Have you been injured in a car accident recently? According to the California Highway Patrol, car accidents led to over 3,500 traffic-related fatalities in 2019. In Orange County alone, more than 7 out of every 100,000 people die in accidents each year. For each person killed, more than six others are injured each year.
Even minor car crashes can have major effects on your emotional and financial well-being. If you’re a victim of an Orange County car accident, be sure to get in touch with an auto accident lawyer at the Khalil Law Group today.
California law relies on the concept of comparative fault, also known as comparative negligence, to determine who’s responsible for damages in car accident cases. This determination lowers the amount that the plaintiff might recover compared to a pure negligence system. The rule lets you still recover damages, even if you are 99% responsible for the accident.
Insurance companies assign a percentage of blame to the accident victims following the car crash. If both parties are equally responsible, you should receive a 50/50 split. If you were involved in a car accident because the other person broke a traffic law, it might be 70/30 in your favor.
Let’s say that you sustain injuries from a car crash in Southern California and sue the other driver for $50,000 in damages. The jury finds that the other person was 70% responsible, and you were 30% at fault. You would collect $35,000.
If you’re injured in a car accident, you need to prove that the other driver was negligent. The legal term means that a driver did not act with reasonable care. If your personal injury lawyer can prove negligence, it goes a long way toward obtaining compensation.
Your attorney needs to persuade the court of four things.
First, the court must accept that the defendant owed you a duty of care. In this case, the other driver had a duty not to drive in a way that would injure you. Some of the common causes of poor driving include:
Your Orange County car accident attorney must then demonstrate that the defendant breached this duty. This process involves establishing a standard for reasonable care, representing what a reasonable person might do in the same situation.
For instance, a reasonable person would not text and drive. If your attorney can prove that texting caused the automobile accident, you’re in a favorable position. Conversely, the defendant may have been driving on the Santa Ana Freeway and traveled below the speed limit due to inclement weather. If you rear-ended them, there might not have been a breach.
The third and fourth steps go together. Your lawyer must prove the breach happened only because of the defendant’s actions, making them at-fault for the damages.
The court system will want proof of loss, including medical expenses, car repair bills, and lost wages.
California law requires an attorney to show both actual and proximate cause. Actual causation means that the crash would not have happened if not for the defendant’s behavior. In the legal system, lawyers call this process the “but for” test.
Proximate cause involves foreseeability. An attorney must show that a reasonable driver would have foreseen the motor vehicle accident. For instance, texting and driving increase one’s chance of an incident.
Contact an Orange County car accident lawyer at the Khalil Law Group to schedule a free consultation and learn more about proving your claim.
A victim can claim financial and non-economic damages. Financial damages cover measurable losses, such as medical bills and car repairs. Non-economic damages don’t have an exact value and include things such as loss of consortium.
Most people seek financial damages. Car accidents can be expensive, with bills piling up for surgical procedures, physical therapy, and hospitalizations. A law firm also helps gain compensation for your missed time at work due to injuries.
Non-economic damages are challenging to prove because we can’t touch or see these injuries. A car crash may not cause physical harm, but it can leave you with emotional anguish, reputational damage, or an inability to enjoy certain activities. An attorney will work with physicians and psychologists to prove that these injuries exist.
Courts have different ways of compensating for intangible injuries. Some use a daily rate method where the victim receives a per diem until they recover from the accident. Others measure the pain and suffering on a scale from one to five, and multiple the result by the financial damages to determine compensation.
It doesn’t take much to suffer an auto accident injury. Researchers from ProPublica found that the chances of death increase exponentially when driving above 20 mph. For instance, the average driver has a 3% chance of dying in an accident at 20 mph but a 36% chance of dying at 40 mph.
Higher speeds also correlate with higher injury risk. According to DriverKnowledge.com, more than 3 million people suffer automobile accident-related injuries every year. Some of the most common ones include:
The United States Department of Transportation recommends wearing a seatbelt at all times to mitigate injury. Seatbelts were responsible for saving 14,955 lives in 2017. Research indicates that a seatbelt can reduce the chance of a fatal injury by 45% to 60% and a moderate to critical injury by 50% to 65%.
Motor vehicle accidents can be traumatic. It’s okay if you feel disoriented and confused. Take a moment to check for external injuries and broken bones. If you’re of sound mind, see if the other driver’s alright.
Whatever you do, do not admit fault. You can express remorse and concern, but don’t say you caused the accident, regardless of what happened. Admitting fault makes it significantly harder to earn compensation or defend yourself later.
Take photos and videos of the scene. Document the wreckage, weather, and personal injuries, too. Your accident lawyer in Orange County can use this evidence to strengthen your case following your free consultation.
California Vehicle Code §16000 requires anyone involved in an automobile accident to report it to the Department of Motor Vehicles (DMV) within ten days. Most of the time, a police officer will come to the scene and record what happened. The law enforcement official will note the accident’s time, location, and cause.
Cooperate with the officer. Withholding information will only lead to problems later. While the officer doesn’t determine who caused the car crash, they can assign blame. This determination can either bolster or hurt your car accident case.
Make sure to contact a car accident lawyer to discuss your legal options. At the Khalil Law Group, we represent clients across Southern California, including Los Angeles and Orange County. Here are just some of the cities where we have clients:
Get in touch with an auto accident attorney as soon as possible. It gives you the maximum amount of time to collect evidence, interview witnesses, and negotiate your insurance claim. When you call can make all the difference between a successful outcome and not.
Insurance companies make money by collecting premiums and deductibles. Every time someone gets in a motor vehicle accident, they lose money. It’s in the insurer’s best interest to pay car accident victims as little as possible.
Unrepresented people pose an easy target. The insurance company will do anything they can to under-compensate you for your injuries. At the Khalil Law Group, we have experience dealing with insurance agents and adjusters and will fight to earn you the maximum compensation.
Our car accident attorneys shift the comparative negligence away from our clients. If an insurance company finds you at fault for a portion of the accident, it can lower your settlement. Our aggressive litigation works to see that you receive the proper compensation to cover medical expenses, injuries, and other costs.
California Insurance Code §11580.1b requires all drivers to carry insurance when they drive. If you’re involved in a California car accident, your insurance provider will step in to cover some of the expenses. The policy can protect you, passengers, and your vehicle.
Policies must have the following minimums for liability insurance:
The specific coverage and compensation vary based on your policy. For instance, liability coverage compensates you for any claim related to bodily injury or property damage. Collision coverage applies to damage to another vehicle, while comprehensive coverage protects you against theft, fire, and vandalism, on top of traffic accidents.
If you broke your leg, you wouldn’t try to fix it yourself. You would visit a hospital and have a doctor repair your injury. The same applies to car accidents. An attorney in Orange County will provide the professional guidance you need to navigate the legal system.
At Khalil Law Group, car accidents are one of our foremost practice areas. We assist clients in building a robust case and earning compensation. Our law firm has nearly a decade of experience, making sure victims don’t have to face insurance companies or the courts alone.
Our Orange County car accident attorney will negotiate with insurance companies on your behalf. They understand the tactics insurers use to reduce settlement payments. A Khalil Law Group car accident attorney won’t settle until your claim receives the proper attention.
Personal injury attorneys collect evidence for your case. We talk with witnesses, gather police reports, analyze medical bills, and calculate lost wages. We gather documentation for validation purposes. Our lawyers in Orange County use this information to determine how much money you want in your claim.
Our law firm will also represent you in the rare case that your claim goes to court. Most people prefer to settle car accidents out of court because it’s faster and cheaper. If you find yourself in an Orange County courthouse, you can rest assured that we at Khalil Law Group will take care of the necessary paperwork and motions.
It’s easy to think you can handle the fallout of a car accident. However, even simple cases can become complicated when you factor in property damage, insurance companies, medical expenses, and compensation. It’s wise to get an Orange County car accident lawyer to guide you through the legal process.
Our knowledgeable and experienced attorneys at the Khalil Law Group help you make the most persuasive case for compensation. Whether a motorcycle accident or fender bender, we understand what it takes to recover damages so you can move on with your life. Our team ensures that you will get the compassionate guidance and aggressive litigation necessary to resolve your case.
Contact us at Khalil Law Group to schedule your free consultation as soon as possible. One of our car accident lawyers will review your case and discuss your potential legal options. Please get started by calling us at (714) 617-7870 or by emailing us at info@khalillegal.com now.
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