Newport Beach, CA Car Accident Lawyer
When negligent drivers cause accidents on the road, they can be held responsible. Insurance companies often work to protect their drivers from liability, cutting down their own liability in the process. This means you should work with a lawyer of your own to get the damages you need.
Our lawyers can represent you, stand up to insurance, and fight for the damages you deserve. Never try to accept a settlement from the insurance company on your own before discussing your case with us.
Contact the car accident lawyers at the Law Office of John J. Perlstein for a free case evaluation: (213) 252-1070.
How Do You Prove a Driver is at Fault?
For you to hold another driver responsible for a crash, you need to prove that what they did meets the elements of a “negligence” case. This requires evidence of that wrongdoing.
Elements of Negligence
A driver is at fault for a crash if they meet all of these elements:
- They owed a legal duty, often based on an explicit traffic law.
- They violated that duty.
- That violation actually caused the accident.
- That accident resulted in damages and injuries.
Examples
Many breaches of duty are based on specific traffic laws, such as the laws governing
- Speeding
- Failing to yield
- Drunk driving
- Distracted driving
- Stop signs and red lights
Alternatively, any driving that falls below the standard of what a reasonable driver would do in that situation is also considered a breach of duty. This covers nearly any unreasonable activity that might not be explicitly illegal under another law.
Evidence Needed
You must prove what happened. Your testimony and other eyewitness testimony is a big part of this, but photos, proof of vehicle damage, and even video of the crash make your case even stronger.
You also need proof of damages from bills, receipts, medical records, and your testimony.
Who Can Be at Fault in a Car Accident?
Car accidents are often blamed on one or more people.
One Driver
It may be that the only other driver in your crash was 100% to blame for the accident. In these cases, there may be obvious evidence of their fault that makes it hard for them to deny fault or shift the blame.
Multiple Drivers
Other cases involve more than one driver who was at fault. It may be that their actions combined to cause a crash, and we cannot separate out who was responsible for what percentage of fault. More likely, courts and insurance companies can piece out how much each driver contributed and give them each a percentage of the blame.
Partial Fault for You
You may be considered partially at fault, too. In many cases, this will reduce your total damages by your percentage of the fault, but it will not block you from suing.
This means you could be found something like 60% at fault for your own accident, and you would lose 60% of the damages, but you can still recover the other 40% from the driver responsible for that 40% of the blame. Many states block you at or beyond 50% of the damages, but California does not.
No Passenger Fault
Passengers are not in control of the vehicle and cannot be blamed for a crash. If they grabbed the wheel or something like that, they would instead be the driver and could be blamed.
This means victims who were passengers usually cannot be held partially at fault.
What Damages Can You Get in a Car Accident Case?
“Compensatory damages” pay you back for the harms you faced. These usually come in two types you can claim in your case.
Economic Damages
Damages are “economic” if they stem from expenses and monetary costs you face because of the accident. This includes things like
- Medical bills
- Therapy costs
- Lost wages
- Lost future earnings
- Vehicle repair costs
- Other costs and expenses
These damages can be calculated using the bills, records, and receipts of their costs. For future costs, such as medical care and lost wages, we can talk to experts about how much they will cost and use actuarial tables and inflation calculations to help us determine the final value.
Non-Economic Damages
Non-economic damages represent the harm you face personally, such as
- Physical pain
- Mental anguish
- Emotional distress
- Embarrassment
- Feelings of loss
- Hopelessness
- And more.
These have no cost from receipts or bills, but we can put a price on these damages based on how severe they were. A bigger effect on your life means higher damages.
How Long Do You Have to File?
California law gives victims 2 years to file an injury claim. This includes car accident cases.
Insurance might have shorter deadlines for notice and claims.
What is a Case Worth?
Every case is unique. It is important to look at what specific damages you suffered and their values. For example, you can claim the value of all hospital care, follow-up appointments, and rehab you faced, which might be very different than someone with different injuries.
Always work with a lawyer instead of trusting the insurance companies or defendant to come up with a correct value.
How Long Does a Car Accident Case Take?
If your case settles through insurance, it may take a few months. Most cases that need to be filed in a lawsuit take at least 8-12 months before the case is in court, then they can take 1-2 years after that to go to trial. However, most cases do settle well before trial.
Does Your Own Insurance Cover Anything?
We use an at-fault system in California, meaning the at-fault driver’s insurance covers the accident. However, you may have optional add-ons on your policy that will pay for additional damages regardless of fault. Using these can lower your final recovery, since your insurance company is allowed to claw back the amounts they paid from your winnings in a “subrogation” claim.
If the other driver’s insurance is too low or they are uninsured, you may also have uninsured/underinsured motorist coverage on your policy to cover some of the damages they did not pay for.
Call Our Car Accident Lawyers in Newport Beach Today
For your free case review, call (213) 252-1070 to speak with the car accident lawyers at the Law Office of John J. Perlstein.