California Car Accident Lawyers
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California Car Accident Lawyers With Decades Of Experience And Record-Breaking Vedicts
Even a minor car accident can have a major impact on your health and finances. Don’t wait to get the legal support you need. The California car accident lawyers at Arash Law are committed to helping injured victims recover fair compensation. Call us at (888) 488-1391 to schedule a free initial consultation. The road to recovery is just a phone call away.
The flourishing state of California is a hotbed for potential car accidents. Navigating 405, 101, 10, 15, 210, 57, 110, 710, 605, or the 5 on your commute is often bumper-to-bumper, with plenty of opportunities for rear-end collisions. Motorcyclists are free to lane split, running the risk of sideswipe incidents or collisions when merging lanes.
Getting around downtown involves hundreds of pedestrians and bicyclists. Drivers must pay strict attention at all times, as car crashes can occur in the blink of an eye. Driving anywhere in California is risky. The majority of collisions, however, are preventable. In fact, 94% of all accidents are attributed to human error.
Attention to the road, competence behind the wheel, and proper vehicle maintenance can reduce the odds of getting into a collision. However, negligence, recklessness, and breaking the law are at the heart of most “accidents.” Our acclaimed car accident law firm has represented clients in countless car crash cases.
We understand the common causes, defendants, and how to fight for compensation for collision-related injuries. Whether you suffered burns, broken bones, brain injury, spinal cord injury, or other damages, talk to our award-winning California car accident attorneys. We have a track record of success, securing over $500 Million in compensation. We can do the same for you. Complete our “Do I Have a Case?” form to know how viable your case is.
How Our California Car Accident Lawyers Can Help You Win Your Case
After a car accident, physical and emotional pain, mounting medical bills, and lost wages can quickly overwhelm you. You might be wondering, “Is hiring a car accident lawyer truly necessary?”
Yes, you need a lawyer to increase your chances of winning your case. From determining the at-fault parties to negotiating with insurance companies and representing you in court, they can handle the legal aspects of building a solid case.
Here’s what our car accident attorneys in California will do for you:
We’ll Investigate Your Case
Our California car accident lawyers will collect police reports and evidence from the accident scene. We will go directly and check the location to assess the factors that may have contributed to the crash. If there are any witnesses, we’ll interview them to gather first-hand perspectives on the accident.
Our legal team will also ensure key evidence is preserved and documented properly. We’ll meticulously keep track of medical records and bills documenting your injuries. Plus, we’ll work with third-party experts, like accident reconstructionists, who can further back up your claim.
We’ll Help You Calculate Your Losses
Evaluating your losses correctly is a key part of building a strong case. Your total damages go beyond just the immediate costs like ambulance rides and emergency room visits. Our car accident attorneys in California will work closely with you to identify and document all accident-related expenses, such as:
- Medical bills, including past and future medical care costs associated with your injuries
- Lost income
- Car repair or replacement costs
- Pain and suffering
- Mental or emotional distress
- Loss of companionship
- Loss of enjoyment of life
We’ll Talk To The Insurance Companies
Getting injured in a collision is challenging enough; dealing with insurance companies on top of that adds further stress. They have complicated procedures in place, leading to tedious paperwork and phone calls that are time-consuming. Our car accident lawyers will handle all forms of communication with the at-fault party while looping you in for any updates or developments in your case. You can focus on your health and recovery instead.
Moreover, insurers often employ different tactics to minimize payouts. The sad fact is that these businesses might try to downplay the severity of your injuries or undervalue your claim to maximize their profits.
Our California car accident attorneys have extensive experience dealing with insurance companies. We’ll negotiate aggressively on your behalf, ensuring you receive fair compensation that takes into account the full extent of your injuries and damages.
Why Hire Our Car Accident Lawyers In California
In our decades of practicing California personal injury law, we’ve seen a wide range of car accident types and causes. We have the ability to assist you in an accident involving a road rage driver, a rear-end collision, whiplash injuries, catastrophic injury, or wrongful death.
Our attorneys possess a wealth of knowledge concerning car accident claims. Here’s what you need to know about motor vehicle collision cases in California:
1
No matter what the circumstances of your car crash are, you have options in front of you.
Talking to our California car accident attorneys before speaking to an insurance claims adjuster can give you all the information and confidence you need during this difficult time.
2
Speaking with an attorney is often the first step in getting your medical bills paid.
Your accident may have left you with significant hospital costs, ambulance fees, surgeries, medical equipment, disability, rehabilitation, or live-in care. As the bills stack up, you might wonder when you’ll receive payment for your damages. Experienced California car accident lawyers can help move your case along the negotiation process with insurance companies or the judicial system, resulting in quicker payment for your bills.
3
In California, you have two years from the date of your accident or discovery of injuries to bring a claim.
The sooner you call us, the sooner you can start the process receiving compensation. Reach out to our experienced car accident attorneys in California quickly to get your case moving.
After a settlement negotiation or court verdict, you will receive a check in the agreed-upon amount. Then, you can focus entirely on healing from your injuries.
Most Dangerous Roads In California
The California Office of Traffic Safety (OTS) said 4,285 people died in traffic-related accidents in 2021, with thousands more injured. Accidents are unevenly spread across the state. However, congested, curvy, high-speed, or poorly lit roads tend to have higher accident rates than others.
These are California’s most dangerous roads, according to the National Highway Traffic Safety Administration (NHTSA):
- Interstate 5 – This 800-mile road in California (a total of 1,381 miles, including Oregon and Washington) is notorious for car accidents. As the country’s fourth and California’s most dangerous road, I-5 has seen many severe and fatal crashes. For seven years, the freeway recorded nearly 100 fatal crashes annually. Risk factors include high traffic volume, teenage drivers, and weekend night outs.
- State Route 2 – SR-2 is one of Los Angeles County’s busiest roads. Despite its relatively short length, the highway’s design, where slower and faster traffic merge, creates risks for collisions. Although SR-2 had fewer accidents overall, all but two were fatal. In a single year, 50 of 52 accidents resulted in one or more deaths.
- US Highway 101 – Roughly two crashes per mile occur annually on this heavily traveled road with a high crash rate.
- Interstate 8 – Over 100 people are killed along I-8 in San Diego County each year. There have also been years when the number of fatalities has risen as high as 145. The I-8’s lengthy route (over 170 miles), high traffic volume, and the presence of inexperienced or distracted drivers elevate the risk of accidents.
- State Route 99 – The SR-99 often ranks at the top of the list of dangerous roads. However, its crash rate has decreased in recent years. Modesto sees the highest number of accidents each year, with 1 in 5 crashes linked to drunk driving.
- State Route 78 – San Diego County’s 215-mile SR-78, or Highway 78, sees about 75 deaths each year.
Talk to our California car accident lawyers if you’re injured in a crash on one of these highways.
Areas In California With The Most Speeding Citations
Speeding-related collisions are common, and our car accident lawyers in California can attest to that. They tend to occur in the same places consistently. The areas where speeding citations are most commonly issued include Los Angeles, San Francisco, Oakland, San Diego, and Sacramento. Speed cameras were installed in certain cities to curb speeding-related accidents.
Out of the 4,285 traffic fatalities recorded in California in 2021, 1,509 were speeding-related. Due to the increasing number of speeding accidents and deaths, vehicles in the state will be required to have “speed governors” by 2027. These devices use GPS technology, cameras, and sensors to verify the speed limit in an area and slow down speeding vehicles.
What Are The Physical Effects Of Car Accidents?
While some physical effects of a crash can be visible right away (e.g., bruises, scars, and broken bones), others may not be noticeable immediately after the accident. Sometimes, high levels of shock and adrenaline after a car accident keep us from recognizing injury symptoms and may even mask the pain for hours. That is why it is vital to seek medical attention as soon as possible after a car accident to diagnose and document all of the injuries and physical damages.
Here are some of the common physical injuries after a car crash. Our car accident lawyers have helped injured victims recover compensation for them:
- Cuts, lacerations, and bruises. These are some of the most common injuries after car accidents. Often, victims suffer cuts or wounds due to shattered glass, broken plastic parts, and metal fragments from vehicles.
- Burn injuries. Car crashes are also likely to result in burn injuries due to hot metal vehicle parts, fires, and explosions.
- Tissue damage. Usually, tissue damage is not immediately apparent after a collision, which is why accident victims need to go to a doctor to diagnose this type of injury.
- Fractured bones. Fractured and broken bones are some of the most devastating types of injuries after a car crash. The arms and legs are particularly vulnerable due to being more exposed. Ribs, which protect vital organs, can crack under pressure from the seatbelt. Facial fractures, including those of the nose, jaw, and cheekbones, can occur after the face hits an airbag or dashboard.
- Back and spine injuries. Spinal cord and back injuries are some of the most significant effects of car accidents. Depending on the severity of the crash, a spinal cord injury can result in temporary or permanent paralysis.
- Internal injuries. The force of a collision can rupture organs like the spleen, liver, and kidneys. The lungs can collapse from a fractured rib puncturing the lung tissue. In severe cases, blunt force trauma can damage the intestines. The signs of internal injuries can be subtle and delayed. Symptoms include bruising, nausea, vomiting, lightheadedness, and difficulty breathing.
- Head trauma and brain injuries. Concussions, the most common type of brain injury from car accidents, occur when the brain is jostled violently within the skull. More severe conditions involve internal bleeding or bruising of brain tissue. These injuries can cause a range of symptoms, including slurred speech, loss of consciousness, seizures, and a coma.
- Loss of a limb. Although the loss of a limb is not a common occurrence in car accidents, it does happen in devastating crashes. While amputations can result directly from the force of a collision, they may also be medically necessary due to severe tissue damage or uncontrolled bleeding. Losing a limb is one of the most traumatizing and painful types of injury that can lead to severe complications.
- Death. Car accidents are responsible for approximately 100 deaths per day, according to the National Highway Traffic Safety Administration (NHTSA). While no amount of money can make up for the loss of a loved one, a successful wrongful death claim with the help of our California car accident lawyers can provide some financial security and a sense of justice for those left behind.
If you sustained any of these injuries and are faced with high medical bills, our California car accident attorneys can help you recover compensation. We can also connect you with the best medical experts in the state to help evaluate and treat your injuries. With our expert car accident attorneys by your side, you can focus on healing and rebuilding your life.
Car Accident
$6,000,000.00
Our client was driving with his wife and son on a two-lane highway when a drunk driver crossed the double yellow lines, causing a head-on collision that claimed the life of a loving wife and mother.– Arash Khorsandi
What To Do After a Car Accident in California (10-Step Checklist)
No one can predict a car accident, but you can prepare for one. Having a car accident checklist in your glove box can help you stay calm and organized after a car crash. It can tell you what to do, what not to do, and how best to protect your rights.
When in doubt, give us a call. Keep our car accident lawyers’ phone number, (888) 488-1391, in your phone or written down in case the worst occurs. You aren’t alone after a serious collision. Here’s what to do:
Stay Calm
Stay on the scene and make sure everyone is okay. If you’re able, check yourself for injuries first, and then check others. Remain calm and do not admit fault.
Get To A Safe Location
Move disabled vehicles to the side of the road if you can. Put your emergency flashers on to help prevent further collisions. Get somewhere safe to wait for the police.
Call 911
Call the police to report your accident. Unless your crash was very minor, with no injuries or property damage, you should call the cops. Police can document the incident, gather information, and make it part of an official record.
Exchange Information
Swap names, phone numbers, and insurance information with the other driver(s) involved in the accident. Take photos of the vehicles, license plates, and other vital details if possible.
Do Not Admit Fault
Again, do not admit fault, even to the police. This is one of the most important pieces of advice from our car accident lawyers. Stick only to the facts of what happened when speaking with a police officer, such as the time or location of the accident. Be as detailed as possible in your description of the collision, but don’t speculate or express your opinion about what you think happened. Just stick to the facts.
Seek Medical Attention
Go to the hospital or your primary doctor as soon as possible. Immediate medical care can help reduce the damage you suffer from injuries. Tests and scans can identify internal injuries that may not show symptoms yet.
Report To Your Insurance Company
Most insurers have time limits for how soon you must report an accident in California. Call quickly and follow the agent’s directions for reporting your crash.
Be Cautious When Speaking With Insurance Adjusters
As soon as the day of your accident, you may receive a phone call from the other party’s insurance company or car accident attorney. You may speak to the claims adjuster but do not give away any more information than is absolutely necessary. Do not record a statement or accept an insurance settlement offer until you speak to a car accident lawyer.
Create A File
Keep accident-related documents together and organized. Your file should include a copy of the police report, medical bills, the other driver’s information, injury treatment plans, and any other documents you’ve collected regarding the incident.
Call Our California Car Accident Lawyers at (888) 488-1391
We offer free consultations so you can discuss your car crash without risk or obligation. We can determine whether your case has merit, help you talk to insurance companies, and assist you in filing a personal injury claim if necessary.
Following this checklist, you can escape a disastrous car accident with hope for the future. You would have protected your rights, said nothing to place blame on yourself, and sought immediate medical attention for injuries.
These actions can help should you need to file a claim with the California civil courts to pursue damage compensation. Don’t hesitate to immediately seek the best car accident lawyer near you, anywhere in California.
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My husband had an accident 2 years ago, a 85 years old man hit him, the Arash law group works very well on my husband case that took 9 month and he won the case and my husband was happy with the results. A year later I got into an accident as well and I’m still waiting in my case is almost resolving and it’s 9 months already. This people knows the law and they do their job right to help you out in getting the most for you to fight on your behalf. I strongly recommend the Arash Law firm they do things right in a efficient and professional manner.
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Had a great experience with all the people at Arash law. Long story short was in a bad car accident. It was overwhelming and the whole process was a lot, but they kept me in the loop. They answered all my questions and gave me great advice. Couldn't be any happier. Would definitely recommend anyone looking for a personal injury lawyer. They'll guide you through the whole process!
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Having Arash Law handle my auto accident was the best decision I could have made. Everyone I interacted with was kind, professional and detail oriented. I am extremely happy with the outcome and would recommend them highly.
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From start to finish, Arash Law firm is there every step of the way with close, constant, personal contact and attention. I never knew a Law firm could actually care so much for me as a person and what I was personally going through as well as the settlement I was going to recieve once my case was finally completed. Thank you to everyone at Arash Law for your ongoing support and communication. You are the ONLY firm I will ever recommend to someone who is need of a great attorny.
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I had an excellent experience with Arash Law. I will definitely recommend to my family and friends. I interviewed a few firms before deciding to work with Arash Law. What made my experience excellent was (i.e. head attorney being accessible to talk to and he answered all my questions and concerns, sensitive and thorough personel who completed in home intake & follow up process, being connected immediately to quality Physicians who addressed my injuries and recovery process, clear contract-read throughly to ensure its something you can commit to). Being in a car accident is a traumatic experience and I had a sense of peace knowing Arash Firm was walking with me throughout the whole process. Thank you Arash Firm for all your hard work and help. I am so grateful and appreciative for you all! 🙏
With Gratitude,
Monica Parra
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What Can I Do To Protect My Rights After A Car Accident?
The best thing to do that many victims miss out on is to call the top-rated car accident lawyers California residents turn to immediately. Attorneys are knowledgeable about the laws surrounding your accident. They can help you understand your rights and guide you through the process of pursuing compensation for your injuries.
Furthermore, they understand insurance policies, and they know how insurers operate. Your attorneys can easily recognize insurer tactics that could be used to jeopardize your right to recover damages for your injuries. Considering their experience and capabilities, they know how to safeguard all sides of your story to ensure that no one takes advantage of you so that you get the compensation you deserve.
What Information Should I Gather From The Scene Of An Accident?
After a car crash When driving in California, you should try to collect as much of the following information from the scene of the accident as soon as possible:
- Make, model, color, year of manufacture, and license plate numbers of all the cars involved in the accident.
- Name, address, phone number, license number, insurance information, and registration information of all the drivers involved.
- Full name, phone number, and address of the vehicle’s occupants, witnesses, and pedestrians involved in the accident.
- Name, badge number, and department of the police officer who arrived at the accident scene.
- The actual location of the accident.
- Photos or videos of the scene, your injuries, and damages to your car, if possible.
Speak with our award-winning California car accident lawyers as quickly as you can wish after a crash. We can walk you through the process from beginning to end.
What If I Get Accused Of Partly Causing My Car Accident?
Since California is a pure comparative fault state, you can collect compensation even if you played a role in the accident you’re involved in. However, the compensation amount that you will receive gets reduced by a percentage equal to your share of liability in the vehicular accident. You can rely on our relentless California car accident lawyers to work vigorously to ensure that liability is allocated accurately in your legal case. This way, you get the total compensation you deserve under the law.
Can You Sue A Minor For Causing Your Car Accident In California?
In general, a person under the age of 18 cannot sue or be sued. The law does not automatically assume that a young driver is negligent.
In most cases, you would file a lawsuit against a parent or guardian if you wanted to take legal action against a minor. The parents may be held liable in the following circumstances:
- Parental liability – Parental neglect kicks in when a parent’s actions, or lack thereof, directly contribute to their child’s ability to cause harm. For example, knowingly allowing an underage child to drive a car could leave the parent liable for any resulting accidents.
- Negligence on the part of the young driver – Licensed teens are expected to drive safely and follow the rules of the road just like adults. The court will consider their age and experience when evaluating their actions in an accident.
- Willful misconduct – If a minor deliberately causes an accident, like using a car as a weapon, the court may hold the parents or guardians accountable for the resulting injuries.
During the investigation, our car accident lawyers in California can help establish a timeline of events and analyze the driver’s behavior to determine if the minor driver breached their duty of care.
Car Accident Victims Also Ask:
Who Pays For An Accident When An Uninsured Driver Is Involved?
If an uninsured driver caused your injuries, you can file a claim with your insurance company. Your uninsured/underinsured motorist (UM/UIM) coverage, if you have one, would apply here.
Uninsured motorists are a big problem across California. According to the Insurance Information Institute (III), 17% of California motorists are uninsured, which is 3% higher than the national average of 14% in 2022.
UM/UIM can help you when the at-fault driver has the minimum required coverage but your medical bills far exceed those limits. It acts as a secondary layer of protection, kicking in after the at-fault driver’s insurance is exhausted.
While filing a lawsuit against an uninsured driver might seem like an option, the reality is often less promising. Individuals without car insurance likely lack substantial assets or savings, making collecting a court judgment difficult. Our car accident lawyers in California will look for possible avenues to obtain the compensation you are owed.
What Should I Do If I Am A Passenger In An Accident?
Any time you are injured as a passenger in a motor vehicle accident, your first priority should be getting to safety. Get out of the vehicle and find a safe spot on the side of the road that is far away from the flow of traffic. If you cannot leave the car, call 911 and let them know you are trapped. They will send the proper equipment and responders right away.
Next, you need to take care of your medical needs. Let the emergency medical personnel on the scene evaluate your injuries and follow their recommendations. If you choose not to leave the scene in an ambulance, you should still visit an emergency department or an urgent care facility right away.
Even if you think you are not injured at all, it is always important to follow up with your primary care doctor as soon as possible. Some injuries may not start to show symptoms for days or weeks after an accident occurs. Only a qualified medical provider can determine the extent of your injuries. Whether you think you are injured or not, car accident lawyers can use this documentation as critical evidence in your personal injury claim.
Once you have addressed your medical needs, it is time to address your legal needs. Find an experienced personal California car accident attorney as soon as possible. Do not make any statements about the accident to the insurance company until you have retained a lawyer. Once they are notified of your attorney’s contact information, they can no longer contact you regarding the accident, which will protect you from inadvertently saying something that could be detrimental to your personal injury claim.
After A Car Accident, Will I Have To Go To Court?
If your attorney files a lawsuit on your behalf, there is a chance that you might have to go to court. Before the trial, there are status conferences to handle scheduling and other administrative matters. You usually do not have to speak at these conferences. If the attorneys disagree on the evidence that can be used at trial, the court might hold a hearing to determine whether the evidence can be admitted.
While this may sound overwhelming, it is essential to understand that very few personal injury cases ever go to trial. The vast majority of car accident cases in the United States settle outside of court. This fact makes it unlikely that you will have to go to court, but if you do, your car accident lawyer will thoroughly prepare you for what to expect and what will happen.
How Do I File A Police Report After My Accident?
The law enforcement officers who respond to the scene have the responsibility to file a police report about the incident. This report is a critical piece of evidence. You usually can not get a police report unless the officers respond to the scene. The officers will take your statement about what happened. (While you should not discuss the accident with the other driver or bystanders on the scene, you should give your statement to the officers to be used in their official police report.) If you are having trouble getting an incident report, the award-winning car accident lawyers California depends on can help expedite the matter.
How Do I File An Insurance Claim For My Car Accident?
If you have one of our California car accident lawyers, you will not have to worry about filing a claim. Your attorney will handle the paperwork for you. They will also prevent you from saying something to the insurance company that could hurt your claim. If you choose to handle your case without an attorney, you will have to call the insurance company to file your claim.
What Are Common Mistakes To Avoid When Filing A Car Accident Claim?
Car accidents are stressful enough without unintentionally jeopardizing your claim. Here are the things you need to avoid doing to maximize your chances of success:
- Posting photos or updates on social media regarding the accident – This information can be misinterpreted and used by opposing parties.
- Not seeking medical attention promptly – Early diagnosis and documentation will help establish the full extent of your damages.
- Not being honest with your car accident lawyers – Be fully transparent with your attorneys. Any inconsistencies in your account could weaken your case in the long run.
- Discussing the accident with other parties – Avoid discussing fault or any details with anyone other than your California car accident lawyers. At-fault parties can use their conversations with you as a way to undermine your claim.
What Happens If I Can’t Get A Fair Settlement Offer For My Accident?
The insurance company will rarely make a fair settlement offer on the first try. Instead, they will try to lowball you with an offer that does not fully compensate for your damages. Their tactics are why it is crucial to be represented by our experienced car accident lawyers in California. They know how to respond to lowball offers and then prove what your claim is truly worth.
If a fair settlement offer cannot be reached in negotiations, your attorney will file a lawsuit on your behalf. In many cases, the mere idea of a lawsuit is enough incentive to get the insurance company to raise its settlement offer. If not, the parties will engage in the discovery process, which involves investigating the case to find evidence that is then exchanged. Evidence found in discovery can also affect the insurance company’s settlement offer.
What Will It Cost Me To Hire A California Car Accident Lawyer?
Unlike criminal defense or divorce attorneys, who charge an hourly rate, most California car accident lawyers work on a contingency fee basis. Working on contingency means that they will be paid an agreed-upon percentage of any eventual settlement. If you don’t get paid, the attorney doesn’t get paid.
If the attorney files a lawsuit on your behalf, the work required on your case goes up dramatically. This fact is why most personal injury lawyers often take a higher percentage if a lawsuit is filed on behalf of their clients. There will also be court and litigation expenses, so it is important to be clear on who will pay those fees if the case goes to trial. All of these possible fees will be outlined during onboarding, so you’ll have a thorough understanding of what to expect.
The key thing to understand is that you can hire a California car accident lawyer with no upfront fees. Some injury victims do not get representation because they are worried about the cost. But not hiring a lawyer can hurt your claim. You might say something to the insurance company that leads them to believe you were at fault for the accident.
Is It Worth The Money To Get A Lawyer For My Car Accident?
When it comes to car accidents in California, it’s almost always a good idea to get a car accident attorney. Even a fender bender that seems insignificant can turn into a major headache without trusted car accident lawyers in California.
Take speeding, for example, which contributed to over 12,000 traffic deaths (29% of all traffic crash fatalities). Speeding was a factor in 13% of all death or injury-related crashes and 9% of property damage-only crashes. That same year, car accidents caused 46,980 fatalities and 5.4 million medically-consulted injuries across the country. A California car accident attorney can help you navigate the legal mess that can be an unavoidable outcome of an accident.
Under California law, a car accident case involving speeding would be an easy case to show where negligence is indicated. California is an at-fault state, meaning whoever is at fault in a car accident bears most of the burden of responsibility if not all of it. If you don’t know this, you may try to negotiate your insurance claims. But doing this can quickly become a nightmare.
After an accident, you’ll have to deal with the police, your insurance company, maybe someone else’s insurance company, and the medical field. Sounds daunting? It is! Dealing with these problems is what experienced California car accident lawyers can do for you. Contact one of our reputable California car accident lawyers as soon as you can after a traffic collision.
How Do I Find The Right Car Accident Lawyer Near Me?
You could undoubtedly hire an attorney, but not just any attorney will give you the results that you deserve. It’s crucial to the success of your claim to hire someone with experience and knowledge. It should not be difficult to talk to them about the specifics of your case. Look for these requirements when hiring California car accident lawyers near you:
- Most or nearly all of the clients they represent are personal injury clients, especially car accident clients.
- They have a minimum of 10 years of experience in personal injury law.
- They offer free consultations at their office or a location that is convenient for you.
- They listen to you, recall the details you give them, and pay attention to you when you talk.
- They understand the type of injuries you sustained.
- They take your case seriously and care about your pain, it is not just about the money for them.
What Happens If A Car Accident Occurs Due To My Medical Condition?
In California, the law allows for what is referred to as the medical emergency defense, also known as the sudden emergency defense. This law is only applicable if the individual has an unforeseen and legitimate medical condition and all of the following terms have been met:
- The driver was not the cause of the emergency.
- Someone was put in danger of injury due to a crisis that occurred.
- The driver acted reasonably.
This means that for the medical emergency defense to be used, it would need to be proven that the accident was the cause of a sudden health crisis. The driver at fault acted reasonably, as anyone else would have done. The car accident lawyers of the driver at fault would have to provide detailed medical evidence that supports their unforeseen medical emergency; and that they acted reasonably, as anyone else would have done. Not all states have the same requirements for this law, but a driver who has suffered from a sudden medical emergency will often be burdened by showing proof that the conditions above were met.
What Are The Emotional Effects Of Car Accidents?
A severe injury can have long-term emotional effects after an accident. Some of the psychological effects following a car crash can haunt an injured victim for years or even for the rest of their life.
- Humiliation
- Anxiety
- Shock
- Emotional distress
- Depression
- Fear (phobias)
- Anger
- Post-Traumatic Stress Disorder (PTSD)
- Loss of enjoyment of life
- Sleep disturbances
- Behavior changes
- Mental anguish
- Mood swings
Am I Liable If Someone Else Driving My Car Gets Into An Accident?
The quick answer to this question is yes and no. California law stipulates that car insurance follows the car, not the driver. If anyone gets into a car accident in your vehicle, your car insurance will be involved. You might even be held liable at some point. However, you may not be held entirely responsible, depending on the circumstances. To learn more, feel free to contact our car accident lawyers in California.
When Should I See A Doctor After A Car Accident?
If you are severely injured on the scene of an accident, it is easy to make the decision to go to the emergency department in an ambulance and get medical care right away. But it is more challenging to know what to do if your injuries don’t appear to be serious. Just because you were able to walk away from a car accident doesn’t mean you were not injured in the crash. It is essential to see a doctor to be sure that you do not suffer any latent injuries.
Beyond the medical concerns, there are also legal reasons to see a doctor as soon as possible. Your car accident lawyers in California would use your medical records to strengthen your claim. Your ability to be compensated – and the amount of compensation you receive – is determined by automated information about your injuries. While you will likely be in touch with a claims adjuster, most of the real insurance adjusting is done by a computer program that will be fed data about your accident and injuries. One crucial piece of data that could increase your odds of recovering fair compensation is whether you sought medical attention in a “reasonable” amount of time after the accident.
When Specifically Should I Speak To A Lawyer After A Car Accident?
As with medical care, it is important to see a legal professional as soon as possible after an auto accident. Aside from finding ways to use your words against you, insurance companies might go through your social media accounts to try to find evidence that will contradict your story or prove you are not in as much pain as you say you are. Our experienced California car accident lawyers can help you fight these insurance company tactics. The sooner you have an attorney fighting for you, the better protected you will be.
Let our experienced car accident attorneys handle your legal claim so that you can focus on your recovery. You don’t need to wait until you are done with your medical treatment to meet with a lawyer. Sometimes, medical treatment can take months – or even years. Your legal rights are in jeopardy without legal representation, so you do not want to wait. Find a car accident lawyer in California as soon as you are medically stable and able to do so. They will help move your case forward while you are finishing your medical treatment.
How Much Is My Car Accident Case Worth?
Knowing the exact value of your claim can be a challenge without the help of our knowledgeable California car accident lawyers. Several key elements influence how much your case is worth, including the severity of your injuries, your medical expenses, lost wages, and property damage.
To give you a better idea, here are some figures from some of our recent cases:
- We recovered $6,000,000 after a head-on collision killed a beloved wife and mother. The at-fault driver was under the influence of alcohol and crossed the double yellow line. Despite attempts by the defense to contest the coverage and liability of the insured, our team successfully secured the maximum policy limits for our client.
- We secured $5,250,000 for our client, who suffered paraplegia after a collision with an inattentive driver. We recovered the maximum policy limits as well as workers’ compensation benefits from our client’s employer since he was working during the accident.
- We won $4,100,000 for our client, who suffered multiple broken bones and other severe orthopedic injuries in a car accident. Heavy fog covered the road when the at-fault driver attempted a left turn in front of our client.
Common Types Of Car Accidents Our California Lawyers Handle
Our lawyers in California have handled numerous types of car accidents, from minor fender benders to severe cases like rollovers. We take a meticulous approach to providing victims with strong legal representation, going beyond the surface to uncover details that strengthen a case.
Our California lawyers for car accident victims have handled the following common types of car crashes:
Side-impact Collisions
A side-impact collision happens when the front of an automobile hits the side of another vehicle. The danger comes from the lack of protection on the sides of most cars compared to the front and rear. Side impact car accidents most commonly occur in the middle of intersections due to people’s failure to yield at a stop sign or red light.
These accidents can result in severe injuries that require expensive medical treatments, surgeries, therapies, and other special injury-related care. You and your family might incur serious debt and make sacrifices to pay for these costly yet necessary healthcare treatments.
We are here to protect the rights of accident victims suffering from physical and emotional injuries. Our side-impact collision injury lawyer in California can recover compensation for your injuries and losses.
Fatal Car Accidents
Arash Law specializes in car accidents resulting in death. Family members are entitled to receive damages for wrongful death, medical bills, loss of financial support, pain and suffering, and other accident-related expenses. Fatal car accidents are grave tragedies that impact the lives of so many people. Although a wrongful death lawsuit cannot reverse your loss, it is a small step toward holding negligent people accountable.
As car accidents continue to be a major cause of untimely deaths, the best car accident lawyers California offers are advocating for improved road safety and helping families of deceased victims get justice from negligent parties. We understand the intricacies involved with handling these severe and emotional cases, and we cater to all of our client’s needs. As we take all of our personal injury and wrongful death cases on contingency, you do not pay for anything until and unless your case is resolved successfully.
Head-On Collisions
The dependable car accident attorneys from our firm are experienced in handling head-on car collisions in California. A head-on accident is defined as the front end of any two vehicles hitting each other. This type of crash happens mainly at traffic lights, stop signs, blind intersections, and on freeways.
Head-on crashes at intersections occur when drivers disregard traffic laws and signals, such as red lights, stop signs, or yield signs. Freeway head-on collisions usually happen when drivers enter the wrong way on on-ramps or off-ramps, sometimes due to intoxication or drug use. At our law firm, our goal in a head-on collision case is to help clients in every way.
We will fight to recover the financial resources they need for lost income due to the injuries caused, medical bills, and pain and suffering. Also, we will assist with getting you the best health care, physical therapy, and mental health needs. Head-on automobile accidents are complicated cases, and we have the experience to get you the best recovery.
Rear-End Accidents
Rear-end accidents are among the most common types of car accidents. In a typical rear-end accident case, driver “2” hits driver “1’s” completely stopped car from behind, and since driver “1” has no warning of getting hit, driver “1’s” injuries are usually severe and long-lasting.
Arash Khorsandi and his team of personal injury lawyers can represent you if you have been a victim of a rear-end car accident. Our car accident attorneys in California focus on getting you the best results for your case. We represent drivers and passengers in all claims. Not all personal injury lawyers are the same, so don’t just settle before speaking directly with one of our rear-end collision or car wreck lawyers.
Intersection Accidents
Our car accident law firm has represented numerous car, motorcycle, bus, and truck collisions that have taken place at an intersection. Most intersection accidents are caused by a driver who was carelessly driving or on their cell phone and not paying attention to the road. Intersection accidents could also occur when a driver is under the influence of alcohol or drugs and/or simply speeding and passing a red light.
Intersection accidents involve extensive medical bills and other damages. In cases of severe injuries, such as paralysis or head trauma, the victim may require special care. Our California car accident lawyers handling crashes at street intersections can help the injured victim recover from all the damages.
Hit-And-Run Accidents
A hit-and-run happens when the driver involved in an accident leaves the scene without fulfilling their legal obligations. This means they didn’t stop to report the accident to the authorities or exchange information with other parties. Hit-and-run accidents can also involve pedestrians or cyclists.
Drivers who flee the scene want to avoid responsibility, especially if they are uninsured or intoxicated. Apprehending the hit-and-run driver can be challenging, but law enforcement will leverage witness accounts, debris analysis, and traffic camera footage to identify the runaway driver.
Whether or not the driver who harmed you is found, you deserve to recover your damages. Our hit-and-run car accident attorneys will help you identify the best avenue for recovering compensation.
Rideshare Accidents
Ridesharing services like Uber and Lyft have become a popular and convenient way to travel. Compared to traditional taxis, they’re usually cheaper and cleaner. But what happens if you are injured in an Uber crash or a Lyft accident?
Ridesharing companies provide insurance coverage for drivers when they are logged into the app. However, the type and extent of coverage can vary depending on the situation (e.g., actively waiting for a ride request, driving to pick up a passenger, etc.).
The claims process can be complicated and time-consuming, especially if there are disputes over liability. Consult our California car accident lawyers, who specialize in rideshare injuries, as soon as possible. They will face these rideshare giants head-on just to obtain the compensation they deserve.
Elderly-Related Car Accidents
According to the NSC, adults over the age of 75 have the highest fatality rate in motor vehicle collisions. Car accidents can be particularly dangerous for seniors. With age comes a natural decrease in bone density and organ function. This vulnerability makes even seemingly minor collisions more likely to result in serious injuries.
Injured seniors tend to take longer to heal than young, healthy adults. Some elderly people may never fully recover, depending on the circumstances of the accident. In the worst-case scenario, their injuries can lead to a lifetime of medical bills.
Unfortunately, insurance companies might argue that the injury stemmed from a pre-existing condition and not from the accident. This tactic helps them dodge a larger payout.
Our California car accident lawyers can review medical records to establish a clear timeline of the victim’s health before the accident. They will gather witness statements and police reports and work with medical experts to build a strong case proving the accident caused the injuries.
Accidents Involving Driverless Vehicles
Self-driving cars, or autonomous vehicles (AVs), hold immense potential to transform transportation. The development of self-driving vehicles by businesses like Tesla and Google promises to improve road safety and efficiency.
However, the testing and development phase raises concerns about their readiness for public use. Several fatalities and injuries have been linked to collisions with driverless cars. There are also reports of test vehicles spontaneously combusting while they were parked.
One of the biggest issues in claims involving driverless cars is determining liability. Was the accident caused by a malfunction of the self-driving system, a programming error, or the human driver failing to take control when necessary? Our car accident lawyers in California can help you dissect the evidence to establish liability and hold all the at-fault parties accountable.
Rain-Related Car Accidents
When it rains, California roads often witness trucks in ditches, cars in highway pileups, T-bone collisions at intersections, and rear-end incidents at traffic stops. Driving during a rainy day is already risky, but some commuters make matters worse by driving recklessly, getting distracted, speeding, or driving under the influence. These actions significantly increase the risk of rain-related accidents.
In California, renowned for its sunny climate, rainfall is a seasonal occurrence typically observed between October and March and eagerly anticipated by residents as a distinctive feature of the state. During this time, driving on wet and slippery roads can pose considerable challenges, especially for drivers unaccustomed to such hazardous conditions. The combination of rain or snow and slick surfaces greatly hampers a driver’s control of their vehicle, leading to difficulties in maneuvering.
What If I Have A Pre-Existing Condition Prior To A Car Accident?
Car accidents become more complicated when pre-existing medical conditions enter the picture. They can include chronic illnesses, past injuries, or any health issues that existed before the accident that led to the claim.
California follows the “eggshell plaintiff” rule. This means the at-fault party is responsible for the full extent of your injuries, even if a pre-existing condition makes you more vulnerable. This implies that you might still be eligible for compensation for any injuries brought on by someone else’s negligence, even if you have underlying health issues.
Victims with a pre-existing condition should fully disclose this information to their car accident lawyers in California to avoid complicating the case further. Failure to do so might undermine the claim’s credibility.
What Happens If You Don’t Report An Accident In California?
California law mandates that drivers involved in an accident resulting in injury, death, or property damage exceeding $1,000 must report it. This means filing a report with the California Highway Patrol (CHP) within 24 hours and submitting an SR-1 form to the Department of Motor Vehicles (DMV) within 10 days.
Failing to file a report can lead to serious consequences, including fines, driver’s license suspensions, or even misdemeanor charges. Having no documentation of your accident could also make it difficult to file an insurance claim or seek compensation for damages if you’re injured.
Reporting an accident creates an official record of the event, which can be crucial if there are any disputes about fault or damages later. The resulting incident report also records valuable details, which are essential for insurance claims and potential legal action.
Even in minor accidents with no injuries and minimal damage, it’s still recommended to file a report. This creates a paper trail and can be used by your California car accident lawyer to protect your rights in case unforeseen issues arise later, such as hidden car damage or delayed injuries.
Typical Causes Of Car Accidents In California
Here are some of the common causes of vehicular accidents:
Speeding
Our car accident lawyers in California actively advocate for safer roads and fight against those who engage in reckless driving practices, including going beyond the speed limit. Speeding under normal circumstances or driving too fast in poor weather conditions can be deadly. This aggressive behavior is one of the primary culprits behind traffic fatalities in the state.
Aggressive Driving
Aside from speeding, weaving through traffic and tailgating are all hallmarks of an aggressive driver. Road rage, a particularly dangerous form of aggressive driving, involves threats, obscene gestures, and even attempts to ram other vehicles. Uncontrollable anger can cloud judgment and lead to reckless driving maneuvers that endanger everyone on the road.
Texting While Driving
Texting and driving is a significant breach of the driver’s duty of care and can constitute negligence on a legal level. It is an unlawful act in California that can result in someone else’s serious injury or death.
California Vehicle Code, Chapter 12 Section 23123.5, has three provisions regarding cell phone use:
- No handheld cell phones. No driver may use a handheld cell phone while operating a vehicle to make calls or for any other reason. This law applies to all persons driving in California, whether they live in the state or not.
- No hands-free cell phones for drivers under the age of 18. Drivers 18 and older may talk on hands-free devices or via speakerphone as long as any earpieces do not cover both ears. Drivers under 18 cannot use hand-held or hands-free devices.
- No texting and driving. There is a separate law that bans texting, emailing, social media, and any other use of a wireless device while driving.
The only exceptions to these laws are if the driver is making an emergency phone call, operating a vehicle on private property, or is an emergency service professional. The law does not apply to factory-installed devices within the vehicle.
Texting and driving kills! If you have reason to believe another driver was illegally using a cell phone behind the wheel, speak to one of our California car accident lawyers! The investigative team at our firm can gather phone records for your case as evidence if you think the at-fault driver was illegally using a cell phone behind the wheel.
Other Forms Of Distracted Driving
Distractions aside from texting are particularly dangerous because they divert the driver’s attention away from the road, the consequences of which can be severe. Even a few seconds of distracted driving can mean missing a crucial traffic signal or failing to react in time to avoid an obstacle. Some common distractions are:
- Eating
- Talking to a passenger
- Tending to children in the back seat
- Switching radio stations
- Looking for something that fell on the floorboard
- Applying makeup
Drinking and Driving
Driving under the influence (DUI) is one of the most flagrant acts of recklessness a driver can commit. Despite knowing the dangers, thousands of drivers every year operate their vehicles after drinking alcohol.
According to the NHTSA, an average of 37 people lose their lives every single day in drunk driving accidents. That’s one person every 39 minutes. In 2021 alone, there were over 13,384 fatalities, a 14% increase from the previous year.
If an intoxicated driver caused your accident, leading to serious injuries or the death of a loved one, immediately contact our dedicated California car accident lawyers. Police likely conducted a field sobriety test or a breath, blood, or urine alcohol test directly following the collision.
There may also be eyewitnesses who can attest to seeing the driver drinking before getting into the car or driving erratically in the minutes leading up to the crash. Our California car accident lawyers specializing in drunk driving cases can use all of these as evidence of the other driver’s intoxication or inability to operate the vehicle safely. Our consultations are always free and confidential, without any obligation to sign.
Drowsy Driving
Drowsiness, just like intoxication, impairs critical driving skills. Reaction times slow down, and judgment becomes clouded. Microsleeps, or brief moments of unconsciousness lasting for a few seconds, can cause a driver to travel hundreds of feet blindly.
Ensure adequate sleep before getting behind the wheel. Recognize the warning signs of fatigue, such as heavy eyelids, difficulty focusing, and frequent yawning. If drowsiness sets in, pull over for a nap or switch drivers.
Can Dashcam Footage Be Used As Evidence In A Car Accident Case?
Yes — our California car accident lawyers can use the videos recorded by a dashcam as evidence in the investigation of a case. Keep in mind that the videos recorded can be used for the benefit of the owner of the dashcam and can also be used against them. Technology plays a big part in helping capture unprecedented incidents like car accidents. Having dashcams onboard is a great way to provide evidence in the event that you face an accident.
Dashcams encourage motorists to drive carefully on the road, therefore reducing accidents. Most of the dashcams sold today can record audio and video from multiple angles. These devices can capture details you may not remember about the incident. The recorded video may contain proof of your innocence, which can help free you from the accusation.
Under California law, motorists are permitted to use a dashcam recording device in private vehicles. California laws require their installation in very precise areas on the vehicle’s windshield in order to lessen obstruction. Insurance companies have long been accepting pictures taken from cell phones. Now, they are also collecting videos from dashcams to help you get an insurance settlement when it is proven that the other party is at fault.
On the other hand, it can also implicate you in the offense. These videos can also be used by the defendant’s attorney to show that you are not entirely innocent. The video can provide information if you’re going above the speed limit or if you are being distracted by other factors and are not wholly focused on driving. When this is proven, the insurance company can reduce the total reward. Don’t fight the insurance companies alone, our California car accident lawyers are here to stand by your side. Call us for a free, no-obligation case review. We’re available 24 hours a day, 7 days a week.
Proving Negligence In A Car Accident Claim
Proving negligence is crucial to seeking compensation. The violation of a duty of care or negligence is at the core of most personal injury claims and lawsuits. To fulfill this duty, a driver must act with the same caution and responsibility as a reasonable person would in the same situation. Essentially, California drivers must obey traffic laws, drive safely, and prevent accidents. They owe this duty to passengers, other drivers, and pedestrians and accept responsibility each time they drive.
Proving negligence requires demonstrating that the other driver breached their duty of care or failed to act reasonably. Next, the plaintiff must show that this breach directly caused the accident; the collision wouldn’t have happened if they had acted with proper caution.
Clear and convincing evidence is key to establishing both the breach of duty and its role in causing the accident. This ranges from witness statements and police reports to accident scene photos and medical records. Our experienced car accident lawyers in California can gather and present these pieces of evidence to prove fault, essentially proving that the breach of duty caused your damages.
How Does Pure Comparative Negligence Impact Car Accident Claims?
Even if you are partially at fault for your accident, you may still be entitled to compensation. That is because California is a pure comparative negligence state. This system assigns a percentage of fault to each party involved in an accident. This percentage directly impacts the amount of compensation a plaintiff can recover.
For instance, imagine a rear-end collision where the defendant was texting and driving, but the plaintiff was exceeding the speed limit. A judge or jury would determine the respective percentages of fault, perhaps 90% for the texting driver and 10% for the speeding plaintiff.
Pure comparative negligence allows partially at-fault plaintiffs to seek compensation for their losses. The percentage of fault, however, reduces the award. So, if the plaintiff’s total damages amounted to $10,000, they would be entitled to recover $9,000.
How would comparative negligence laws apply to your case? Reach out to our car accident lawyers in California so we can discuss this further.
How Does The Car Accident Settlement Process Work?
After gathering evidence and exchanging information in the discovery phase, your car accident attorneys will draft a formal demand letter. This document will outline the defendant’s liability in the accident, the injuries you sustained, and the recoverable damages necessary “to make you whole again.”
Your California car accident lawyers may strategically delay formal negotiations until they can obtain a more accurate assessment of your medical needs and other associated costs. In some cases, consultations with medical experts are needed to determine the extent of future treatment. An economist may also be brought in to project the lifetime cost of this care.
Once the groundwork is laid, both (or all) attorneys can engage in settlement discussions. If an agreement seems close but isn’t quite there yet, mediation may be arranged, where a neutral third party facilitates a conversation between the opposing parties. This informal setting allows for open communication between all parties without the fear of saying something that may be held against them in court.
If initial mediation doesn’t yield a satisfactory outcome, it doesn’t necessarily mean all hope is lost. Sometimes, the information gained from the process can pave the way for a more productive future negotiation session or even another attempt at mediation.
How Long Does A Car Accident Settlement Take In California?
Every case is different, and the settlement timeline will depend on many factors. For example, our California car accident lawyers might resolve a case involving minimal injuries within a few weeks. However, more intricate cases involving severe injuries or disputed faults can take much longer, potentially stretching into years.
Statute Of Limitations For Car Accident Claims In California
The statute of limitations is a set of deadlines dictating how long you have to file a lawsuit to seek compensation for damages. In California, the time limit for personal injury cases, including car collisions, is two years from the date of the accident. This means you have two years to file a lawsuit against the at-fault driver (or their insurance company) to recover damages like medical bills, lost wages, and car repairs.
There are a few exceptions to the two-year rule. For example, if you were a minor at the time of the accident, the clock is “tolled” or paused until you turn 18.
If you wait longer than two years to file your lawsuit, you could be barred from seeking compensation, even if the accident wasn’t your fault. Even if you think you have plenty of time, it’s still wise to consult with our car accident lawyers in California as soon as possible. They can help you explain your deadlines and any exemptions that may apply to your case.
Car Accident Statistics In California
Here are some key figures from recent data about car accidents:
- California saw a sharp rise in traffic-related deaths, with fatalities climbing 7.6% from 3,980 in 2020 to 4,285 in 2021, according to the OTS.
- Alcohol-related fatalities increased by 16%, with the number of deaths climbing from 1,180 in 2020 to 1,370 in 2021.
- According to Berkeley SafeTREC, there were 751 drug-related traffic deaths in 2021, reflecting a significant 41.4% decrease from the previous year.
- In 2021, 1,509 people were killed in speeding-related crashes, reflecting a 16.5% increase compared to the previous year.
- There were 140 fatalities related to distracted driving in 2021, reflecting a significant 27.3% increase from the year before.
- There were 604 older adults (drivers aged 65 and older) killed in traffic accidents in 2021, representing 14% of all California motor vehicle fatalities.
Should I Hire A Car Accident Lawyer To Settle My Case?
While it’s technically possible to represent yourself in a car accident case, it is not the wisest course of action. Self-representation can put you at risk of making mistakes and missing your opportunity to recover for your damages. Negotiating with insurance claims adjusters is difficult, and the stakes can be high. Protect your rights and your future by hiring the top-rated car accident lawyers California trusts to settle your case or take it to trial if need be. Our car accident lawyers work on a contingency-fee-basis, meaning you only pay attorneys’ fees if we win you a monetary award.
Should I Get An Attorney For A Minor Car Accident?
Yes, because dealing with insurance companies and paperwork after an accident can be stressful, even for minor incidents, which often involve minimal property damage and no immediate injuries. This might lead you to think you can handle the situation yourself by filing a claim with your insurance company. However, they will do everything to minimize payouts. Injuries from minor accidents that are not immediately apparent may also show later on.
Our California car accident lawyers can handle the legwork, negotiate with insurers on your behalf, and tirelessly fight for fair compensation. Their expertise can save you time and frustration, allowing you to focus on recovering.
Contact Our Expert Car Accident Lawyers In California Today
If you believe you have grounds to file a claim, retain a local California car accident lawyer near you who can help you navigate accident and personal injury laws. Arash Law, founded by Arash Khorsandi, Esq., has decades of experience throughout California and has secured million-dollar settlements and verdicts for our clients.
Our California car accident attorneys can investigate your crash, identify the potential defendant(s), and file your claim with the civil court system as quickly as possible. Don’t delay – you’re just a phone call away from learning about your legal options. Call (888) 488-1391 to schedule a free case evaluation with a reputable California car accident lawyer today!
We offer our services throughout California, including these areas: Fresno, Visalia, Los Angeles, San Diego, Sacramento, Stockton, Modesto, San Francisco, Oakland, San Jose, Victorville, Santa Ana, Riverside, Lancaster, Newport Beach, Irvine, and Chula Vista.
