Valencia Car Accident Lawyer

Car accidents are a common occurrence that can happen anytime, especially when you least expect it. While the aftermath will vary on the severity of the crash, the process of handling a car accident can be overwhelming whether you are dealing with vehicle damage, medical expenses, or insurance companies. But, with legal assistance, you can undergo the process without added stress.

At West Coast Trial Lawyers, we understand the unique challenges that may be presented in a car accident lawsuit, and are readily available to provide the guidance and support you need to build a strong claim against the opposing side. With over 20 years of experience handling personal injury cases, we are confident that our knowledgeable team will get you maximum compensation for the losses you sustained. You can rely on us to get your life back on track.

As a result of our dedication, we have recovered over $1.6 billion in financial compensation for our deserving clients and we will continue to do our duty to represent our clients best interests. No matter what kind of accident you have been involved in, our multilingual legal team will be there every step of the way and answer any questions or concerns you may have regarding your case.

We run on a contingency-fee basis, meaning that you owe us nothing unless we settle your lawsuit. To schedule a FREE initial consultation, you can get in touch with our 24/7 legal team by calling (213) 927-3700 or completing our quick online contact form.

What Is the Root Cause of Car Accidents?

The root cause of car accidents often stems from driver negligence and road conditions. We will specify these particular issues in the sections below, along with what California laws have been established to combat each one.

Distracted Driving

Distracted driving can contribute to car accidents by influencing drivers to look away from the road, leading to delayed reactions and poor decisions. For instance, if a driver is glancing at their phone for a few seconds while traveling at 50 mph, they can miss road hazards and fail to hit the brake in time to avoid a collision. Certain laws were established to reduce the number of distracted driving cases and should any driver violate these laws, they would not only be subjected to a series of tickets, but they can be held liable if they caused the accident in question.

• CVC 23123: Restricts a driver from using a wireless telephone while operating a vehicle unless it is designed to allow hands-free listening and talking.
• CVC 23123.5: Prohibits individuals from holding and operating a handheld telephone or an electronic wireless communications device to text or email while driving unless either of these allow voice-operated and hands-free operation.
• CVC 23124: Prevents minors from using any kind of electronic device, even if it has a hands-free feature.

Speeding

Similar to distracted driving, speeding can also lessen a driver’s ability to react promptly to road hazards or abrupt movements made by other vehicles. Depending on the speed, drivers may lose control and cause a serious accident to occur, while the aftermath is dependent on the intensity of the impact, any speeding accident can result in serious accidents and injuries.

Below are some regulations that are enforced to prevent drivers from traveling at dangerous speeds:

• CVC 22349: No individual should drive faster than 65 mph on most highways unless another law allows higher speeds. On two-lane, undivided highways, the maximum speed you can reach is 55 mph unless a higher limit has been posted by the Department of Transportation (DOT) or appropriate local agency. An engineering and traffic survey will need to be conducted to determine if higher speeds are safe.
• CVC 22350: If you are presented with certain conditions that make it unsafe to drive at the posted limit, you will need to adjust your speed. If you do not do this, you can be cited for speeding.
• CVC 22356: The Department of Transportation (Caltrans), after consultation with the Department of the California Highway Patrol (CHP), can establish a higher speed limit, up to 70 mph, on certain state highways if doing so would be safe and promote smooth traffic flow as long as it complies with federal law. Once the speed limit is posted, no drivers can go faster than 70 mph, as posted.

Impaired Driving

Individuals who consume alcoholic beverages or drugs will experience side effects that can alter their thought process, making it difficult to properly operate a vehicle and focus on the road simultaneously. Other additional issues that can arise are loss of coordination and blurred vision and these conditions can drastically increase the chances of getting into a car accident. Due to the nature of DUI accidents, certain laws that have been created to prevent impaired driving such as the following:

• CVC 23152(a): You cannot drive if you are under the influence of alcohol.
• CVC 23152(b): It is illegal for a person to have a blood alcohol concentration (BAC) of 0.08 percent or higher while operating a vehicle. Even if your BAC is below the limit, legal repercussions may still be enforced.
• CVC 23152(f): Driving is not allowed if you have taken a drug substance that impairs your ability to travel safely on the road.
• CVC 23152(g): You are restricted from operating a vehicle if you are under the combined influence of drugs and alcohol.

Mechanical Errors

Vehicles that have not been properly manufactured or maintained can lead to sudden issues that can cause a car accident. For instance, if the brake system fails or is non-responsive, a driver cannot stop in time to avoid an accident. In such a case, liable parties will vary. The driver has the responsibility of keeping the vehicle in safe condition. If the incident happened because of neglected maintenance, they could be found at fault for failing to take proper care of the vehicle.

On the other hand, if a car accident happened due to a defective part, like faulty brakes or steering, the manufacturer may be held accountable if it can be proven that the flaw existed prior to the vehicle being sold. In this particular situation, you would have to file a product liability claim, and will need to prove that their negligence directly caused you to sustain damages.

However, if poor repairs or improper maintenance were performed by a negligent/reckless mechanic or a repair shop, legal action can be taken against them for the crash, especially if it appears obvious that their services were badly executed. Ultimately, liability involving mechanical failures can be tricky to determine, but you can reach out to West Coast Trial Lawyers and we can assess the details provided and identify the responsible party. From there, we will work tirelessly on your behalf to make sure you secure a fair settlement.

Road Hazards

Road hazards, like potholes and debris, can create dangerous conditions for drivers. It is encouraged for individuals to make appropriate decisions that will allow them to bypass the affected area safely to reduce the likelihood of an accident. The government entity in charge of the damaged site will need to respond to the matter in a reasonable time frame to ensure no drivers are harmed.

Under GOV 835, a public entity can be held responsible for injuries caused by dangerous conditions if the following is proven:

• The property was hazardous at the time of the injury.
• There is a clear connection between the road condition and the car accident.
• The public entity was given notice of the hazard, and had enough time prior to the injury to have taken proactive measures to resolve the issue.

What Are the Most Common Injuries Sustained Through a Vehicle Collision?

Bodily harm in a vehicle collision will vary depending on the severity of contact. The most common types that occur include:

• Broken bones
• Brain injuries
• Spinal cord injuries
• Whiplash
• Bruising and scarring

Steps to Take After a Car Accident

Knowing what steps to take in the aftermath of a car accident can help protect your rights and secure the compensation you deserve for any losses incurred. As such, if you have been involved in a car accident, it is imperative that you follow these steps to ensure that everyone’s safety is guaranteed and that you won’t face any liability for reckless negligence. 

Contact 911

If you or other parties involved in the car accident were harmed, you should contact local authorities right away. The police will arrive and conduct a written report about the incident. Paramedics will also show up to provide medical care to injured individuals.

Exchange Information

Be sure to exchange contact, insurance, and vehicle information with all parties involved in the car accident.

Gather Evidence

Try to gather as much evidence as you can, like:

• Photos of your injury, damages, and the accident scene
• CCTV footage
• Witness statements
• A copy of the police report and your medical records

Seek Medical Attention

Seeking medical attention soon after the car accident is important. Some forms of bodily harm are not immediately apparent and a medical professional can evaluate your condition to detect any notable concerns and provide a diagnosis to help prevent it from worsening. 

Minor outcomes may only require minimal care whereas severe injuries will involve extensive treatment to improve quality of life. Your doctor visits, medical prescriptions, and/or surgical procedures will be documented and saved on file. You can request copies of these reports to use as evidence in your personal injury claim.

Speak to a Valencia Personal Injury Attorney

Speaking to one of our Valencia personal injury attorneys is beneficial as you can get legal insight on how to move forward with your car accident case. Our team will ensure you:

• Understand your rights and options
• Focus on your recovery while we manage the legal complexities
• Meet deadlines to prevent you from losing your right to sue
• Are represented in court if your case heads to trial

Our primary goal is to maximize your chances of recovering fair compensation, and give you a peace of mind during such a challenging time.

How Does an Insurance Company Handle Car Accident Claims?

When handling car accident claims, insurance companies will assign an adjuster to assess the situation by:

• Reviewing the police report
• Interviewing all involved parties
• Inspecting vehicle damage
• Considering medical records

The adjuster will then determine fault and calculate the value of your claim. Typically, they will minimize the offer to reduce the amount they pay out. But, with the help of our Valencia personal injury lawyers, we can negotiate on your behalf to make sure you are granted a fair settlement.

Time Limit to File a Car Accident Lawsuit

According to section 335.1 of California Code of Civil Procedure, car accident lawsuits must be filed within two years from the date of when the incident occurred. Any failure to file a claim within the two year mark will result in the statute of limitations taking effect and the injured party will no longer be entitled to recover damages. With that in mind, it is vital that accident victims try to gather substantial evidence to strengthen your claim as soon as possible, because depending on the nature of the accident, some evidence may cause delays.

Financial Compensation Available for Car Accident Victims

Car accident victims are entitled to several types of compensation depending on the unique circumstances presented. The following factors will be considered when accumulating the value of your settlement:

• The extent of your injury
• Degree of fault
• Current and future medical bills
• Lost wages and earning capacity

To get an estimate of what you could be owed, you can use our personal injury settlement calculator by inputting the expenses caused by the car accident. However, in most cases, compensatory damages are awarded. This is categorized into: economic damages and non-economic damages.

Economic Damages

Economic damages are financial expenses you incurred as a result of the car accident, like:

• Hospital fees
• Lost income
• Property damage

Non-Economic Damages

Non-economic damages are intangible losses that are difficult to measure in monetary terms, such as:

• Emotional distress
• Loss of enjoyment of life
• Pain and suffering

Schedule Your FREE Case Evaluation Today

If you were involved in a car accident due to someone else’s negligence, you may be entitled to seek compensation. At West Coast Trial Lawyers, we will provide personalized legal services to ensure we meet or exceed your legal needs and expectations.

To schedule a FREE consultation with a Valencia car accident lawyer, you can connect with our 24/7 legal team by calling (213) 927-3700 or filling out our easy online contact form.