
Fullerton Car Accident Lawyer
Car accidents can happen when you least expect it to, leaving you to deal with physical injuries, emotional trauma, and financial burdens. Whether it’s a crash on Harbor Boulevard or Chapman Avenue, these events can disrupt your life in ways you never anticipated, from costly repairs to medical expenses. This can be a lot to take in, especially if you are also in the process of filing a lawsuit against the responsible party.
But, with the help of West Coast Trial Lawyers, you can rely on our expertise and knowledge while you focus on recovering with a peace of mind. Our team brings over 20 years of experience in personal injury law, and a strong track record of delivering client satisfaction. With our ongoing success, we are confident that we will get you the compensation you deserve for your losses.
We run on a contingency-fee basis, meaning that you owe us nothing unless we settle your case. To schedule a FREE consultation, you can get in touch with our 24/7 legal team by calling (213) 927-3700 or filling out our quick online contact form.
Common Causes of Fullerton Car Accident Cases
Most car accidents in Fullerton can be triggered by various factors, ranging from distracted driving to speeding on busy streets, like Euclid Street and Orangethorpe Avenue. Let’s take a look at these issues, along with others that can contribute to such an outcome.
Distracted Driving
Drivers are required to pay attention to the road. If you are allowing distractions, like texting or eating, to divert your focus while operating a vehicle, you may increase the risk of an accident. Performing such activities will reduce your reaction time to abrupt changes, and will influence you to make poor decisions.
To combat this issue, California has enforced the following laws:
- CVC 23123: A driver cannot use a handheld wireless telephone while driving.
- CVC 23123.5: It is prohibited for drivers to use handheld devices or electronic communication devices when driving unless it is hands-free. This includes texting or emailing.
- CVC 23124: Drivers under 18 are restricted from using a cell phone, even if it has hands-free voice-operated features available.
Speeding
Speeding can affect a driver’s ability to properly navigate themselves on the road. This especially applies if you are making a sharp turn or sudden stop. The result may cause you to lose control or have less time to respond to other vehicles or hazards.
Under CVC 22350, no driver should go faster than what is safe for the conditions of the road regardless of the posted speed limit. If you are caught violating this regulation, you can be cited. In addition, CVC 22349 states that maximum speed limits are 65 mph on most highways, and can increase to 70 mph in certain areas unless otherwise posted.
Driving While Under the Influence
Driving while under the influence of drugs or alcohol is dangerous as it can obstruct a person’s ability to safely control a vehicle. Impairment can:
- Reduce coordination
- Delay your response to sudden events
- Distort perception of speed and distance
Either of these can lead to a higher risk of reckless actions, which can ultimately cause a car accident.
Fatigue
Operating a vehicle without having enough rest can affect a driver’s:
- Concentration
- Reaction time
- Decision-making
When a person is tired, they will not be as alert of their surroundings, making it harder for them to notice hazards or respond to them in a timely manner. Fatigue can also trigger a driver to fall asleep without realizing it, causing them to lose control over the vehicle.
Mechanical Errors
Drivers using a defective vehicle will encounter issues that can risk their safety. For instance, if the brakes are unresponsive, stopping in time to avoid a collision will be practically impossible. Regular maintenance checks and inspections are heavily encouraged to prevent these from happening.
What to Do After a Car Accident
After a car accident, try to remain calm and take the necessary steps sectioned below to protect your safety and your rights.
Contact Local Authorities
If you notice injuries or damages, you should contact local authorities for emergency assistance. Police will arrive at the accident scene and conduct a written report. Paramedics will also show up to assist affected parties.
Exchange Information
Be sure to exchange contact, vehicle, and insurance information with all parties involved.
Seek Medical Attention
Even if you believe you sustained minor harm, you should still get yourself evaluated by a medical professional. Any detection of bodily damage will be documented, and a diagnosis will later be shared. After that, a treatment plan will be created to help with your recovery.
Gather Evidence
Try to gather as much evidence as you can to help strengthen your car accident claim. This includes the following:
- Photos of your injuries, damages, and the accident scene
- CCTV footage
- Witness statements
- A copy of the police report and your medical records
Consult with a Fullerton Car Accident Lawyer
Consulting with a Fullerton car accident lawyer is important because they can guide you through the legal process to ensure you do not make any mistakes that could impact your settlement value. At West Coast Trial Lawyers, our team will protect your rights and advocate on your behalf to make sure you get maximum compensation. With our help, you may have a higher likelihood of securing favorable results, especially if you sustained serious injuries or substantial property damage.
Determining Liability
Determining liability in a car accident will require you to gather evidence to support your claim. It should reflect the elements of negligence, which include the following:
- The defendant owed you a duty of care
- The defendant failed to uphold their duty of care
- The defendant’s recklessness was the main cause of your injury
- You sustained losses, like medical bills or emotional distress, as a result
Under California’s comparative negligence rule, if both parties share fault, compensation will be reduced according to each individual’s level of responsibility. So, if you are 30 percent at fault for the car accident, your pay will be adjusted accordingly.
In cases where liability is unclear, you can reach out to our Fullerton personal injury attorneys to help investigate the situation and pinpoint the at fault individual or entity, ensuring you receive fair compensation for the damages you incurred.
Understanding Insurance Coverage in a Car Accident
Navigating insurance policies after a car accident can be difficult, especially if you are dealing with unexpected harm and losses. Knowing the different types of coverages listed below can help ensure you are financially prepared to handle the aftermath of such a collision.
- Liability insurance is a type of coverage that protects individuals and entities from financial losses if they are found at fault for hurting someone else, their property, or both. It does not compensate for injuries or property damage sustained by the policyholder.
- Collision insurance covers vehicle repair and replacement costs if it gets damaged in an accident regardless of who is at fault.
- Comprehensive insurance compensates for damages done to your vehicle caused by non-collision-related incidents, like natural disasters, theft, or vandalism.
- Uninsured/Underinsured Motorist (UM/UIM) coverage protects you against drivers who have little to no insurance.
- Personal Injury Protection (PIP) pays for medical bills and other costs related to injuries you sustained in a car accident regardless of liability. It is often referred to as “no-fault insurance” because it helps cover you and other vehicle occupants without needing to prove accountability.
- Medical Payments Coverage (MedPay) is an optional auto insurance policy that covers medical and funeral expenses from a car accident regardless of fault. It gives additional financial protection for the policyholder and the other vehicle occupants.
The Role of a Fullerton Car Accident Lawyer
A Fullerton personal injury lawyer has the ability to navigate you through a car accident lawsuit. Specific responsibilities include the following:
- Evaluate your case
- Provide legal advice throughout the process to help you make informed decisions
- Calculate the cost of damages you sustained
- Ensure necessary documents are submitted on time
- Negotiate with the insurance company
- Represent you in court if your case heads to trial
Acquiring legal representation is important to defend your rights and maximize your compensation after a car accident. With our guidance and support, rest assured your insurance claims and legal proceedings will be handled with great care. Our team will work diligently to get you the best outcome possible while you focus on healing without added stress.
Schedule a FREE Consultation with West Coast Trial Lawyers Today
Car accident victims are entitled to seek compensation for losses sustained by a negligent individual or entity. At West Coast Trial Lawyers, our knowledgeable Fullerton personal injury attorneys are readily available to assist with motor vehicle accidents. We will evaluate the information presented, identify the at fault party, and pursue legal action to get you a fair settlement.
To schedule a FREE consultation, you can get in touch with us by calling (213) 927-3700 or completing our easy online contact form. We are available 24/7 to answer phone calls and form submissions.
Frequently Asked Questions About Car Accidents
What Is the Time Limit to File a Car Accident Claim?
According to California law, you will be granted two years from the date of when the car accident occurred to file a personal injury lawsuit. Try to gather substantial evidence and seek the right legal representative to defend your rights. Failing to fulfill these duties in a timely manner can trigger delays. And if you happen to exceed the statute of limitations, you will no longer be qualified to secure compensation.
Who Can File a Wrongful Death Claim After a Car Accident?
Under California Civil Code of Procedure 377.60, certain individuals are eligible to file a wrongful death claim after a car accident. This includes the following:
- Spouse or domestic partner
- Biological, adopted, or stepchildren
- Parents
- Other family members who are financially dependent on the deceased person
Similar to a car accident case, you will be given two years to sue. But, the discovery rule may apply, meaning that the time limit will begin when you discover or reasonably should have discovered that your loved one’s death was caused by someone else’s negligence.
Below are some damages that may be awarded in a wrongful death lawsuit:
- Medical bills
- Funeral and burial costs
- Loss of financial support
- Loss of consortium
- Emotional distress
What Is a Reasonable Settlement Offer?
A reasonable settlement offer in a car accident case is one that fairly compensates you for the injuries and damages you endured based on the facts presented. Several elements will be taken into consideration:
- The severity of your injury
- Percentage of fault
- Current and future medical expenses
- Lost wages and earning capacity
To learn what you could be entitled to, you can use our personal injury settlement calculator by inputting the losses you incurred from the car accident.
Your legal representative will assess the offer provided, and if it seems too low, negotiations will be made to ensure your damages are fully compensated.
What Happens if Police Do Not Show Up to an Accident?
If police do not show up to a car accident scene that involves injuries, fatalities, or damages, you can submit a report online or in-person at the station. Keep records of contact made with police, including the time and names of officers you communicated with. This is important as it will document the incident, and could potentially support your insurance claim.
Can I Claim Emotional Distress From a Car Accident?
You can claim emotional distress from a car accident. But, you will need the provide the following evidence:
- Medical records
- Personal journal highlighting your emotions and daily struggles
- Witness statements
Consulting with our Fullerton personal injury lawyers can help you understand what would be the best course of action to take to ensure you get full and fair compensation.
