car accident can cause that driver to receive a ticket and criminal hit-and-run charges.
As ridesharing platforms like Uber gain in popularity, the number of these vehicles being involved in accidents is also on the rise. Additionally, insurance companies aren’t always providing the proper amount of compensation to the victims of these Uber car accidents in California.
It is important to remember that ride-sharing apps like Lyft and Uber are technology companies, not taxi services. Normally you would file a claim against the automobile coverage of your driver instead of the company. However, the problem with that is, many times the driver’s personal Santa Ana, California insurance company will deny your claim because they may not cover the driver while they are working for Lyft. If you’ve been involved in a Lyft accident in Santa Ana contact Attorney Jeff today.
Rental Car Accidents
Rental car accident law in Santa Ana, California can be complicated and complex. You will need a skilled and knowledgeable Santa Ana rental car accident lawyer with the experience you need.
What Are the Most Common Car Accident Injuries in California?
In California and across the United States, car accidents are the most common cause of all personal injury cases. Some of the most common car accident injuries in Santa Ana and throughout California include, but aren’t limited to:
Traumatic brain injuries happen when a quick movement of your skull causes your brain to move and hit the hard surfaces of your skull. A traumatic brain injury can cause such things as bleeding, swelling, and bruising or your brain and other conditions like a fractured skull. At times, a traumatic brain injury can cause you to lose consciousness immediately.
Traumatic brain injuries require immediate medical treatment and can also require extensive follow-up care and diagnostic testing. The most severe traumatic brain injuries may require a lifetime of care and rehabilitation.
Your legs and arms are especially vulnerable when you are involved in a Santa Ana, California car accident. In most cases, such injuries require emergency medical treatment, surgery, rehabilitation, and follow-up treatments.
Bone fractures can also lead to infections, and you could require physical therapy, and multiple surgeries to restore some type of function. In severe broken bone cases, you could be facing an amputation which can lead to significant impairment and a vastly decreased quality of life.
You could have difficulty performing basic everyday tasks or being able to work. Minor fractures normally aren’t difficult to treat but might require significant rehabilitation and healing in order for you to return to normal function.
Facial injuries include scrapes, cuts, bruises, fractures, burns, deep laceration, dental and/or jaw damage. Lacerations in the form of deep cuts, punctures or scrapes are extremely common even in minor California car accidents. The soft tissue of your face can be especially vulnerable to injury from such things as flying debris, glass, personal items, etc. In severe cases, you may suffer from broken facial bones and serious punctures from sharp objects.
Depending on the type of facial injury you suffer in your Santa Ana, California car accident, your facial injuries may require cosmetic and/or reconstructive surgery to restore some level of normal function and the aesthetic features of your face. If you break or dislocate your jaw, you could require a lengthy time for treatment, rehabilitation, and recovery.
Even if you weren’t subjected to physical injuries in your Santa Ana, California car accident, you could still suffer from one or more psychological conditions as a result of your car accident. Post-Traumatic Stress Disorder (PTSD) is quite common after a California car accident and often times requires treatment of a qualified mental health professional. If you have PTSD, you may suffer from severe distress that is severe enough that you may require years of treatment to return to normal.
Other psychological injuries may include such things as panic attacks, anxiety, and depression. These injures may be attributed to the Santa Ana car accident or because of your recovery. Psychological injuries are often times difficult to treat. You may need therapy, medication, and a long recovery time in order to return to your pre-accident mental state. If you have suffered a psychological injury due to your California car accident, you may receive monetary compensation.
What Kind of Damages Can I Recover if I’m Involved in a California Car Accident?
In a California car accident, damages can be caused by your injuries and other losses you may have suffered. When filing a claim for personal injury due to a Santa Ana car accident you should request the maximum monetary compensation available from the at-fault party.
In California, damages from a car accident can be both economic and non-economic. Economic damages will have an exact dollar value such as vehicle repairs and medical expenses. Non-economic damages can be hard to put a dollar figure on and include such things as pain and suffering.
Common damages in a California car accident may include, but may not be limited to:
- Medical Expenses
- Future Medical Treatment and Care
- Car Repair or Replacement Costs
- Lost Income
- Loss of Future Earning Capacity
- Emergency Medical Attention
- Physical and/or Occupational Therapy
- Medication, Medical Supplies and Medical Equipment
- Pain and Suffering
- Mental Anguish
- Loss of Limb Compensation
- Disfigurement or Scar Compensation
Depending on the individual circumstances of your Santa Ana, California car accident you may also be able to receive punitive damages. Punitive damages, also referred to as exemplary damages, are available when the driver who caused your accident was reckless, intentionally tried to hurt someone or is guilty of a hit-and-run accident.
Punitive damages are not awarded with the intent to compensate the injured victim but rather to punish the at-fault party.
How Do I Know If I Have a Valid California Car Accident Claim?
If you or a loved one was recently involved in a California car accident, you could be confused about whether or not you have a valid claim for compensation. You aren’t alone, the Santa Ana, California car accident attorneys at Attorney Jeff are here to assist you. In order to be able to obtain damages your California car accident must meet both of the following:
- Your California car accident was caused by someone else’s negligence
- As a result of someone else’s negligence you or a loved one suffered severe physical injuries.
Our experienced Santa Ana, California car accident attorneys can answer all your questions about how negligence is established and what it means for your injury to be classified as severe.
Do I Need a California Car Accident Attorney if My Accident Was Minor?
If you or a loved one is involved in a minor Santa Ana, California car accident, you may not need a car accident lawyer. However, it’s always prudent to talk to a California car accident attorney to find out whether or not you have a case instead of leaving a lot of money on the table. If you don’t meet with a California car accident attorney you will never know how much compensation you may have received for your Santa Ana, California car accident injuries.
What Happens if My Santa Ana, California Car Accident is Severe?
If you or a loved one has been involved in a severe California car accident, it is to your benefit to contact an experienced car accident lawyer. More often than not, the insurance company’s adjuster will attempt to take advantage of you if you don’t have the benefit of being represented by a California car accident attorney.
It’s important to remember that insurance companies are in business to make a profit and they hate to pay out money.
Do I Need a California Car Accident Lawyer for my California Car Crash?
In the aftermath of your Santa Ana, California car accident, you will face a lot of challenging decisions. It may be hard for you to deal with your injuries and lost wages.
The experienced Santa Ana, California car accident lawyers at Attorney Jeff can help you set a plan in motion to assist you in your recovery. Having an experienced California car accident lawyer by your side to protect your rights can give you peace of mind so you and your family can focus on your recovery.