When we get behind the wheel of a car or hop onto a motorcycle, we rely on the assumption that fellow drivers will abide by the law and demonstrate consideration for others on the road. Sadly, Orange County has been plagued by a significant number of motorists who engage in hazardous behaviors, including driving under the influence, reckless driving, speeding, and distracted driving. Many of these drivers lack a valid driver’s license, carry insufficient insurance coverage, or have no insurance at all. That’s why it is important to ask for the help of an Orange County car accident lawyer.
At Tenina Law, our team of attorney specializing in auto accidents in Orange County boasts a collective experience of 20 years, representing countless individuals who have sustained injuries in motor vehicle accidents. We possess the necessary expertise to effectively leverage our knowledge in your favor.
Our impressive track record involves successfully handling various types of accidents, ranging from collisions between vehicles, incidents involving pedestrians, motorcycle accidents, truck accidents, clashes between cars and buses, clashes between cars and taxis, to single-car accidents.
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5 Things to Do After an Auto Accident in California
You should know five important things if you have been involved in an automobile accident. By addressing these five areas immediately, you can protect your legal rights and receive any compensation that is owed to you.
Get the Contact Information of the Driver
Always ensure that you obtain the insurance card and contact information of the other driver involved in the accident. Additionally, gather the contact information of any witnesses and other vehicles affected by the incident. If possible, obtain this information from the police officer present at the scene, as it will assist us at Tenina Law in initiating work on your case.
Seek Immediate Medical Attention
After a car crash, your health is of paramount importance. Even if your injuries seem minor, they could be much more serious than you think. Accident victims are often overwhelmed by adrenaline, making it difficult for them to fully realize the extent of their injuries and pain. By seeking immediate medical attention, a doctor or another qualified medical professional can examine you thoroughly and ensure that your injuries are treated appropriately. Seeking medical attention also enables you to pursue compensation for your injuries.
Contact Your Insurance Company Only After Consulting With an Attorney
Tenina Law can help you protect your legal rights by ensuring that you never speak to an insurer or provide them with any written or recorded statements. Insurance companies often employ manipulation tactics to settle for less than what the victim deserves. Moreover, insurance companies may attempt to access your complete medical records, even when they lack the right to do so. Below, you will find additional information on negotiating with an insurance provider.
Create a Documentation Folder
Keep all documentation about your accident, including medical bills, lost income, pain and discomfort, vehicle repairs, and other relevant information, in one folder. This will ensure that important information is not lost. By creating a folder, you can ensure that both your attorney and yourself have easy access to all the important documents related to your accident.
Contact an Experienced Orange County Car Accident Lawyer
Contact the attorney at Tenina Law as soon as you can so that we can give you advice on what to next do. We can ensure that your legal right is protected, and we can help you build a solid personal injury case relating to your automobile accident.
Types and Causes of Car Accidents in Orange County, CA
Simple acts of negligence, such as driving too fast, driving while distracted, or not obeying traffic laws, can cause car accidents. In other cases, complex design flaws in the automotive industry can result in manufacturing defects that may lead to a vehicle rolling over or roof-crushing passengers. These types of accidents are among the most dangerous:
- Rear-End Accidents: Rear-end accidents are very common; however, they can cause serious damage to the head, neck, and spine. Even relatively minor “fender benders” can result in significant injuries.
- Frontal Collisions: These catastrophic accidents involve two vehicles traveling at high speeds directly toward each other. Frontal collisions are responsible for 10% of car accident fatalities.
- Rollover Accidents: Rollover accidents can be extremely dangerous, and their occurrence varies among different vehicle types. For instance, SUVs and heavy trucks are more prone to rollovers.
- T-Bone Collisions: Side-impact collisions account for 20% of car accident fatalities. These accidents can happen anywhere, including on highways, in small towns, at intersections, and in parking lots.
- Off-Road Crashes: Over 30% of fatalities in auto accidents are caused by off-road crashes. These accidents occur when a car leaves the road and collides with a telephone pole or tree.
Common Auto Accident Injuries in Orange County
Although every car accident is unique, serious car crashes often cause catastrophic injuries and damage to victims. Serious car accidents can result in a variety of injuries.
- A broken or fractured bone
- Traumatic brain injuries (ranging in severity from minor to life-threatening)
- Whiplash
- Aortic dissection (rupture of the aorta)
- Scarring or disfigurement
- Spinal cord injury (resulting either in temporary or permanent paralysis)
- Amputations
- Nerve damage
- Internal bleeding or internal organ damage
- Post-Traumatic Stress Disorder (PTSD)
- Death
Many victims of serious auto accidents suffer from polytrauma, which refers to the combination of multiple injuries. Polytrauma can lead to severe medical conditions or even death for the victims.
Why Do I Need an Attorney After a Car Accident in California?
Drivers in Orange County, California are no strangers to being involved in accidents, even minor fender benders. They often assume that resolving the issue with the other driver will be easy. Unfortunately, that is not always the case. Many car accidents are more complex than they initially appear. What may seem like a minor accident can quickly become a legal problem.
In such situations, a car accident lawyer in Orange County, California can assist injured drivers in understanding their options after a crash. They can handle complicated insurance claims and hold negligent drivers accountable through a personal injury lawsuit.
Injured drivers must understand that managing a case without legal representation can be risky. Missing a deadline for filing paperwork or making a mistake could result in the judge dismissing the case before it even goes to trial.
Peace of Mind
Hiring a personal injury attorney is a wise investment for peace of mind. The injured driver can focus on recovering from their injuries while their attorney builds a strong personal injury case and negotiates with insurance companies on their behalf. This approach ultimately leads to a larger recovery amount than they could achieve on their own.
Tenina Law attorney are well-versed in investigating all possible avenues for compensation in personal injury claims. If your car accident case proceeds to trial, we are not afraid of rigorous litigation.
Every car accident injury case or wrongful death has a compelling story. We strive to find the most persuasive way to present your story, often resulting in a larger settlement or jury award.
How to Prove Negligence in an Auto Accident Claim in CA
Personal injury claims are based on negligence, which occurs when a party fails to act reasonably in a given situation. In California, every driver must drive carefully, pay attention to the road, and obey traffic signs. Failing to do so increases their chances of getting into an accident and causing injury to themselves or other drivers.
To win a claim for auto accident injuries, the plaintiff’s attorney must prove the four main components of negligence with the available evidence.
These are the following:
- First, the plaintiff’s lawyer must positively identify the defendant and then prove that the defendant owed the plaintiff a duty of care.
- The plaintiff’s lawyer must then provide evidence that the defendant breached this duty of care. This breach could be attributed to the defendant being distracted, under the influence of alcohol, or committing a traffic violation that led to the accident.
- The plaintiff must also provide proof of all damages caused by negligence. It is important to provide evidence of medical costs, damage to property, and the pain and discomfort caused by the accident. Additionally, the plaintiff must demonstrate that the accident resulted in missed work.
- The plaintiff’s lawyer must also establish causation, meaning they must prove the direct connection between the defendant’s negligence and the damages claimed by the plaintiff. Furthermore, the lawyer must demonstrate that the damages claimed are directly caused by the defendant’s negligence, rather than any other cause.
A plaintiff’s attorney will likely win the case if they can prove these four elements in court. Any potential plaintiff needs to remember California’s pure comparative negligence law. A plaintiff may lose a portion of the award based on their level of negligence in causing an accident.
However, the plaintiff may still be able to recover damages even if they are partially at fault for the accident. Unlike states with a modified comparative fault statute that bars plaintiffs from recovering damages, if they are 50% or more at fault, California does not have such a provision.
Orange County Insurance Companies After an Auto Accident
California drivers must have a personal auto policy that provides coverage in the event of an accident. In California, insurance claims are determined based on fault. If a driver is injured, they have the right to claim on the insurance policy of the at-fault driver to seek compensation for damages. In smaller accidents, the at-fault driver’s insurance may cover all the damages caused by the injured driver. However, it is rare for insurance companies to pay out claims.
Before negotiating with the insurance company, an injured driver needs to contact a personal injury attorney. A car accident attorney in Orange County can assist a client in filing the claim, which increases the chances of a successful insurance claim. When an adjuster sees that the claimant is represented by a lawyer, they are less likely to reject the claim. A skilled attorney can have a significant impact on the outcome of negotiations.
Another issue that may arise concerning insurance is when the at-fault driver does not have sufficient auto insurance to cover the costs of the injured driver’s damages, or may not have any auto insurance at all. In such situations, an injured driver may refer to their auto insurance policy if it includes underinsured/uninsured motorist coverage. Additionally, California law allows an injured driver to file a personal injury claim for damages if an insurance claim does not cover their losses.
Photographs of Car Accidents Can Help Your Personal Injury Case
Certain pieces of evidence can add value to your personal injury claim if you have been involved in a car crash. Accident photographs are one of the most important pieces of evidence. A picture can be worth a thousand or more words, and this is certainly true in the present case. These photos can increase your credibility and provide proof of injuries or property damage.
You should also consider taking photographs of your injuries if it is safe to do so. Take photos of everything. This includes skid marks, damaged vehicle parts, traffic lights or signs, weather conditions, chipped paint, broken windows, and an overall picture of the accident scene. When photographic evidence is presented to support the claims of victims, insurance companies are more likely to accept them.
Use Witness Statements to Build a Strong Personal Injury Case
Third-party neutral witnesses are also important to prove your case. They have no financial interest in your case and can provide strong evidence in your personal injury claim if they corroborate the testimony you give about how the accident happened. If you can, get all of the contact information for the witnesses at the accident scene. You don’t have to worry if you can’t because the police report is likely to list all the witnesses.
How Documentation Can Help Your Attorney Build a Strong Case on Your Behalf
Have you ever kept a diary or journal when you were young? You will find that your notes bring back powerful memories you had forgotten. The same principle applies in a car accident. Car accidents can be chaotic, and people often forget details due to the confusion at the scene. Additionally, they have to deal with insurance companies, medical appointments, lost work, and other obligations.
Create a daily journal and include information about your pain levels, doctor’s appointments, the activities you couldn’t perform due to your injuries, and your inability to return to work.
Keep all of your medical bills, diagnostic imaging test results, medical appointments, and physical therapy appointments in the same file. Having all this information will allow your attorney to ensure you are properly compensated for your injuries and damages.
Car Accident Compensation Types in California
You may wonder what compensation you can receive if you have suffered injuries in a car crash. Here are some compensations that are often awarded to car accident victims who have suffered injuries without their fault.
- Medical Costs: You can claim medical expenses for all doctor’s visits, diagnostic tests, and emergency room visits. Additionally, you may be eligible to claim ambulance costs, physical or occupational therapy expenses, prescription medication costs, and medical equipment such as wheelchairs, handrails, and walkers, among others.
- Loss of Future Earnings and Lost Wages: You may have missed a significant amount of work due to your injury. If you are disabled or unable to return to work, you may also be eligible to claim compensation for your future earnings.
- Property Damage: You can claim damages for any vehicle damage, repair costs, towing charges, as well as damage to property inside the vehicle.
- Pain and Suffering: Your journal will document the level of pain and suffering you experience, as well as any activities that you are unable to do independently. The attorney at Tenina Law can assist you in calculating these non-economic damages.
- Punitive Damages: In some cases, if the conduct of the other driver is extremely reckless, negligent, or egregious, the court may award punitive damages to punish the offender and deter others from repeating such actions.
Our Trial Lawyers Have a Proven Record of Success
Recently, we settled a wrongful-death case for $2.75 million. The deceased was 55 years old and had no spouse or children. Only two parents, both in their 80s, were left. Normally, a jury and defendant would not pay more than $500,000 for the death of a 55-year-old with no economic loss involved.
However, by convincingly relating the story of these parents and their sons, we were able to increase the settlement value. Our preparation convinced the insurance company that a jury trial would result in a higher verdict for this elderly couple. Therefore, we settled the case far beyond the wildest dreams of our clients without subjecting them to the ordeal and pain of a long trial.
Orange County Car Accident Lawyer: Contact Tenina Law to Help With Your Case
Do not let the negligent party financially harm you too. It is in your best interest to set up a consultation for free to learn about your legal rights. Contact us by calling (213) 596-0265, or using our email form.
FAQs About Orange County Auto Accident Laws
Accidents involving cars can be stressful, causing both mental and physical strain. In such situations, victims often find themselves uncertain about the initial steps they should take. Below, we address some of the most frequently asked questions regarding car accidents in Orange County.
What Should I Do Immediately Following a Car Accident?
The first thing you should do is to ensure that you are healthy. If you are feeling injured, contact the police and refrain from moving. Accept the assistance of the EMTs present at the scene or proceed to an emergency room. If possible, try to take pictures of the accident scene. It is advisable not to engage in conversation with the insurance company without consulting an attorney first. This precaution will help safeguard your legal rights.
What Should I Do When an Insurance Company Calls Me?
Most of the time, an insurance company representing the person at fault will attempt to persuade you into accepting a settlement that is significantly below what you rightfully deserve. To secure a lower settlement, they may manipulate your statements to their advantage, record your conversations, or gather your medical history. However, with the assistance of a competent attorney, you can have someone negotiate on your behalf, ensuring that you receive the compensation you deserve.
What Should I Do About My Car?
You have the right to have your car repaired at any shop of your choice. If you find the cost of repairing your car to be too high, you also have the option to receive its fair market value. It is important not to drive your vehicle until it has been inspected by an auto mechanic.
What if the Accident Was Partly Mine?
California follows the standard of pure comparative negligence. If you are partially at fault for an accident, you may still be able to recover damages and compensation. Even if the jury determines that you are 80% responsible for the accident, you can still receive 20% of your compensation. Don’t let the possibility that you were partially at fault for an accident discourage you from seeking the compensation you deserve for your injuries or losses.
How Much Compensation Can I Get in a Case of Personal Injury Related to an Automobile Accident?
Each car accident is unique, but you may be entitled to compensation for medical expenses, lost wages or future earnings, mental distress, emotional distress, and even loss of enjoyment in life. If the accident was caused by a particularly reckless or egregious act, you might also be entitled to punitive damages. Punitive damages aim to punish the offender and send a clear message that such actions are not acceptable.
Does My Case Have a Time Limit?
California law only gives you two years to claim compensation for car accident injuries or losses. Although this may seem like a significant amount of time, it can be challenging to conduct an independent investigation, hire expert witnesses, and develop a strong case within this timeframe. It is advisable to initiate the process as soon as possible.
Why Should I Contact a Car Accident Attorney?
Tenina Law‘s car accident lawyers are experts in the field and can ensure that you receive the compensation you deserve. We will work with the insurance company on your behalf to build a solid personal injury case that entitles you to full compensation.
Our offices are located in Sherman Oaks, CA. Contact us today by calling (213) 596-0265 or emailing our offices for a no-cost case evaluation. All car accident injury cases and wrongful deaths are handled on a contingent fee basis
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