Costa Mesa Car Accident Lawyers
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Costa Mesa Car Accident Lawyers Committed To Giving Your Case Support
Costa Mesa is a vibrant city located in Orange County, California. The town is a great place to live. There are many economic opportunities for workers, including manufacturing, retail, and other commerce. Costa Mesa also has a rich culture that citizens and visitors can immerse themselves in, like commercial and entertainment centers throughout the city.
However, if you get into a car accident, it can be challenging to focus on these opportunities. At such times, you may wish to have a legal team on your side. If you’ve been in a crash in Costa Mesa, our skilled Costa Mesa car accident lawyers are here to explain how you might pursue compensation for your losses. Contact us for a free initial consultation.
Our experience involves helping clients handle car accident claims, including providing access to medical treatment, accounting for lost income, and considering other damages incurred in a crash. Having a car accident lawyer in Costa Mesa working on your behalf may help you in similar ways.
The Costa Mesa car accident lawyers at Arash Law can use that experience as they work to build your case, guide you through the claims process, help you gather evidence, and present your case in court if necessary.
Our attorneys are committed to helping victims focus on their recovery while we handle the legal side of their accident. If you or your loved one has suffered an injury in a car accident in Costa Mesa, call us at (888) 488-1391 or complete our “Do I Have A Case?” form here to schedule a free, no-obligation first case evaluation. We look forward to hearing from you.
Our client was stopped at a two-way stop sign before proceeding into an intersection where he was struck by a police cruiser traveling 70 mph, resulting in serious injuries.– ARASH KHORSANDI
Most Common Areas For Traffic Accidents In Costa Mesa
A car accident can happen on any street where drivers, motorcyclists, cyclists, and pedestrians share the road. However, in Costa Mesa, there are some areas where the likelihood of traffic accidents is higher. In Costa Mesa, these congested intersections are likely to see more crashes than other areas:
- Adams Avenue and Harbor Boulevard
- Harbor Boulevard and Gisler Avenue
- Victoria Street and Pomona Avenue
- Del Mar Avenue and Newport Boulevard
- Pomona Avenue and Victoria Street
Costa Mesa Traffic Accident Statistics
According to the California Highway Patrol Statewide System, the number of Costa Mesa traffic accidents is notably high and may continue to increase annually. The data shows that there were at least 850 traffic accidents that caused severe injuries, including fatalities.
The California Highway Patrol Office adds that though car accidents in Costa Mesa can happen for many reasons, some are more common than others. If you were injured in an accident caused by one of the following, you may have a valid claim for compensation.
Common Causes Of Car Accidents In Costa Mesa, California
Driving Under The Influence
Operating your vehicle while under the influence can lead to deadly accidents or accidents that leave victims with severe injuries and permanent disabilities. Driving under the influence is a common cause of fatal traffic crashes each year across the United States. According to the National Highway Traffic Safety Administration:
- Thirty-two people die every day in drunk driving accidents.
- In 2020, 11,654 people died in drunk driving accidents (a 14 percent increase from 2019).
Driving while under the influence slows a driver’s reaction time and reduces their ability to brake, swerve to avoid other cars, and exercise quick judgment to avoid accidents.
Speeding
Speeding is one of the most common causes of traffic accidents that end in fatalities. Driving faster than the posted limit can cause some of the following issues:
- Reduces the effectiveness of the vehicle’s safety equipment (i.e., seatbelts and airbags)
- Reduces the reaction time of the driver
- Increases the distance the vehicle needs to come to a complete stop
- Compounds the impact and, therefore, the severity of the crash
Distracted Driving
Distracted driving includes anything that will take your attention off the task of driving. Anything that takes your mind or eyes off the road or your hands off the wheel can lead to an injury-causing accident.
Texting while driving is among the most common types of distracted driving. It is against the law in Costa Mesa and throughout the state. According to the California Office of Traffic Safety, drivers can expect a hefty fine if they are caught texting and driving.
Risky Driving
Risky driving is a form of recklessness. Drivers should avoid such behavior because failure to do so can lead to accidents. Examples of risky driving include:
- Fatigued driving
- Improper passing
- Wrong-way driving
- Tailgating
- Unsafe lane changes
What Should I Do After Getting Into A Car Accident In Costa Mesa?
The steps you take immediately after a car accident are important. They can have a major impact on not just your short-term well-being but also your potential, long-term ability to file an injury claim. With that in mind, here are some examples of actions to take after a car accident:
Get Medical Attention
After an impact, make sure you are okay physically. The most important thing is that you are well. If you or your passengers suffer an injury, get medical attention immediately. There are conditions you may be suffering from that cannot be detected unless you have a physical examination (i.e., head injuries, internal bleeding, etc.). Contemporaneous medical care can also be beneficial to your case. Connecting the crash to your injuries may help you and your attorney prove that the other driver’s actions caused your damages.
Gather As Much Information As You Can
If you are able, try to get the other driver’s information as well as their passenger’s information. Doing so can help your attorney reach out and complete their investigation. Similarly, speaking to eyewitnesses to the crash and collecting their contact information means they can potentially provide testimony that supports your case later on.
Contact An Attorney
Contacting a skilled car accident attorney in Costa Mesa can help you learn how to protect your rights after an accident. If you’re able to file a lawsuit, they can also help you comply with the specific procedural rules involved in the claims process. Finally, your attorney can answer questions you may have about the legal aspects of your accident.
How Do I Prove My Car Accident Claim?
Every car accident lawsuit is based on a claim for negligence. There are four elements of negligence that must be proven for an accident plaintiff to seek damages. An experienced Costa Mesa car accident lawyer can help you identify these elements in your accident to support your case.
Duty
Each driver has a duty of reasonable care when operating their vehicle. Drivers must share the road with others and avoid accidents to prevent injuries. It is necessary for the plaintiff to show that the defendant had a legal duty to them to prove this element of negligence.
Breach
A plaintiff must prove that the defendant failed to live up to their duty of reasonable care. A breach happens when a driver unsafely operates the vehicle. Examples of breach of the duty of reasonable care include driving while fatigued, driving under the influence, texting while driving, running a red light, and taking your eyes off the road while driving.
Cause
The plaintiff must show that the breach of duty caused the accident. Usually, the plaintiff must prove that if the defendant had not acted in the way they did, the accident would not have happened.
Damages
For your claim to be valid, all elements of negligence must be proven. If an accident victim does not prove that they suffered injuries, losses, or other damages due to an accident, they may not be able to establish this particular element. There are different damages that can be cited here, including physical and emotional harm.
How Does The Investigative Process Work?
The investigative process after a car accident begins with filing an accident report with the Costa Mesa police department. Your insurance company may require you to file an accident report to comply with your policy.
The police report often serves as the first finding of what happened and provides initial conclusions about liability. It will include the officer’s narrative about the accident. They may record the drivers’ and witnesses’ names and recover their statements. Additionally, if the accident happened in an area where traffic camera footage is available, the police will gather that evidence, too.
Each insurance company will conduct its investigation as well. It will likely start with the police report to determine liability. The other driver’s insurance company representative may try to reach out to you as they complete the investigation. However, it might not be a good idea to do so without first speaking to a Costa Mesa car accident lawyer. They can help you avoid making statements that may be misconstrued as admitting fault for the accident.
Your attorney and their team can conduct an independent investigation, too. This can involve reviewing the accident report and each insurance company’s findings, interviewing witnesses, visiting the accident scene, and recreating the crash to better understand the circumstances surrounding it. When gathering evidence to support your case, your attorney may focus on answering the following questions:
- How did the accident happen?
- Who are the responsible parties?
- Why did the person perform that action?
What Damages Are Available In Costa Mesa Car Accident Cases?
Damages refer to the payment the victim may be able to seek for the losses they incurred. There are three general categories of damages: economic, non-economic, and punitive. These are explained in more detail below:
Economic Damages
Economic damages include tangible losses an accident victim incurs because of the accident. Examples include current and future medical bills, current and future lost income, loss of earning capacity, the cost of acquiring assistive devices, property damage, etc.
Non-Economic Damages
Non-economic damages include intangible losses. These can be more difficult to prove. Examples include pain and suffering, loss of enjoyment of life, loss of consortium, inconvenience, temporary or permanent disability, etc.
Punitive Damages
In exceptional circumstances, punitive damages are awarded to accident plaintiffs when the defendant’s actions are considered extremely negligent or recklessly indifferent. The availability and amount of punitive damages depend on state law. Per California Civil Code section 3294, a plaintiff may be entitled to them in cases of malice, fraud, and oppression. They may be awarded in addition to economic and non-economic damages.
Settlement in a motor vehicle accident where a client was rear-ended on the freeway after his vehicle broke down; client suffered spinal injuries– JUDD ROSS ALLEN
How Much Compensation Can I Pursue As An Accident Victim In Costa Mesa?
Every case is different. The potential value of the compensation you pursue will vary based on the facts of your case. However, if your claim is similar to ones we’ve handled in the past, that may help guide us when estimating how much it might be worth.
Regardless, we can help you understand the extent of your losses and how they may affect your life in the short and long term. Examples of facts that can impact the value of your settlement include the following:
- Your specific circumstances – Depending on your demographic, you may have a stronger case for damages. For example, a person at the height of their career who becomes disabled after an accident may experience more loss than someone nearing retirement. A victim considered the sole financial provider for their family may also have a stronger claim for damages than a single person with no children.
- Your patience during negotiations – If they wish to pursue compensation that closely reflects their losses, accident victims may find it helpful not to respond to an initial settlement offer before speaking with an attorney. Consider giving your injuries time to heal. That way, you have a good idea about how your injuries might affect your life moving forward and the extent of your medical bills, lost income, etc.
- Your level of liability – Some states bar an accident plaintiff from seeking damages if they are assigned any percentage of fault. California is a comparative negligence state, which means that even if an accident victim is somewhat at fault, they may still be able to pursue compensation.
What Is Comparative Negligence?
Comparative negligence is a legal doctrine that allows victims to seek damages even if they are up to 99 percent at fault for causing their accident. When an injured driver is partially responsible for an accident, their financial settlement will be reduced accordingly. For instance, if a jury decides the total damages are $100,000 and the accident victim is 50 percent at fault, they may only be entitled to $50,000 of a final settlement award.
Why Should I Hire An Accident Attorney?
Partnering with an accident attorney can help you better understand how to safeguard your rights following a car crash. That can include reviewing your case and guiding you through the process of filing a lawsuit. Our Costa Mesa car accident lawyers can further help you make informed decisions on which actions to take next.
If you have a case and decide to have an accident attorney handle it, you may also gain access to resources like expert medical witnesses and accident reconstructionists who can provide treatment or support your claim further. Experienced Costa Mesa car accident lawyers can also negotiate settlements with insurance companies on your behalf.
What Can I Expect From A Car Accident Case In Costa Mesa?
Understanding the following steps after an accident can help you know what to expect from an accident case.
Free First Case Evaluation
During this time, you can speak to one of our Costa Mesa car accident lawyers about the facts surrounding your case. Feel free to ask questions about how a successful injury case is built, what evidence you need to prove your claim, what compensation you can expect, and the challenges you may face during the claims process.
Discuss All Potential Sources of Liability
At the beginning of your case, consider openly discussing your potential fault for your car accident with your lawyer. That way, they can build their case strategy with California’s comparative negligence law in mind.
In addition, you can go over every other potential source of liability with your attorney. Traffic accidents may have many defendants. Road users, companies, and even public institutions can share responsibility for causing a crash. Potential defendants in car accident cases include:
- The driver who hits you
- Additional drivers in a multi-car accident
- Government entities
- Companies or employers, if an employee is working at the time of the accident
Determine Your Damages
Many traffic accident plaintiffs might be unaware of the damages they may be entitled to seek. An experienced car accident attorney can help you understand the extent of your losses and what you may be able to pursue in a lawsuit. These can include:
- Current and future medical bills
- Current and future lost income
- Lost earning capacity
- Loss of enjoyment of life
- Loss of consortium
- Temporary and permanent disability
File An Insurance Claim
You will have to file an insurance claim with the other driver’s insurance company. Consider having Costa Mesa car accident lawyers assist you in this matter.
In addition to working with the other driver’s insurance company, you may need to file an uninsured/underinsured motorist claim with your insurance company if you are in an accident with an uninsured motorist or an insured driver whose policy limits are too low to cover all your injuries.
Uninsured/underinsured motorist insurance is not available unless the previously stated conditions are met. Some states allow policy owners to opt out of uninsured/underinsured motorist insurance coverage, but it is a good idea to carry it on your policy to protect yourself from damages not covered by other drivers.
Take Care Of The Legal Side Of Things
Filing a civil lawsuit with the assistance of an experienced accident attorney can help you avoid or prepare for the technical and procedural problems that could affect your case. In civil litigation, there are many procedural rules that must be followed when a lawsuit is pending. Breaking a procedural rule can be fatal to your accident claim. After a crash, your Costa Mesa accident lawyer may offer crucial help in safeguarding your rights.
Represent You At Trial
If your claim cannot be settled out of court, it may have to be taken to trial. Trial advocacy is a special skill, and you may wish to have someone with courtroom experience handle your case for you. In this scenario, a Costa Mesa car accident lawyer can assist with filing the first pleading, motions, opening and closing arguments, preparing witnesses for trial, and ultimately advocating for an injured victim’s rights to the judge or jury.
Contact Our Costa Mesa Car Accident Lawyers For Legal Help That Puts You First
The Costa Mesa car accident attorneys at Arash Law are committed to helping people in California discover their legal options after being injured in a car crash. We extend that support to victims in Costa Mesa and surrounding communities, including Aliso Viejo, Anaheim, Laguna Woods, Stanton, Laguna Beach, Tustin, Tustin Foothills, Orange, Westminster, Garden Grove, Santa Ana, Huntington Beach, Irvine, Fountain Valley, and Newport Beach.
If you or a loved one has suffered an injury in a traffic accident in California, contact our office at (888) 488-1391 or reach out to us via our online form. We look forward to speaking with you and discussing how to protect your rights after an accident.
