Brea Car Accident Lawyer

Car accidents happen every day in the Brea, CA, area. When a serious car accident happens, a victim may be left wondering how the accident happened, who is responsible, and how they can recover. A Brea car accident lawyer from our firm can serve Brea residents and others throughout Orange County in navigating this experience.

While most of these car accidents are resolved with insurance claims and do not entail severe injuries, serious accidents can happen unexpectedly and cause devastating losses to those involved.

Experienced Legal Representation for Victims of Car Accidents in Brea, CA

If you or a family member in Brea, CA, is recovering from injuries and calculating economic losses suffered in a car accident someone else caused, it is crucial for you to speak with an experienced attorney as soon as possible about your legal options.

Filing an insurance claim against an at-fault driver is usually the first step in recovering from any serious accident. However, many car accidents result in damages that eclipse available insurance coverage, and severely injured victims are likely to have many pressing legal questions in this situation.

The attorneys at Easton & Easton have years of experience handling a wide range of personal injury claims in Brea and have helped many clients recover from damaging accidents. At our family-owned firm, we know the obstacles you are likely to face in your recovery efforts after another driver’s negligence or misconduct behind the wheel results in severe damage.

Our goal in every car accident case we accept is to help our client navigate the insurance claim process as efficiently as possible. However, if this isn’t enough to cover their losses, we can make an effective personal injury claim on their behalf for a more sufficient recovery amount.

Common Injuries Sustained in Brea Car Accidents

The extent and type of injuries you suffer in a car accident could vary based on factors such as the severity of the crash, how fast you were traveling, and whether you were wearing your seatbelt. Common injuries in serious car accidents can include:

• Traumatic brain injuries
• Facial disfigurement
• Spinal cord injuries
• Broken bones
• Lacerations and abrasions
• Whiplash and other soft tissue injuries
• Internal bleeding
• Organ damage
• Traumatic or surgical amputations

Your final settlement amount could depend heavily on how seriously you were injured in the crash. You can prove the severity of your injuries by providing medical records and expert witness testimony. Understanding what is the most common injury in a car accident in California can help victims evaluate their medical diagnosis and legal options.

Determining Fault for a Car Accident in Brea

California uses the fault system to resolve car accident disputes. For example, if another driver hits your vehicle and injures you in Brea, you have the right to hold them accountable for all the damage. However, you must first prove they caused the accident in question.

This may sound simple, but proving fault in a personal injury claim requires clear evidence of the defendant’s negligence or misconduct. Some of the most common causes of car accidents that lead to difficult insurance claims and personal injury actions in Brea include:

• Distracted driving. Each year in the United States, distracted driving tops the list of most common causes of accidents throughout the country. Any type of distraction behind the wheel is potentially very dangerous, and an experienced Brea car accident attorney can be invaluable for gathering evidence to prove liability when you have no idea how you can show the court the defendant wasn’t paying attention behind the wheel.
• Intoxicated driving. Intoxicated driving is both illegal and extremely dangerous. Driving under the influence (DUI) typically leads to fines, jail time, and driver’s license suspension for most convicted drivers in California, but if a defendant causes injury to others while intoxicated, their penalties escalate significantly. They could also face a civil claim for damages caused to the victim.
• Speeding. Speeding is one of the leading contributing causes of fatal accidents throughout the country. Speeding dramatically reduces the time and distance a driver has to slow down or stop to avoid a crash. Speeding is especially dangerous when motor vehicle drivers hit pedestrians facing severe collision injuries, and accidents that happen at high speeds significantly increase the likelihood of fatalities. Speeding is especially dangerous when motor vehicle drivers hit pedestrians, and accidents that happen at high speeds significantly increase the likelihood of fatalities.
• Moving violations. These can startle other drivers and disrupt the flow of traffic significantly. Running a red light or performing an illegal turn can easily result in a devastating crash. Drivers could face criminal penalties depending on the severity of the moving violations they commit and the amount of resulting damage they cause to others.
• Intentional misconduct, such as reckless or aggressive driving. If an investigation reveals that a defendant was displaying a reckless disregard for the safety of others, or if they intended to harm the victim, the defendant faces severe criminal penalties in addition to liability for civil damages.

Regardless of how your accident happened, liability may not be immediately clear to you, or your injuries may have been so severe that you do not have any recollection of the accident or who caused it.

In any case, the attorneys at Easton & Easton take time to carefully examine the details of our client’s accident and review all accessible evidence. As a result, we know how to gather the documentation, witness testimony, or expert witness input you may need to prove fault for your recent accident and hold the responsible driver appropriately accountable for your damage. This applies whether you were involved in a multi-vehicle crash or suffered severe injuries while riding a motorcycle in traffic

How to Prove Negligence in a Car Accident

There are four things your attorney may need to show to prove a negligence-based car accident case. They are:

• The driver had a duty of care to behave in a certain way by driving safely and courteously.
• The driver breached that duty by performing one of the negligent behaviors described above.
• The driver’s behavior directly led to your accident.
• The accident led to injuries and/or other compensable damages.

Your attorney can help you gather the evidence required to prove these four elements. It may include things like photos of the accident scene and testimony by accident reconstruction professionals to show what caused the crash. Medical records and testimony from your doctor can show the extent of your injuries. Hospital bills, receipts for out-of-pocket expenses, and pay stubs to show lost wages can act as proof of the damages you suffered.

Filing an Auto Insurance Claim in Brea

Every California driver must have auto insurance that includes basic bodily injury and property damage coverage. When a driver is responsible for causing a car accident, their insurance policy could cover any damage they caused to others up to the policy’s coverage limits. At a minimum, your auto insurance policy in California must provide the following:

• $30,000 or more in bodily injury liability coverage for a single victim in a single accident.
• $60,000 or more in total accident liability coverage for bodily injury to multiple persons in a single accident.
• $15,000 or more in property damage liability coverage, which goes toward paying the victim’s vehicle repair bills.

These coverage amounts might seem like enough to cover car accident damage, but the reality is that a severe accident can very quickly eclipse the total amount of the at-fault driver’s insurance coverage. Additionally, California has one of the highest rates of uninsured drivers in the country, so there’s no guarantee that insurance will be available to you after your accident in Brea.

Ultimately, every car accident victim faces a unique set of challenges and opportunities for recovery. The attorneys at Easton & Easton accept every personal injury case with the goal of addressing the client’s unique needs and helping them secure the compensation they deserve as swiftly as possible.

We can guide you through the insurance claim process if the at-fault driver has appropriate coverage. Reviewing how long do you have to report a car accident to your insurance in California ensures you meet all strict carrier notification deadlines.  However, if they do not, or their insurance can’t cover your losses, we can compile an effective personal injury claim on your behalf to improve the odds of getting an acceptable recovery.

When to File a Civil Claim After a Car Accident

A successful insurance claim against an at-fault driver can potentially yield substantial compensation, but if you suffered catastrophic injuries and/or any level of permanent harm from the incident in question, you are unlikely to secure a full recovery with just an insurance claim. A Brea car accident attorney can be invaluable if you must file a personal injury claim to get an appropriate recovery from your accident.

The basis of a personal injury claim is an act of negligence or intentional misconduct resulting in actual harm. This “actual harm” can take the form of economic and non-economic damage, with the former being more straightforward.

The economic damages you can claim through your personal injury action are the direct financial losses caused by the defendant’s actions. For example, depending on how your accident happened and the severity of its effects, your claimable economic losses may include the following:

• Medical expenses. These include both the expenses incurred immediately following the accident as well as long-term treatment costs for serious injuries. Your Brea car accident attorney can help you gather whatever medical records and other documentation you may need to prove the scope of medical expenses the defendant caused you to incur and those you could incur in the future due to their actions.
• Lost income. Lost income includes not just the money you missed by skipping work while you healed but also lost future earning potential when you have been left unable to return to work due to the severity of the injuries you suffered. This may sound difficult to calculate, but an experienced attorney can help you estimate the income you would have reasonably expected to earn in the future if you hadn’t been injured.
• Property damage. This generally includes the cost of repairing or replacing the victim’s vehicle, but if any other personal property was lost in the accident, the plaintiff might claim compensation for these losses as well.

When you have an experienced Brea car accident attorney handling your recovery efforts, you are far more likely to secure compensation for the full scope of your economic damages. Understanding the factors determining the average car accident settlement in California can help set realistic financial expectations. State law also allows you to seek pain and suffering compensation.

“Pain and suffering” might sound subjective, difficult, or impossible to quantify, but there is no cap or limit on the amount a plaintiff can claim for a car accident in California. This compensation is meant to repay the victim’s physical pain, emotional distress, and psychological trauma resulting from a car accident. Your attorney can assist you in determining a suitable amount based on the breadth and severity of the long-term damage you face.

Ultimately, every car accident case is unique, and every plaintiff faces different challenges in their efforts to recover from these damaging events. When collisions involve commercial transport, understanding truck accident vs. car accident in California reveals why corporate liability claims require distinct legal strategies.

What to Expect When You Take Your Claim to Court

Car accident cases are typically heard at the Central Justice Center in nearby Santa Ana, though most civil claims are resolved in negotiations rather than through actual jury trials. If your case does go to trial, you don’t have to feel intimidated. Your lawyer can offer advice, guidance, and support throughout the legal process. This process can include:

• Filing the initial claim. Your attorney can file your formal complaint for you. It should identify the parties involved, describe the accident, and explain the legal basis for the case. Once your claim has been filed, the defendant must be formally served.
• Discovery. During this stage of trial preparation, your attorney and the attorney for the defense must exchange information and evidence. Your attorney can use tools like written interrogatories, formal document requests, and depositions to gather information that might not otherwise be available.
• Pre-trial motions. If either attorney has reason to ask the court to make rulings on specific issues, they could file pre-trial motions. Common examples can include excluding evidence or summary judgments.
• Mediation. It’s often the case that the two parties involved in a dispute must undergo mediation before they can proceed to trial. This process involves a neutral third party who helps both sides come to a mutually beneficial agreement regarding a settlement. However, it’s not binding, and a settlement may not be possible. In that case, you must go to trial.
• Jury selection. All trials begin with jury selection. During this process, your attorney and the attorney for the defense ask questions of the potential jurors with the intention of identifying biases and preconceptions that could negatively impact their abilities to evaluate your case fairly. The composition of a jury can influence the outcome of your case, so don’t underestimate the importance of jury selection.
• Opening statements. Each side must deliver an opening statement that provides a preview of what’s to come. Your attorney can introduce the facts of your case, describe your injuries, and let the jurors know what the evidence could show. A clear and effective opening statement provides the jury with a framework for considering the evidence that follows.
• Evidence and witness testimony. Your attorney should have the chance to present your case first. They can introduce evidence and call witnesses in support of your claim. Evidence could include anything from photographs of the accident scene and medical records to testimony from expert witnesses regarding accident reconstructions or the extent of your injuries.

You may act as a witness in support of your claim, but you may not have to.

• Closing arguments. During closing arguments, the two attorneys get the chance to interpret evidence, draw conclusions, and appeal to the jury. The closing argument should summarize the case and explain why the jury should find in your favor.
• Deliberation and verdict. The jury retires from the courtroom for private deliberations. Once they have come to an agreement regarding the outcome of the case, they can return and issue a verdict. If the jury finds in your favor, that verdict could specify the quantity of damages that should be awarded.

If your case must go to trial, it can substantially extend the timeline for finding a resolution. Having an attorney on your side who has dedicated litigation experience can help to keep the process running smoothly and eliminate potential mistakes and delays. How long your case takes could depend not just on your attorney’s experience level but also on the complexity of the case.

How Long Do I Have to File a Car Accident Claim in Brea?

How long you have to file a car accident claim in Brea under local car accident laws varies depending on the type of claim you plan to file.

Recovery from a car accident in California typically requires an insurance claim, followed by a personal injury claim, if necessary. Knowing California car accident reporting requirements helps ensure crash details are formally submitted to state authorities on time. The victim must notify the at-fault driver’s insurance carrier of their intent to file a claim within a few days of the accident. If they proceed with a personal injury claim, they have two years to file their civil action. Reviewing the California car accident statute of limitations details how this deadline strictly applies.

Having two years to file doesn’t mean you should put off contacting a Brea car accident attorney. You should hire a car accident lawyer right away while all of the events are still clear in your memory, and it’s relatively easy to obtain the evidence required to prove your case in court.

How Common Are Car Accidents in Brea, CA?

According to the California Office of Traffic Safety, there were 171 car accidents in Brea, CA, in 2023. Of those, 25 involved alcohol, and another 26 were speed-related. These certainly aren’t the only forms of driver error and negligence that can lead to a crash, either. Many accidents occur due to inattention, inexperience, fatigue, and other issues.

FAQs

Q: How Much Compensation Can I Secure for an Auto Accident?

A: How much compensation you can secure for an auto accident varies. You have the right to pursue compensation for any and all economic losses the defendant caused and a suitable amount of compensation for the pain and suffering you experienced.

However, if you bear partial fault for the accident, you could lose some of your final compensation. Conversely, the severity and/or illegal nature of the defendant’s actions could compel a judge to enhance your recovery through punitive damages.

Q: What Happens if a Car Accident Is Fatal?

A:  If a car accident is fatal, the family of the victim can file a wrongful death claim instead of the personal injury claim the victim could have filed if they had survived. While similar to a personal injury claim in some ways, a wrongful death suit entails different legal issues and requires the attention of an experienced wrongful death lawyer. Unfortunately, many fatal accidents occur in the Brea area each year.

Q: Is It Worth Hiring a Brea Car Accident Attorney?

A: It is worth hiring a Brea car accident attorney. Don’t assume that hiring an attorney would cost more than the compensation you could obtain with their help. Understanding how much does a lawyer get from a car accident settlement in California helps clarify how contingency agreements operate. The attorneys at Easton & Easton offer legal counsel for personal injury cases on a contingency basis, so there is no risk to you if we cannot secure compensation for your losses. If we file your claim successfully, our contingency fee is just a percentage of your final compensation.

Q: Can a Driver Go to Prison for Causing a Car Accident?

A: A driver who causes a car accident may not go to prison unless they caused the accident through some illegal misconduct. If a driver intentionally causes an accident with the desire to do harm, they are likely to face felony prosecution for attempted murder and other charges. If a driver causes an accident because of DUI, they face enhanced penalties compared to what they would face for a standard DUI.

Q: Where Do Most Car Accidents Happen in Brea, CA?

A: Car accidents in Brea, CA, can happen anywhere, from major highways to the surface streets immediately surrounding your home. Most accidents occur along major commercial corridors like Imperial Highway, Brea Boulevard, and State Route 57. Carbon Canyon Road is also known to be hazardous, particularly during heavy rain and storm conditions, thanks to its many sharp turns. Collisions on these routes can involve massive commercial vehicles, requiring a dedicated truck accident attorney to protect victims’ rights. 

Hire a Car Accident Lawyer Today

The attorneys at Easton & Easton have helped many Tustin clients recover from their car accidents, and we are often able to surpass our clients’ expectations by uncovering various forms of compensation they didn’t know they could claim.

Our experienced lawyer team can provide the guidance and support you need during a very difficult time and assist you in improving the outcome of your recovery efforts after an accident someone else caused. Contact us today and schedule a free consultation with a Brea car accident attorney you can trust.

Brea, CA Car Accident Legal Resources

• Brea Police Department – Collision Report Requests & Records
• California Legislative Information – Vehicle Code Section 20008 (Accident Reporting)
• California Office of Traffic Safety – Brea Crash Data & Statistics
• National Highway Traffic Safety Administration – State Traffic Safety Information