Newport Beach Car Accident Lawyer

Car accidents are one of the top-cited causes of accidental injuries and deaths in California each year. These incidents occur for many reasons, and it’s easy to feel lost in the immediate aftermath of a severe accident. You may not know how to prove who is at fault for the accident or what to do about it. If you or a loved one is struggling with injuries and damages that another driver caused, you need to consult with a Newport Beach car accident lawyer.

California imposes a fault rule for resolving car accidents. This means that if a driver causes an accident, they are responsible for paying for any damages they cause others.

All California drivers must carry liability insurance that comes into play when they cause accidents, but even a robust policy may not be enough to fully cover the damages you recently incurred from another driver’s negligence. Furthermore, even if fault is readily apparent, there is no guarantee that your insurance claim process and a subsequent legal claim would be easy to navigate on your own.

Easton & Easton’s Newport Beach car accident attorneys have years of experience guiding clients in Newport Beach and throughout Orange County in their car accident claims, and we can put this experience to work for you. If you are trying to determine the right path toward recovery after a serious car accident in the Newport Beach, CA, area, it’s essential to secure legal counsel you can trust for an improved chance of receiving a fair recovery.

How Do Car Accidents Happen in Newport Beach, CA?

Every driver encounters several risk factors each time they go out on the road. Unfortunately, the most prevalent risk factor for accidents is other drivers. Some of the most commonly cited causes of car accident claims in the Newport Beach, CA, area include:

• Distracted driving. This results in more accidents than any other cause each year in California.
• Driving under the influence (DUI). Drunk driving is both illegal and extremely dangerous. These accidents typically generate criminal court proceedings in addition to civil claims.
• Speeding. Drivers who violate speed limits are not only more likely to cause accidents, but those accidents are more likely to result in serious injuries.
• Aggressive and reckless driving. Swerving to intimidate others, lane-splitting, and tailgating are just a few reckless driving actions that can easily cause accidents.
• Moving violations. These include illegal turns and running red lights, which can startle other drivers and disrupt traffic flow.

Ultimately, if any other driver bears fault for your recent motor vehicle accident, you likely have grounds to hold them accountable for your damages. After a car accident in Newport Beach, the first step toward recovery is usually an insurance claim. If insurance is not enough to fully cover your losses, you may need to file a civil claim against the at-fault driver to recover the remaining losses.

Common Injuries in Newport Beach Car Accidents

The type and extent of the injuries you receive could depend on what caused your accident, how fast you were going at the time, and whether you were wearing a seatbelt. People not wearing seatbelts tend to receive worse injuries than those who were buckled in at the time of their crashes. Common injuries include:

• Traumatic brain injuries
• Facial disfigurement
• Broken bones and joint damage
• Lacerations, abrasions, and burns
• Internal bleeding and organ damage
• Spinal cord injuries
• Soft tissue injuries, including whiplash
• Psychological trauma

The more severe of these injuries, such as TBIs and spinal cord injuries, tend to lead to higher payouts because they often cause lasting damage, including permanent disability. TBIs can leave victims with permanent cognitive dysfunction, while spinal cord injuries can lead to full or partial paralysis.

Proving Liability in Car Accident Cases

Most car accident claims are founded on the theory of negligence under California car accident laws. It posits that a driver is responsible for operating their vehicle safely to avoid injuring other road users, and a breach of that responsibility constitutes negligent behavior. To prove liability, you’ll need to show not just that they breached their duty of care to you, but also that their reckless behavior led to your accident, and that the accident caused you compensable harm.

Insurance and Civil Damages for Car Accident Victims

Car accidents can easily cause devastating physical injuries. The injuries, in turn, generate expensive medical bills and further economic harm from the inability to work.

In addition, some personal injuries from car accidents can result in permanent disabilities. Therefore, every driver in California must have auto insurance that includes bodily injury liability coverage and property damage liability coverage.

California drivers must carry at least $30,000 per person and $60,000 per accident in personal injury liability coverage. However, a basic coverage policy may not fully compensate an injured driver’s damages from a severe accident.

Your Newport Beach car accident attorney can help you file your claim against an at-fault driver’s insurance policy, while keeping in mind how long you have to report a car accident to your insurance in California, assisting you in obtaining as much of a recovery as possible through insurance. However, when insurance isn’t enough to fully cover your losses, you must proceed with a civil claim against the at-fault driver. This claim can help you recover compensation for damages that their insurance won’t cover.

California’s personal injury laws allow a plaintiff to hold a defendant accountable for all damages resulting from the defendant’s actions. While car insurance may offer some compensation for your hospital bills and vehicle repair costs, a personal injury claim can help you recover lost future earning potential, long-term medical expenses for treatment of severe injuries, and compensation for your pain and suffering.

In some cases, personal injury claims can also lead to punitive damages. Punitive damages are assigned by courts when they believe that the driver engaged in intentional or egregiously reckless behaviors that should be punished. While the primary purpose of punitive damages is not to compensate accident victims, your settlement could still benefit substantially from them.

What to Expect if Your Case Goes to Court

Car accident cases are heard at the Superior Court of Orange County Central Justice Center, located at 700 Civic Center Drive West in nearby Santa Ana. Even if you must file a civil claim in court, understanding how long it takes to settle a car accident claim in California can help set realistic expectations while your attorney works to resolve your case in negotiations without going to trial. If it does go to trial, you may be asked to testify about what happened. Your attorney can help you prepare for this eventuality.

It’s normal to feel nervous about going to court, but knowing what to expect can help alleviate your stress. Every case is different, but the process generally follows the same steps and looks something like this:

1. Initial claim filing. Your attorney can file your initial claim with the court for you.
2. Discovery. The discovery process gives your lawyer a chance to use tools like interrogatories, depositions, and formal document requests to obtain information that could help your case.
3. Pre-trial motions. Your attorney may want to file pre-trial motions to preclude evidence or request a summary judgment.
4. Mediation. You may be required to undergo mediation before your trial can proceed. The results of mediation are not binding.
5. Jury selection. On the date of your trial, the process begins with jury selection. Your attorney can question each potential juror to uncover any hidden biases or previous experiences that could leave them unable to judge the case fairly.
6. Opening statements. Your attorney can use their opening statement to give a preview of what the case might involve.
7. Evidence and testimony. Your attorney can call witnesses to the stand to describe what they saw, use expert witnesses to explain things, and present evidence that supports your case.
8. Closing statements. Your attorney can explain what all of the evidence and testimony meant for your case and make a compelling argument to the jury for why they should find in your favor.
9. Verdict. After deliberating, the jury must issue a verdict. If they decide in your favor, they must also determine whether you held any amount of liability and how much compensation you should receive for your damages.

Going to trial can be a risky move because the jury could find in the defendant’s favor, leaving you with nothing. You may want to defer to your attorney regarding whether your case is strong enough to withstand a jury trial. Working with a skilled litigator can improve your chances of a positive outcome to your case.

How Common Are Car Accidents in Newport Beach?

In 2023, there were 494 fatal or injurious accidents in Newport Beach. Of those, 71 involved alcohol, and 149 were related to speeding. In many other cases, additional forms of driver negligence, such as distracted driving or aggressive driving, came into play.

What to Expect From Your Attorney

When you hire a car accident lawyer right after your crash, you get the benefit of their professional advice, guidance, and representation throughout the entire legal process. Your attorney can help you avoid common mistakes like accidentally admitting fault to an insurance adjuster or downplaying the severity of your injuries. They can also assist you with filing your initial insurance and legal claims.

You can trust your lawyer to handle all the details of your case. Your attorney can collect evidence, interview witnesses, hire expert witnesses to strengthen your claim, negotiate with insurance companies, and represent you in court, if you need to go to trial.

Working with a skilled attorney isn’t just the most effective way to improve your odds of success. You can also benefit from having a professional handle the details of your case so that you don’t have to worry about them. Instead, you can focus your attention on healing from your injuries and following your doctor’s orders.

FAQs

Q: Is It Worth Getting an Accident Lawyer?

A: It is worth getting an accident lawyer. Hiring a lawyer is a good way to help you obtain the necessary recovery after a car accident. Your legal team can assist you with your auto insurance claim and help you determine the damages you can seek in a civil claim. While it may be technically possible to hold an at-fault driver accountable on your own, it may be significantly easier with the help of a Newport Beach personal injury attorney.

Q: What Is the Average Settlement for a Car Accident in California?

A: There is no such thing as an average settlement for a car accident in California because every case is so different. The amount of your settlement could depend on factors like the severity of your injuries, how long it takes you to heal from them, whether you are left with permanent disabilities, whether you held any percentage of the liability for the accident, and how skilled your attorney is at negotiating with insurance companies.

Q: How Much Do Accident Lawyers Charge in California?

A: How much accident lawyers charge in California varies. Most personal injury attorneys use contingency fee billing, keeping their legal services accessible to those who need them most. A contingency fee means that the client pays a percentage of their case award to the attorney once the attorney wins their case. However, if the attorney loses the case, the client pays nothing.

Q: Can I File a Legal Claim After a Car Accident in California?

A: You may be able to file a legal claim after a car accident in California. The first step toward recovery after a car accident in California is filing an auto insurance claim against the driver responsible for your accident. If they do not have insurance, or if their insurance does not provide enough coverage to compensate all of your damages, you can proceed with a civil claim.

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

A: Most car accidents happen in Newport Beach, CA, along high-volume corridors and at busy intersections. Examples include Jamboree Road, MacArthur Boulevard, and the Pacific Coast Highway. Tourist and coastal hotspots are also prone to accidents due largely to high levels of pedestrian traffic and distracted driving. The Balboa Peninsula and the area surrounding Fashion Island are both good examples of this trend.

Hire a Car Accident Lawyer Today

It’s natural to feel lost and uncertain after a car accident that someone else caused. You are likely struggling with painful injuries and substantial economic losses that are interfering with your life in many ways, and the right attorney is an invaluable asset in this challenging situation.

If you are ready to discuss your case with a Newport Beach car accident attorney, the team at Easton & Easton is ready to provide the support and guidance you need to navigate your case successfully. If you are ready to seek financial recovery for your recent car accident, contact Easton & Easton to schedule a consultation with our firm.

Newport Beach, CA Related Car Accident Resources

• How Many Car Accidents Happen in California Each Year?
• What to Do After a Car Accident That Is Not Your Fault in California
• Who Is at Fault in a Car Accident When Backing Up?
• Understanding the California Car Accident Statute of Limitations

Newport Beach, CA Car Accident Legal Resources

• Newport Beach Police Department – Traffic Collision Reports & Records Requests
• Superior Court of California, County of Orange – Central Justice Center
• California Vehicle Code – Division 11 Rules of the Road
• California Department of Transportation (Caltrans) – District 12 Orange County