When you drive in Orange County, you trust other drivers to operate their vehicles carefully and responsibly by following traffic laws, paying attention, and avoiding distractions. Unfortunately, many drivers neglect this duty and cause accidents and serious injuries. These crashes are common in California, with 55,071 police-reported crashes on state highways. If you have been hurt in a car accident through no fault of your own, our seasoned personal injury lawyers at Callahan & Blaine are here to help.
We understand the difficulties of recovering from car accident injuries, so we handle every aspect of your claim with a comprehensive, thorough approach. Every member of our robust team has at least eight years of experience, giving us the skills, knowledge, and resources needed to achieve the compensation you deserve. With a proven track record of successful verdicts, including the largest in Orange County history worth $934 million, you can rely on us to negotiate with insurance companies and take your claim to court if necessary.
Who May Be Liable in an Orange County Car Accident?
Car accidents often happen quickly and may involve multiple parties, so it can be challenging to know whose negligence caused the accident and your injuries. Our detail-oriented Orange County car accident lawyers conduct a detailed investigation to identify an at-fault party, which may include the following:
- Another driver: Another driver may be liable for the accident by driving recklessly, failing to follow traffic laws, or driving under the influence.
- Pedestrian or bicyclist: If a pedestrian or bicyclist fails to follow signals or pulls out in front of your vehicle without giving you time to stop, they may be responsible.
- Manufacturer: Defective parts can malfunction and cause brake failure or other issues that result in an accident. In these cases, the manufacturer may be held accountable.
- Mechanic: If a driver took their car to a mechanic who failed to fix the issue or caused other damage, the mechanic may be liable for a resulting accident.
- Property owner or government agency: Property owners or government agencies may be responsible for an accident if they fail to maintain their roads and clear them of debris.
- Texting and Driving
- Rear End Accidents
- Wrong Way Accidents
Once we determine who is responsible for the collision, we gather and analyze evidence, such as medical records, police reports, traffic and security camera footage, and witness testimony to prove their negligence directly caused the accident and your injuries. Because California is an at-fault state requiring victims to seek compensation through the liable party’s insurance, seeking legal help is crucial to ensure evidence is not lost and negligence is clearly demonstrated.
The Claims Process for Car Accident Victims
Navigating the claims process after a car accident can be overwhelming, especially when you are trying to recover from injuries and manage the aftermath of the accident. At Callahan & Blaine, we understand that each case is unique, and we are here to guide you through every step of the process.
Initial Consultation and Case Evaluation
The first step is to schedule a consultation with one of our experienced attorneys. During this meeting, we will discuss the details of your accident, including how it occurred, the injuries you sustained, and any evidence you have gathered. Our attorneys will evaluate your case to determine the potential for a successful claim. This initial consultation is crucial for setting a strong foundation for your claim.
Gathering Evidence and Documentation
Once we take on your case, we will gather all necessary evidence to support your claim. This includes police reports, medical records, and witness statements. Our team will also work to identify any applicable insurance policies, including your own and the at-fault driver’s insurance. This thorough documentation helps to establish liability and the extent of damages.
Filing the Claim
After gathering evidence, we will file a claim with the appropriate insurance company. At Callahan & Blaine, we are well-versed in negotiating with insurance adjusters and understand their tactics. Our goal is to ensure you receive a fair settlement that covers your medical expenses, lost wages, pain and suffering, and any other damages related to the accident.
Negotiation and Settlement
Once the claim is filed, we will enter negotiations with the insurance company. If they do not offer a fair settlement, we are fully prepared to escalate your claim to litigation. With our proven track record of successful verdicts, you can trust that we will fight for your rights and pursue the compensation you deserve.
3 Types of Damages You May Recover After a California Car Accident
Whether you were involved in a rear-end collision or multi-vehicle collision, injuries from a car accident can take a physical, emotional, and financial toll on your life. These losses deserve recognition and reimbursement, so our dedicated Orange County car accident lawyers aggressively advocate for maximum compensation, which may include the following types of damages:
ECONOMIC
Economic damages are those with a tangible, monetary value, such as medical expenses, lost wages from missed work, and property damages. We calculate these damages by reviewing your medical records, receipts, invoices, tax returns, and pay stubs.
NON-ECONOMIC
Unlike economic damages, non-economic losses refer to those with no monetary value, like pain and suffering, emotional distress, and loss of consortium. Our knowledgeable car accident lawyers in Orange County determine the value of these damages by understanding how your injuries have made you feel and how they have affected your psychological well-being.
PUNITIVE
If the at-fault party was grossly negligent or willfully committed wrongdoing, you may receive punitive damages. These damages are meant to punish the liable party and discourage them from repeating their behavior.
What Goes Into Determining the Value of a Car Accident Claim?
Determining the value of a car accident claim is a complex process that involves evaluating the nature of your injuries, the cost of your medical treatment, and the impact on your daily life. Working with an experienced attorney can ensure that all these factors are considered, maximizing your compensation. At Callahan & Blaine, we can help you navigate the process and secure the compensation you deserve.
Severity of Injuries
The severity of your injuries is one of the most critical aspects in determining the value of your claim. Minor injuries, like sprains or bruises, may result in lower compensation than severe injuries, such as broken bones, spinal damage, or traumatic brain injuries. The more significant the impact on your health, the higher the potential compensation for medical expenses and long-term care.
Medical Treatment and Expenses
Insurance companies consider the cost of your medical treatment, including doctor visits, surgeries, medications, rehabilitation, and ongoing care. Every medical expense related to the injury is added to your claim. Make sure to keep track of all bills and medical records, as they will help substantiate the cost of your recovery.
Impact on Daily Life and Work
Injuries that affect your ability to work or perform daily activities can increase the value of your claim. If your injuries have led to a loss of income or future earning potential, this will be factored in. Additionally, if your injury prevents you from engaging in activities you once enjoyed or causes lasting discomfort, you may be entitled to compensation for pain and suffering.
Duration of Recovery
How long it takes to recover from your injuries can also affect the value of your claim. The longer your recovery period, the more compensation you may be eligible for due to extended medical care and potentially lost wages. Injuries that result in long-term or permanent disability will significantly increase the overall value of your claim.
Emotional Distress and Pain and Suffering
Beyond the physical injuries, emotional distress is another factor in car accident claims. Experiencing trauma, anxiety, or depression as a result of the accident may qualify for additional compensation. Pain and suffering damages are subjective and can vary, but they play an important role in determining the total value of your claim.
The Role of Expert Witnesses in Car Accident Cases
Car accident cases can often be complex, especially when determining liability or the extent of injuries. This is where expert witnesses play a crucial role.
Accident Reconstruction Experts
One of the most common types of expert witnesses in car accident cases is the accident reconstruction expert. These professionals analyze the scene of the accident, review vehicle damage, and evaluate physical evidence such as skid marks and debris. Using their expertise, they can recreate the sequence of events leading up to the crash, which helps to determine how the accident occurred and who was at fault.
Medical Experts
Medical experts are essential in car accident cases involving injuries. They can testify about the severity of injuries, the necessary treatments, and how these injuries impact the victim’s quality of life. Medical experts help to establish the link between the accident and the injuries sustained, making their testimony key to securing fair compensation.
Economic Experts
In cases where the victim suffers significant financial losses, economic experts can be called upon to assess the full extent of those damages. They calculate lost wages, future earning potential, and other financial losses related to the accident.
Expert witnesses provide critical information that helps to strengthen your case. Their specialized knowledge can clarify key issues such as fault, injuries, and financial losses, leading to a more favorable outcome for the injured party.
Understanding Comparative Negligence in Car Accident Claims
When it comes to car accident claims, understanding the concept of comparative negligence is crucial. This legal principle can significantly impact the compensation you receive after an accident, especially if both parties share some degree of fault.
What Is Comparative Negligence?
Comparative negligence refers to the legal doctrine that assigns a percentage of fault to each party involved in an accident. Instead of a clear-cut determination of who is at fault, the court evaluates the actions of each driver and determines how much each contributed to the accident. In California, for example, the law uses a “pure comparative negligence” standard, meaning that even if you are found to be 99% at fault, you can still recover 1% of the damages.
How Comparative Negligence Affects Your Claim
Understanding how comparative negligence impacts your car accident claim is essential for achieving a fair settlement.
Assessment of Fault
After an accident, insurance companies and courts will investigate to determine how the accident occurred. They will analyze police reports, witness statements, and any available evidence. Each party’s actions are scrutinized to assign a percentage of fault. Understanding this process is vital as it can directly influence the amount of compensation you can claim.
Impact on Compensation
Your total compensation is calculated based on your percentage of fault. For instance, if you sustained $100,000 in damages but are found to be 20% at fault for the accident, your recoverable damages would be reduced to $80,000. This reduction reflects your responsibility for causing the accident.
Negotiation Strategies
When filing a claim, it is essential to prepare for negotiations with the insurance company. They may attempt to argue that you were more at fault than you believe, which could reduce your settlement offer. Having a skilled attorney from Callahan & Blaine can help you navigate these discussions effectively, ensuring your percentage of fault is minimized.
Litigation Considerations
If a settlement cannot be reached, your case may go to court. In such instances, comparative negligence will play a critical role in how the jury assesses liability. They will evaluate each party’s conduct and determine the compensation accordingly. Having a strong legal advocate can make a significant difference in presenting your case.
Dealing With Uninsured and Underinsured Drivers After a Car Accident
Being involved in a car accident is a stressful and overwhelming experience on its own. However, when the at-fault driver is uninsured or underinsured, the situation becomes even more complicated. In California, where auto insurance is required by law, encountering drivers who are uninsured or underinsured is still common. Knowing how to handle this scenario and understanding your options can make a significant difference in protecting your rights and getting the compensation you deserve.
Understanding Uninsured and Underinsured Motorist Coverage
In California, all drivers are required to carry minimum liability insurance to cover damages in the event of an accident. However, some drivers fail to meet these legal obligations, leaving you vulnerable if they cause a collision. There are two primary categories to consider:
- Uninsured Drivers: These are drivers who do not have any liability insurance coverage.
- Underinsured Drivers: These drivers have insurance, but their policy limits are too low to cover the full extent of damages you have sustained in the accident.
If you find yourself in an accident with an uninsured or underinsured driver, the situation can be frustrating, especially when you are left dealing with medical bills, vehicle repairs, and other expenses. This is where Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage come into play.
How UM and UIM Coverage Works
Uninsured and underinsured motorist coverage is designed to protect you when the at-fault driver does not have sufficient insurance to cover your damages. Here is how it works:
- Uninsured Motorist Coverage (UM): If the driver at fault has no insurance, your own UM policy will cover your medical expenses, lost wages, and other damages up to your policy limits.
- Underinsured Motorist Coverage (UIM): If the at-fault driver has some insurance coverage but it is not enough to cover the full extent of your losses, your UIM policy will cover the difference up to your policy limits.
However, dealing with these types of claims is not always straightforward. Insurance companies may try to minimize payouts or deny coverage altogether. This is why having an experienced attorney on your side is crucial.
Your Options for Recovering Compensation After a Hit-and-Run Accident in California
Being the victim of a hit-and-run accident is a traumatic experience. In California, where traffic can be unpredictable, it is especially frustrating when the at-fault driver flees the scene. Victims of hit-and-run accidents often feel helpless, unsure of what options are available to recover compensation for their injuries and damages. Fortunately, California law provides several ways for victims to seek compensation, even when the at-fault driver cannot be immediately located.
Filing a Police Report
One of the first steps you should take after a hit-and-run accident is to report the incident to the police. A police report is crucial for documenting the accident and may increase the chances of identifying the at-fault driver. Law enforcement will investigate the hit-and-run by checking traffic cameras, interviewing witnesses, and reviewing any available evidence. While locating the driver may take time, a police report helps establish the facts of the accident, which is important when filing an insurance claim.
Utilizing Your Uninsured Motorist (UM) Coverage
In California, uninsured motorist (UM) coverage is one of the most valuable resources for hit-and-run victims. This type of insurance is designed to compensate you when the at-fault driver is either unidentified or uninsured. UM coverage can help cover:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
If the driver responsible for the hit-and-run cannot be identified, your own UM policy will step in to cover your losses. It is important to review your insurance policy to ensure you have UM coverage, as it is not mandatory in California but highly recommended. This coverage can provide a lifeline when the at-fault driver remains unidentified.
Seeking Compensation Through Collision Coverage
If you carry collision coverage as part of your car insurance policy, you can use it to recover compensation for damage to your vehicle after a hit-and-run accident. Collision coverage typically covers the cost of repairs or replacement of your vehicle, regardless of who was at fault for the accident. While using your own collision coverage may result in a deductible, it allows you to avoid the financial burden of repairing your vehicle out of pocket while waiting for the hit-and-run driver to be identified.
Filing a Civil Lawsuit
If the hit-and-run driver is eventually identified, you have the option to file a civil lawsuit to recover damages. This can include compensation for medical expenses, lost wages, pain and suffering, and property damage. However, pursuing a civil lawsuit requires locating the driver and proving their negligence in causing the accident. An experienced attorney can help you navigate the legal process and build a strong case against the at-fault driver.
Why Hire a Lawyer to Help With Your Orange County Car Accident Claim?
The aftermath of a car accident can be overwhelming, but with the help of a trusted accident lawyer at Callahan & Blaine, you do not have to handle it alone. With our complete, unmatched legal services and 40 years of experience, you can focus on recovery while we effectively manage every element of your claim. Additionally, working with our team can benefit your claim in the following ways:
- Proven results: We have secured several multi-million dollar settlements for our clients, and our results speak for themselves. We secured the largest bad faith insurance claim in Orange County history worth $58 million. This shows our ability to take on your claim, no matter how complex.
- Trial experience: While we work hard to settle your claim out of court, our team has highly advanced litigation skills to present your case in trial. Our aggressive litigation style helps us stand up to uncooperative parties and secure the compensation you deserve.
- Insurance expertise: Our Managing Partner, Edward Susolik, is one the nation’s leading insurance experts, with 1,500 mediations in the last 33 years. This extensive understanding of insurance law gives us the ability to negotiate with adjusters using perfected strategies.
With our 29-lawyer team by your side, you can avoid making mistakes, risking a lowball settlement offer, and having a stressful recovery. We take your legal burdens off your plate so you can focus on what matters most.
Seek Justice With the Orange County Car Accident Lawyers at Callahan & Blaine
When facing the aftermath of a car accident, securing the right legal representation is crucial for your peace of mind and receiving compensation. At Callahan & Blaine, we recognize the unique complexities of each case and dedicate ourselves to providing personalized strategies and top-tier legal services.
Our experienced Orange County car accident lawyers are adept at navigating challenging negotiations and taking the legal burdens off your shoulders. With our 40-year legacy and team with advanced negotiation and litigation skills, you feel confident and comfortable navigating the legal process with us. Reach out to us for a consultation by filling out our contact form or calling us at 714-241-4444.
