Huntington Beach Auto Accident Lawyers
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Huntington Beach Auto Accident Lawyers Help Injured Victims Understand Their Rights
Have you been injured in an auto accident? A Huntington Beach auto accident lawyer can help you navigate the claims process. Our team at Arash Law provides a free initial consultation to help you understand your rights so you can make informed decisions along the way. Contact us at (888) 488-1391 to schedule a meeting.
About 35 miles southeast of Downtown Los Angeles, you will find Huntington Beach. It is located in Orange County, California. As of 2022, the Census reports a population of 194,310, making it the fourth most populous city in Orange County. The Pacific Ocean, Seal Beach, Chica Basin State Marine Conservation Area, Fountain Valley, and Westminster border Huntington Beach. Auto accidents are thus likely to occur at various spots throughout the city.
People suffered injuries or were killed daily in Huntington Beach auto accidents on roads, highways, and freeways. These crashes are the most common cause of injuries in California and nationwide. About 50 of every 100,000 California residents suffer an injury or are killed annually in auto collisions. Collisions may cause significant emotional, physical, and financial tolls on victims and their loved ones.
Being in an auto accident in Huntington Beach can potentially result in property damage and severe injuries. Victims may also incur other losses. Injury victims may wish to understand their rights and options during this challenging time. The Huntington Beach auto accident lawyers from the injury firm of Arash Law can provide information on legal recourse available.
Settlement in a motor vehicle accident; client suffered internal injuries– JUDD ROSS ALLEN
Huntington Beach Auto Accident Statistics
Huntington Beach is beautiful, but also one of the busiest areas in Orange County. Metropolitan areas have the inherent risk of injury in traffic accidents. With more residents, there are more vehicles and, therefore, a higher risk of auto accidents on Huntington Beach roads. The California Highway Patrol reports 10 deaths and over 1,000 injuries yearly in Huntington Beach.
Additional statistics include:
- Five pedestrian deaths from auto accidents
- 44 pedestrians injured in auto collisions
- One bicyclist fatality
- 82 bicyclist injuries
- 48 motorcycle accident injuries
- Three alcohol-related accident deaths
- 110 drunk driving injuries
Most of these collisions might result from drivers’ failures to act reasonably while driving. Many drivers can be aggressive, under the influence, distracted, and more when operating a vehicle. Their actions potentially put others at risk of injury and death.
Deaths And Injuries
According to the Huntington Beach Police Department, auto accident fatalities were low in 2017. That is in comparison to other highly populated cities in Orange County. There were six reported auto accident deaths in Huntington Beach. There were nine vehicles involved in these fatal accidents. Three deaths were a direct result of an intoxicated motorist.
While death is a potential outcome of an auto accident, so are injuries. Some injuries are reported at the scene. Others are reported a few days later, when the person sees a medical professional.
Auto Accidents Involving Drugs Or Alcohol
Alcohol and drugs are dangerous, especially when operating a vehicle. They can affect a person’s cognitive functions, coordination, and vision. Even with this knowledge, impaired driving is a significant problem in Huntington Beach. DUIs have increased by 30 percent over the last five years. Overall, 11 percent of all traffic accidents involve driving under the influence of drugs or alcohol.
If you are injured in an auto accident where the other motorist is under the influence, consider speaking with a Huntington Beach auto accident lawyer. When drugs or alcohol are involved, it can complicate your legal matters further.
Licensed Drivers In Orange County
There are two million licensed drivers in Orange County. There are many more statewide. Most of these drivers have a traditional driver’s license. More than 50,000 drivers have a commercial truck or motorcycle license. You will likely see many different vehicles and drivers as you travel through Huntington Beach.
Why Consult Arash Law About An Auto Accident Claim In Huntington Beach
After an auto accident, property damage might be the least of your concerns. You may face medical appointments, time off work, and financial struggles. You might also have to deal with filing an insurance claim to seek reimbursement for your expenses. These situations can be challenging to manage as you recover from your injuries.
Our legal team can review your claim and evaluate which party or parties are potentially responsible for your damages. This process can be easier in some cases than others. Through our experience, we can work to identify available legal options for victims based on the details of their cases. We are also familiar with local court procedures, which can potentially help us avoid administrative issues that may delay your claim.
Arash Law also works on a contingency fee basis. This policy means that our Huntington Beach auto accident lawyers will only get paid if clients are awarded compensation. When you consult with us, our personal injury lawyers can discuss this fee structure and any additional case-related costs that may apply outside of it.
There are also some expenses that are often overlooked. For example, you may be able to seek reimbursement for rental car services and out-of-pocket costs. There could be various losses to assess and include in your claim, which is why having legal support may help.
How Can a Huntington Beach Lawyer Help?
Some auto collisions occur due to motorists’ failure to exercise reasonable care. This failure can potentially lead to significant injuries, as well as substantial economic and non-economic losses. Legal action may be necessary to address a victim’s damages. Our Huntington Beach auto accident lawyers can help you decide on what actions to take depending on the specifics of your case.
One scenario where we may assist is when cases have complex liability issues. We can help you gather evidence to support your claim. When necessary, we may obtain expert witnesses and eyewitness testimonies. These and other processes can help establish liability.
Our team can put our experience in personal injury law and auto accidents to use when we represent your interests. Specifically, we offer assistance with:
- Recovering relevant evidence to establish the facts of the case. Evidence can include eyewitness statements, accident reports, photos, and video surveillance.
- Obtaining and reviewing relevant insurance policies for all parties involved. These policies help us determine the applicable coverage and identify the appropriate party to file the claim with.
- Negotiating with the parties involved, such as the insurance carrier and at-fault individuals and entities. We aim to advocate for your rights during these discussions.
- Preparing your claim for trial in case this is a necessary action to help you pursue damages.
Establishing Fault For A Huntington Beach Auto Accident Claim
A significant portion of personal injury claims involves auto accidents. Nationwide, people have a duty to drive reasonably and safely. They must adhere to all posted traffic signs and signals. Drivers should refrain from driving under the influence or recklessly. When they do, it can put everyone on the road at severe risk. These drivers may have to face financial and legal consequences for their actions.
Step one in the personal injury claims process is identifying the potentially responsible party for your auto accident. In order to do this, your Huntington Beach personal injury lawyer can gather and analyze available evidence of the incident, such as traffic camera footage, cell phone records, and police reports, among others.
Another essential step is filing a personal injury claim. Within that process, we must determine the extent of your injuries and the case’s potential worth. An outside professional can help support how we calculate these losses. Having established liability and assessed the damages, you may be able to file a claim.
California allows victims to seek compensation for pain and suffering along with other losses, such as:
- Property damage
- Medical expenses
- Lost income
Evidence To Prove Negligence In Your Huntington Beach Auto Accident
The legal definition of negligence is an entity failing to perform its reasonable duty of care, resulting in physical, emotional, and property damages. When negligence is proven, California law allows an injury victim to seek compensation from the at-fault party.
An injured individual must prove four elements of negligence for a personal injury claim:
- The negligent party had a duty of care to the victim.
- The negligent driver breached their duty.
- The breach caused severe injuries to the victim.
- The victims suffered losses due to the accident.
While it sounds like a straightforward process, you have the burden of proof. Which means you must prove every element with evidence. Some common examples of auto accident negligence are:
- Exceeding the speed limit
- Being intoxicated while driving
- Not adhering to traffic signs and signals
Negligence is a vital aspect of auto accidents. Our Huntington Beach auto accident lawyers can assist with the process of establishing liability.
Most Common Causes Of Auto Accidents In Huntington Beach
Collisions happen daily for many reasons. As such, the first question many people may ask is “How did the collision happen?”
Here are the most common contributing factors to auto accident that our Huntington Beach auto accident lawyers encounter:
- Moving violations — These violations occur when motorists fail to drive reasonably according to the law. Speeding, failing to signal, and failing to stop at a stop sign or red light are all moving violations.
- Driving under the influence — Being under the influence of drugs and alcohol increases the risk of people being in accidents. Drivers may face both civil and criminal penalties. Some involve license suspension, fines, and jail time.
- Distracted driving — California has zero tolerance for cell phone use behind the wheel. If a driver has a situation where they must use their cell phone, they must use a hands-free attachment so they can maintain control of the vehicle.
- Mechanical failures — Drivers should stay current with vehicle maintenance, which can cause an accident. A mechanical failure may also be attributed to a manufacturer who creates or sells the defective part. The party responsible for the mechanical failure might face liability for the accidents it causes.
- Fatigue — Driving while tired has the same effect as driving intoxicated. Drivers who fall asleep at the wheel or are too groggy to see what’s in front of them can cause severe injuries to those around them.
- Inclement weather — If there is snow, rain, or another hazardous weather condition, it is a driver’s responsibility to adjust. Doing so can mean slowing down below posted speeds or turning on their headlights in low visibility. Failure to adjust can cause a collision.
- Poor road conditions — Construction, potholes, and broken lights are common hazardous road conditions you can encounter in Huntington Beach. When these conditions are present, the local government is responsible for fixing them. They may face liability for their contribution to your accident when they do not maintain the road.
These are a few examples of factors that contribute to auto accidents. There are many others. Sometimes, liability will fall onto more than one party. Since California has pure comparative negligence laws, the plaintiff can seek damages in a civil claim even if they are partially at fault. It also means victims can seek compensation from multiple parties.
Common Injuries Sustained In Huntington Beach Auto Accidents
Proving your injuries is another critical factor in your Huntington Beach auto accident claim. The amount of compensation you may be able to pursue can partially depend on the injuries you suffer. In high-impact collisions, victims are taken from the scene to be evaluated by medical professionals. In minor collisions, it is encouraged but not required. Our Huntington Beach auto accident lawyers may be able to better assess your injuries if you seek medical attention after any type of accident.
Here are a few examples of injuries that can be sustained in Huntington Beach auto accidents:
- Whiplash — This occurs when there is a sudden back-and-forth jerking motion of the head. Symptoms are often delayed and can include dizziness, nausea, numbness, and blurred vision. You must seek medical attention immediately after a collision to diagnose and document your injury.
- Broken bones — Vehicle occupants can be thrown about in an accident, striking other objects. That can lead to multiple broken bones or fractures. These breaks can take months to heal and require ongoing physical therapy for maximum medical improvement. Most often, broken bones happen in the hips, ribs, pelvic bones, clavicle, arms, and legs. If the break is severe, it can lead to partial or complete paralysis.
- Head injuries — The head is susceptible to injury, meaning multiple areas can suffer damage. You can suffer a closed head injury like a concussion. Another outcome is an open head wound, like a linear skull fracture. Traumatic brain injuries can have serious, long-term consequences in many instances. Without medical attention, they can worsen over time. According to The Bangor Daily News, 13.5 million Americans suffer from brain injuries.
- Herniated or bulging discs — Aside from your head, your spine is another sensitive part of your body. You can suffer many spinal injuries, but the most common is bulging or herniated discs. Bulging discs are typically considered minor. However, a herniated disc is severe and can rupture a significant part of your spine. If you have a debilitating herniation, you may need diagnostic imaging, physical therapy, spinal injections, and possible surgery.
- Sprains — A sprain happens when there is stretching or tearing of ligaments. A ligament sprain is rated from grade one to three. The physical recovery will depend on the severity of the damage. It can take anywhere from three to six weeks to heal a sprain.
Other car accident injuries include:
- Burn injuries
- Post-traumatic stress disorder
- Crush injuries
- Amputations
- Soft tissue damage
- Internal bleeding
- Internal organ damage
- Lacerations or puncture wounds
- Facet joint syndrome
- Fractures
- Cuts or scratches
- Bleeding
- Wrongful death
According to the California Office of Traffic Safety, 272,000 traffic collision injuries occurred during their latest reporting year. Worsening the situation is the fact that you must prove the injury resulted from the crash and not something else.
Financial Damages You Can Seek In An Auto Accident Claim
Victims often ask how much they can pursue when they file an insurance claim. There is no standard amount for every client to seek after a collision. Any potential compensation amount will depend on various factors. The majority of the claim will depend on your medical costs and future prognosis.
Vehicle damage, time away from work, transportation costs, rental cars, towing expenses, and other out-of-pocket costs can also be considered in your claim.
Here are several types of damages victims can pursue:
- Special Damages — These are tangible expenses you incur from your collision. We can calculate these losses by tabulating your bills, pay stubs, proof of self-employment income, surgery expenses, receipts, and auto repairs. This category is all-encompassing and covers many areas.
- Medical Expenses — These expenses are included in special damages, but they are very extensive. Your initial medical treatment, follow-up appointments, and ongoing care are all tabulated under medical expenses. Our Huntington Beach auto accident lawyers help victims pursue damages for medical costs, such as:
- Mental health services
- Prescription drug costs
- Physical therapy
- Hospitalizations
- Surgeries and invasive treatments
- Massage therapy
- Medical devices
- Lost Income — Your job can be one of the first places you experience financial burdens. You might have to take time off the day of the accident and for follow-up appointments and procedures. Depending on the severity of their injuries, some victims may not be able to return to work for extended periods or at all. Lost income can potentially bankrupt families. Such considerations can be factored into your claim.
- Property Damage — Reimbursement for vehicle repairs or to purchase a replacement. It also includes payment for personal effects that were damaged during the collisions, including clothing, laptops, cell phones, shoes, etc.
- Pain and Mental Anguish — The physical and financial impact a collision can have on you is only the beginning. There is also the mental anguish that an accident has on victims. Some damages victims can seek include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Psychological care
While these are some of the most common types of compensation victims can seek, not all of them may apply to your case. Others can be relevant but might not be listed here.
Negotiating Auto Accident Settlements
Once our car accident lawyers in Huntington Beach calculate the potential value of your losses, it is time to negotiate with the insurance company. We can work to negotiate a settlement that closely aligns with the extent of your damages after an auto accident.
Insurance company negotiations usually begin with filing forms and other paperwork. We are prepared to see the case through from the initial filing to trial and appeals, if necessary. Our team can leverage its litigation experience to handle these negotiations.
Start your claim by speaking with a Huntington Beach auto accident lawyer. We will discuss the challenges you might face along the way during an initial consultation. We can also estimate your case’s worth.
What Do I Do After An Auto Collision In Huntington Beach?
If you are reading this, you have likely already been in an auto accident. You can review these tips and see if you have already taken certain actions to protect yourself. After a collision, a key first step is to check on the vehicle’s occupants and call 911.
If someone suffers a severe injury, do not move them. You must wait for emergency personnel to get to the scene and assess them. Moving an injured victim can hurt them further or cause their death. Once the emergency staff is summoned, and only if it is safe to do so, gather evidence.
Gathering Evidence
Gathering evidence can help support a future claim. If possible, take pictures of the scene, surrounding buildings, vehicles, and traffic signs. You can also get the driver’s insurance, contact, and vehicle information. All of this evidence may help your Huntington Beach auto accident lawyer investigate and support your claim.
Once all victims have been transported to the hospital, you can also do other things to protect yourself. For example:
- File a Huntington Beach Auto Accident Claim — It may be necessary to inform your insurance company that you were in an auto accident. They will likely ask for a recorded statement, but try to avoid giving one without legal representation. They will assign you a claim number and a specialist to handle the process. The insurance representative will then reach out to the at-fault party’s insurance company and begin negotiating.
- Speak to an Auto Accident Lawyer in Huntington Beach — An auto accident lawyer can help review your policy and determine the applicable coverage. They can also assess your damages to estimate how much compensation you may be able to seek.
Other Actions Involved In The Auto Accident Claims Process
While we mentioned a few basic steps in the claims process, several others exist. The insurance adjuster will conduct an investigation into the damage that occurred in your collision. They will review police reports and witness statements. When they complete their investigation, they will then initiate an offer.
The insurance adjuster’s initial offer may be lower than your actual damages. When the adjuster gives you a low offer, you can ask for more through a demand letter. Our Huntington Beach auto accident lawyer will craft a demand letter that addresses your losses. Within the letter, we will include the amount you are requesting. It will also include other details of your case.
If the demand letter is denied, we can help you explore other possible legal options, such as filing a civil case. Under California statutes, you generally have two years from the accident date to file a lawsuit. When the two-year window closes, you may lose your ability to seek reimbursement for your accident claim. This deadline applies to civil actions, not insurance claims. You must file an insurance claim per the insurer’s deadlines. Failure to report to the insurance company may result in a claim denial. However, exceptions for these timeframes may apply to your case. You can discuss these in further detail with an attorney.
If pursuing a lawsuit is a viable option for your case, you might face many other issues. Since this is a civil lawsuit, discovery will commence. From the discovery findings, you will then negotiate with the insurance company. These actions will continue until mediation becomes necessary. A trial is the next step if there is no resolution during mediation.
Cuevas v. Salinas Farm Labor Contractor (settled on 2/22/2022) – Settlement involving a woman working as a fruit packer when her hair was caught in a running conveyor belt resulting in severe trauma to her head and scalp, traumatic brain injury, and skull fracture. In addition to this, Arash Law obtained a $14 million settlement on behalf of the client against a 3rd party.– TINA ESHGHIEH
California Motorists Laws
The personal injury claim process is complex. There are many laws regarding safe operations and duties that drivers have to follow. All of these factors must be considered during your accident claim. In the aftermath of an auto accident, it can be challenging to grasp how these laws impact your claim. A Huntington Beach auto accident lawyer can explain your rights and how the rules apply. We can evaluate your circumstances during a free case review.
The General Rules Of The Road In California
Distractions, failure to follow road rules, and road rage are common causes of vehicle collisions in Huntington Beach. All motorists must be aware of and follow the general traffic laws. Failure to do so may lead to an accident. Proving their failure can help in your case. Some general traffic laws include:
- Drivers must have a valid driver’s license and insurance and drive a registered vehicle.
- Obey posted speed limits and other signage.
- Drive safely in all weather conditions.
- Yield to oncoming vehicles.
- Refrain from following too closely.
- Avoid distractions like cell phone use and tending to children while driving.
Auto Accident Reporting Rules
The police will file an accident report under certain conditions. For minor accidents, they can give you a choice. Sometimes people choose not to report minor collisions. There are state reporting laws regarding your options and the insurance company. As a rule of thumb, report the collision to your insurer within a few days. If the police do not file a report, you are responsible for filing with the local DMV or police department.
Reporting Accidents To The DMV
You must report your auto accident to the local DMV within ten days of the crash. This deadline applies to collisions involving property damage, injuries, or death. During these ten days, you can speak to a Huntington Beach auto accident lawyer to handle these and other reporting processes.
Reports To Law Enforcement
Motorists involved in accidents, including hit-and-runs, must make a written police report to the California Highway Patrol or a local precinct. Injuries and fatalities must be reported within 24 hours of the collision. This deadline is especially difficult for injured survivors who are hospitalized or left without transportation. Our Huntington Beach auto accident lawyers can handle this reporting process on your behalf.
California Auto Insurance Laws
Aside from reporting deadlines, you must also consider auto insurance requirements. Insurance laws are vital to your injury claim. Drivers must meet state minimums for insurance and maintain an active policy. Failure to adhere to these laws can lead to tickets, fines, and license suspension. Not having the state minimums during a collision can also prevent you from pursuing damages.
Insurance companies have responsibilities to offer certain provisions and inform drivers of any benefits their coverage has. While there are minimums, you must consider higher policy limits depending on your circumstances. The minimum is determined by the state, not by your needs. Not having enough insurance coverage means paying for accident expenses out of pocket.
What Is The Minimum Liability Insurance Requirements In California?
Motorists must have insurance that covers $30,000 for the injury or death of one person. They must also have $60,000 for injury or death for more than one victim. Property damage minimums are $15,000. Commercial drivers must have higher commercial insurance policies.
If the at-fault driver only carries the minimum insurance coverage and it proves insufficient to compensate you for your losses, you may have your insurance policy and other legal recourse available. Discuss your options with a Huntington Beach auto accident lawyer.
Uninsured And Underinsured Motorist Claims
The insurance company will offer various provisions you can add to your policy to benefit you during a collision. One provision they may provide that you can only opt for when purchasing your initial policy is uninsured or underinsured motorist coverage. They may also offer you the state minimum and higher limits for your convenience.
If you have uninsured and underinsured coverage, it will apply when the other driver is uninsured or lacks insurance to cover your losses. These provisions can be beneficial when you want to avoid a lawsuit, and your claim can be resolved without having to undergo multiple legal processes.
Another option is underinsured motorists’ property damage. Similar to the other policy provisions, this damage covers property damage differences, which can help pay for vehicle repairs, lost items, and more. Together, all three policy provisions can help in certain scenarios, such as when a driver leaves the scene. You can also add Med-Pay, comprehensive coverage, liability insurance, collision insurance, and theft protection. It is up to you to decide whether these provisions may be beneficial.
If you’ve been injured in a traffic incident, our Huntington Beach auto accident lawyers can help review your entire policy and discuss the options for compensation it makes available in your case.
Third-Party Payment Options For Accidents
Many drivers find themselves in a unique situation when a third party is responsible for the collision. The third party might be a government agency or product manufacturer, among others. Government agencies are usually responsible when a dangerous roadway, like a sinkhole, contributes to a collision. They can also be held liable if stop lights are malfunctioning. These claims can be complex and have shorter filing deadlines.
When a product manufacturer creates and sells a defective product, it can also lead to a collision. Faulty brakes, tires, or steering can all cause a driver to lose control of their vehicle. If the auto manufacturer is responsible in part or whole, they may face liability. You can get payment from third parties in tandem with the at-fault party’s insurance company. The process can be more complicated, but our Huntington Beach auto accident lawyers are here to help you through this process.
Call Our Auto Accident Lawyers In Huntington Beach
Arash Law understands how difficult it can be for victims to manage the aftermath of an auto accident. Our Huntington Beach auto accident lawyers are thus dedicated to helping them learn how they may pursue compensation against negligent parties.
We are here to guide you through your insurance claim or personal injury lawsuit. When you need help after a collision, contact Arash Law to schedule a free initial case review.
If you’ve been injured in a car wreck in Huntington Beach, we are here to help. We can meet you at a location that is more convenient for you. We also extend our legal services to nearby areas, including Costa Mesa, Newport Beach, Long Beach, Irvine, Garden Grove, and throughout both Orange County and California. Call us at (888) 488-1391 to speak to our experienced team.