Mission Viejo Car Accident Lawyer

Car accidents are one of the leading causes of personal injury claims in Mission Viejo and throughout California. Every day, many drivers suffer severe injuries from accidents caused by negligence, recklessness, or even intentionally dangerous driving. If you or a loved one recently suffered injuries in a car accident that someone else caused, a Mission Viejo car accident lawyer can provide the legal guidance you need to determine the correct route to recovery.

Easton & Easton is a team of dedicated and experienced Mission Viejo attorneys who can provide the legal representation you need after a car accident. Typically, the first step toward recovery after a car accident in California is to file an insurance claim against the at-fault driver’s auto insurance policy, but this may only yield compensation for a portion of your total damages.

Our goal is to get you the appropriate recovery. Not only can we handle your insurance claim on your behalf, but we can also guide you through the additional legal steps you may need to take to enable the fullest recovery possible. Our Orange County car accident lawyers serve Mission Viejo and all of Orange County.

Is It Worth Getting a Lawyer for a Minor Motor Vehicle Accident?

You may wonder if you really need to hire an attorney for a car accident, especially a seemingly minor one. If you have a minor accident with another driver, it’s possible to work out a solution with the other driver or settle the matter with just an insurance claim. However, the determining factor in deciding whether you need to hire an attorney is injury.

If you sustained an injury, however slight it may seem at first, it is always smart to hire an experienced Mission Viejo car accident lawyer to assist you with your recovery.

Some accidents cause seemingly minor injuries that worsen very rapidly. Others cause injuries that do not show noticeable symptoms right away. If there is any room for doubt as to whether you need legal representation after a car accident, knowing what to do after a car accident in Mission Viejo can help protect your claim while you contact an attorney to determine your options for legal recourse.

How Do I Choose an Attorney for My Car Accident Case?

Finding the right attorney can make a significant difference in the outcome of your car accident claim. If you are unsure which local attorney would be well suited for your case, it’s worth the trouble to arrange consultations with your top candidates. A consultation is an opportunity to interview a potential attorney and determine whether they would be a good fit for your claim.

When it comes to choosing a Mission Viejo car accident lawyer to represent you, it’s vital to evaluate a potential attorney’s experience level with cases similar to yours, their strategy for handling your case, and their billing policy.

Easton & Easton offers more than 100 years of combined experience handling California personal injury claims, including countless car accident claims on behalf of clients in and around the Mission Viejo area. We know how to approach the most complex car accident claims and deal with difficult insurance claim adjusters on behalf of our clients. Our goal is to help you get compensation you are entitled to under California law.

Most Common Causes of Car Accidents in Mission Viejo, California

Car accidents happen for many reasons and in many ways, but the most common causes of accidents that generate personal injury claims in the Mission Viejo area include:

• Drunk driving. It is illegal and extremely dangerous for anyone to drive while under the influence of alcohol or drugs. Any driver who causes an accident due to driving under the influence (DUI) could face criminal prosecution under California’s DUI laws as well as civil liability for any damages they cause to others.
• Distracted driving. The leading cause of car accidents in the U.S. is distracted driving. This encompasses many possible behaviors, including cell phone use, eating while driving, or simply being cognitively distracted when a driver should be paying attention to the road.
• Vehicle defects and mechanical failures. Drivers must address known safety issues with their vehicles as soon as they recognize them. Additionally, a vehicle manufacturer or a parts manufacturer could face liability for car accident damages under product liability law if a defective vehicle or part causes an accident.
• Moving violations. Drivers must obey the rules of the road and adhere to posted traffic signs. Speeding, changing lanes or turning without signaling, aggressive driving, and failing to stop at stop signs and red lights are some of the most common moving violations that lead to accidents.

Whenever a car accident occurs, your first steps immediately after the accident can have a tremendous impact on your ability to recover compensation for your losses. Understanding California car accident reporting requirements is essential, as the state requires drivers to report all crashes that cause injuries, deaths, or significant property damage.

Always err on the side of caution and report an accident if you are unsure whether you need to by law. This may prevent you from incurring any legal penalties for failing to report an accident as required, and it could also generate a police report of the incident which you may need later.

After a car accident, make sure your vehicle is stopped and check yourself and your passengers for injuries. If you are severely injured, call 911 if you are able to do so and wait for emergency responders to arrive. If you are able to get up and move around, be careful not to aggravate any injuries you may have sustained. Check on the other drivers involved. Then, contact the police.

If you feel well enough to do so safely, the time you spend waiting for first responders should also be used to take photos of your injuries, the damage to your vehicle, and the scene of the accident. These photos could be crucial for succeeding with an auto insurance claim and/or personal injury claim against the driver who caused the accident.

Common Injuries Sustained During Car Accidents

Car crashes can cause a wide variety of harm. Some of the most common types of injuries seen in motor vehicle collisions include:

• Traumatic brain injuries. TBIs often occur when a vehicle occupant’s head hits the wheel or window, or when their brain shifts inside the skull due to the sudden impact. The symptoms of TBIs can be delayed.
• Spinal cord injuries. Fractured vertebrae, damaged discs, and other back issues can all occur in car accidents, as well. They can lead to chronic pain, weakness, or paralysis. Spinal cord damage can leave you facing a lifetime of disability.
• Soft tissue injuries. Whiplash is the most common form of soft tissue injury incurred during car crashes. It occurs when your head and neck snap quickly back and forth during an accident. Soft tissue injuries often don’t show up on medical imaging.
• Broken bones. Arms and legs often get fractured or crushed in car accidents, and the joints can also suffer damage, leaving accident victims in need of reconstructive surgery.
• Cuts, scrapes, and burns. Shattered glass and torn metal often cause deep lacerations. Contact with engine components or airbag chemicals can cause burns. Some of these injuries can be severe and lead to permanent disfigurement.
• Psychological injuries. Accident victims often develop psychological issues, such as post-traumatic stress disorder, anxiety, and driving phobias. These are also considered compensable harms.

The type and extent of your injuries can help to determine the value of your claim. Understanding what is the most common injury in a car accident in California can help you recognize symptoms early. More severe injuries that lead to long-term medical care or lasting disability tend to be worth more than minor issues like broken bones or lacerations that can be addressed with minimal medical intervention, require little time off from work, and tend to heal quickly and completely.

Dealing With Insurance Claims After a Car Accident in Mission Viejo, CA

Auto insurance is usually the first step toward recovering your losses from a car accident. California upholds a fault-based system for auto accident claims, meaning an at-fault driver is legally responsible for any damages they cause. This may sound straightforward, but dealing with auto insurance claims is rarely easy.

If the at-fault driver does not have insurance, you must have your own underinsured/uninsured driver coverage to secure any insurance coverage for the accident. If this is not an option, or if you exhaust the coverage available from the at-fault driver’s policy, knowing how long you have to report a car accident to your insurance in California is critical before filing a personal injury claim under California car accident laws.

Your Mission Viejo car accident attorney can assist you in filing your insurance claim. Having an attorney sign your demand letter for coverage could substantially decrease the chance that the insurance claim adjuster assigned to your claim might mishandle it in any way. Once you have obtained a suitable insurance claim payout, your attorney can help you determine whether further legal action is necessary for your recovery.

Personal Injury Compensation Beyond Insurance

While an insurance claim payout may provide some immediate financial relief after a car accident, your damages could eclipse the scope of available insurance coverage. When evaluating how much your car accident case is worth in California, your Mission Viejo car accident lawyer can help you file a personal injury claim against the driver who caused your accident.

California law allows a personal injury plaintiff to recover compensation for any and all damages resulting from a defendant’s negligence. Your successful car accident claim could potentially help you recover:

• Medical expenses, both immediate and future. If you suffered physical injuries in your car accident, you have the right to claim compensation for any and all medical expenses you incurred from those injuries. This applies not only to immediate medical expenses like hospital bills, but also any long-term treatment costs you incur.
• Lost income. Your injuries may prevent you from working while you recover. You can include lost wages in your car accident claim, and if you are unable to return to work in the future, you have the right to compensation for your lost future earning capacity.
• Property damage. Auto insurance may provide coverage for vehicle repair bills or even the total cash value of your vehicle. However, if insurance cannot fully repair or replace your vehicle, or if you sustained additional property losses in your accident, you could include these losses in your car accident claim.
• Pain and suffering. California law allows a personal injury plaintiff to recover compensation for their physical pain and psychological suffering from an accident. Your Mission Viejo car accident lawyer can help you determine the most appropriate amount of pain and suffering compensation to include in your claim.

In rare cases, car accident victims may also be awarded punitive damages in California. Punitive damages are designed to punish defendants for intentional or egregiously reckless behavior, but they still result in higher settlements for accident victims. You may receive punitive damages if the accident was caused by a driver’s intentional act, or if they were driving drunk with an exceptionally high blood alcohol content.

An experienced Mission Viejo car accident attorney can assist you in calculating the full range of your damages, and it’s common for plaintiffs to discover their claims are worth much more than they originally expected. If commercial vehicles were involved, consulting a Mission Viejo truck accident attorney can ensure all liable commercial entities are identified. This is yet another reason it is so crucial to invest in legal representation from a dependable team of Mission Viejo car accident lawyers.

Proving Negligence in Car Accident Cases

To receive compensation, you generally have to prove that the other driver was legally at fault. In most cases, this involves building a negligence claim. There are four elements of negligence that must be proven:

1. Duty. Drivers have a legal duty to operate their vehicles safely.
2. Breach. Drivers can breach that duty by acting recklessly or carelessly.
3. Causation. Those negligent actions can lead to accidents.
4. Damages. Accidents can lead to compensable harms, including both economic and noneconomic damages.

In intentional torts, the process looks a little different. Instead of proving duty of care and breach of duty, you’ll have to show that the defendant’s act was intentional. In all of these cases, you can work with your car accident lawyer to prove who is liable for your damages.

Mission Viejo Car Accident Statistics

Mission Viejo saw 176 car accidents within city limits in 2023. According to the California Office of Transportation Safety, 12 of those crashes were alcohol-involved, and 27 of them occurred due to speeding.

Why Hire a Car Accident Lawyer?

While you are technically allowed to represent yourself during negotiations with insurance companies and while you’re at court handling a car accident claim, understanding why your car accident settlement is taking so long in California can help you navigate insurance delays. It’s always a wise idea to hire a car accident lawyer as early in the legal process as possible. Your attorney can help you with every aspect of your case, from filing paperwork to representing you in court.

Lawyers know how to handle insurance companies, which have a reputation for offering drivers without representation low settlements that don’t cover their damages. They can protect your rights and interests throughout the legal process and handle everything from evidence collection to interviewing witnesses, and more.

Working with a dedicated attorney can help you improve your chances of receiving fair compensation. It can also help you remove some of the stress from your plate during what is sure to be a difficult time. Let your attorney focus on dealing with your legal case so that you can focus on healing from your wounds.

FAQs

Q: Where Do Most Car Accidents Happen in Mission Viejo?

A: Most car accidents in Mission Viejo happen along major thoroughfares and at busy intersections. If you’re trying to avoid accident-prone streets, the I-5, Alicia Parkway, Crown Valley Parkway, La Paz Road, Oso Parkway, and Jeronimo Road all see frequent car accidents. Commercial zones with heavy pedestrian traffic like the Shops at Mission Viejo also generate many low-speed collisions.

Unfortunately, accidents can happen anywhere, so sticking to supposedly safer areas won’t completely mitigate the risk of getting into a crash.

Q: Where Are Car Accident Cases Heard in Mission Viejo?

A: Car accident cases in Mission Viejo are not heard locally because there is no active local courthouse. Instead, they are heard in nearby Santa Ana at the Superior Court of Orange County Central Justice Center. It’s located at 700 Civic Center Drive West, which is a 20- to 40- minute drive up the I-5, depending on traffic.

Q: Where Can I Go for Medical Care Following a Car Accident in Mission Viejo?

A: You can go to Providence Mission Hospital Mission Viejo for medical care following a car accident in Mission Viejo. If your injuries are serious, you should call to request emergency medical services at the scene. Otherwise, head to the emergency department for a full evaluation of your injuries. If they are minor, you also have the option of scheduling an appointment with your primary care physician. Just don’t wait too long.

Q: What Time of the Day Do Most Car Accidents Happen?

A: The time of the day that most car accidents happen depends on the time of the year and the degree of severity of the crashes. According to the NSC, most non-fatal crashes occur from 12 to 4 PM in the summer, while fatal crashes happen later, from 8 to 12 PM. In the winter, fatal crashes peak between 4 and 8 PM.

Talk to a Mission Viejo Personal Injury Car Accident Lawyer

A car accident can be a life-changing experience, and it’s natural to feel lost and uncertain after another driver has caused an accident and injured you. At Easton & Easton, our goal is to help you hold them accountable for the damages they have caused and guide you through your legal proceedings.

If you have recently suffered damages from a car accident, we are ready to assist with your recovery. Contact us today for more information about our legal services and schedule your consultation.

Mission Viejo, CA Related Car Accident Resources

• Filing a Diminished Value Claim After a Car Accident in California
• Understanding California Car Accident Laws

Mission Viejo, CA Car Accident Legal Resources

• City of Mission Viejo Public Works Department – Traffic Engineering
• Orange County Sheriff’s Department – Mission Viejo Police Services
• Superior Court of California, County of Orange – Central Justice Center
• California Department of Motor Vehicles – Report of Traffic Accident (Form SR-1)