Practice Areas Car Accidents

A Santa Ana Car Accident Lawyer Can Help

Being injured in a car accident can lead to long-term, life-altering injuries, the costs of which can weigh upon your household for decades without a sufficient settlement. The purpose of reaching out to a Santa Ana car accident attorney following your car accident injuries is to receive help in building your claim so that you are able to recover not just what the insurance company might offer you in a low settlement but the complete and full present and future costs that you are entitled to. 

Speak with Us at the Law Offices of Benjamin Arsenian Today

Car accidents are common and often result in injuries to drivers and passengers. When this happens due to the irresponsible actions of a motorist, victims are likely eligible to seek relief—either from the involved insurance companies or directly from the negligent party. This can be a complex process and too many accident victims face resistance when pursuing relief for medical bills, lost wages, and other damages.

If you or a loved one have been hurt in an accident that wasn’t their fault, we invite you to contact us at the Law Offices of Benjamin Arsenian. Our Santa Ana car accident lawyers are familiar with the challenges claimants face in the aftermath of their accident and what can be done both in and outside the courtroom to illustrate the gravity of their injury.

Start this process today with consultation with our Santa Ana personal injury attorney. Contact our offices to request a free case evaluation.

Driver Negligence & Accident Liability

California is a “fault state,” which means it must be determined that one driver is at fault in an accident for liability insurance to provide coverage to anyone hurt. Sometimes this negligence is hard to establish—other times, it may be obvious. When fault is disputed, our firm is ready to collect the appropriate evidence and testimony to substantiate liability.

The term “negligence” is a legal concept that the insurance companies and courts apply to your claim or case. Negligence has four parts: 

1. Duty – a party must have some duty towards the injured party for the injured party to even have the potential of a claim. For example, drivers have a duty to follow the rules of the road and to be respectful of the other drivers on the road. 
2. Breach – the duty that the other party had towards you must have been breached. For example, when a driver is using their cellphone while driving they are breaking CA law and also being unsafe, which is a breach of their duty to other drivers. 
3. Causation – the breach of duty of the other party must be the cause of the accident or incident that led to your injuries. For example, if a driver is drunk, but had the right of way at a green-light and they were following all other traffic laws when you ran a red-light and t-boned them, the cause of the accident was not the driver’s drunkenness, it was you running a red-light. If, however, the drunk driver was the one who failed to notice a red-light or stop sign, went through it, and struck you, they would have caused the accident. 
4. Damages – there must be measurable and provable damages that resulted from the accident or incident that was caused by the other party’s breach of their duty towards you. Damages included property damages to your vehicle, in addition to medical costs, future medical treatments, as well as lost wages in the period immediately following the accident, and any change in your ability to earn from the remainder of your working life. 

We understand that the concept of negligence is complicated, and you should know that the insurance company has teams of claim analysts and lawyers who will pick apart your claim looking for areas it is missing. Denying your claim altogether is the highest profit outcome for the insurance company, but paying less than you deserve through a settlement offer is also a common strategy that insurance companies use to support their bottom line at your expense. 

Examples of driver negligence include:

• Speeding and aggressive driving – drivers on the road have a duty to follow the rules and laws of the road, and if they are speeding or engaging in other forms of aggressive driving and cause accidents, the driver will be liable for the damages caused 
• Drunk driving – all drunk driving accidents are preventable, and all drivers who make the decision to break the law and get behind the wheel while intoxicated are liable for any damages caused. 
• Distracted driving – The California Office of Traffic Safety notes that 
• Driving while fatigued – When drivers have not received adequate rest, they are incapable of driving safely due to reduced reaction times to changes in road conditions or traffic, and an overall drop in cognitive function. When it comes to accidents with large trucks, the Federal Motor Carrier Safety Administration notes that the outcome of the Large Truck Crash Causation Study (LTCCS) determined that 13 percent of accidents involving commercial trucks involved driver fatigue or drowsy driving. 
• Turning or merging without signaling – As with speeding, when drivers break the rules of the road, they will be liable for any damages that result. 
• Drifting out of lane/onto road shoulder – If a vehicle drifts out of lane, whether due to a lane-correction malfunction or driver error, the driver’s insurance company of the manufacturer of the lane-correction technology or vehicle could be liable for your damages linked to the accident. 
• Tailgating – Tailgating is a form of aggressive driving, and when you are not given sufficient space to operate your vehicle safely, or when another driver does not allow sufficient space to stop and rear-ends you, they may be liable for the resulting damages. 

Drivers are responsible for their actions on the road, and there are many ways to determine what they are doing. Requesting call logs or text message receipts for the period leading up to and during the accident, or asking witnesses what they saw and if the other driver seemed impaired. If the driver was in a commercial truck, it is possible that the level of attentiveness they were paying to the road was being tracked by a camera and computer program in their cabin. 

Trucking accidents in CA are common, and in the past there was the “black box” that would show how long a truck driver was working to determine if they were overworked or fatigued. In an increased effort at tracking productivity and enforcing minimums on their drivers, trucking companies have provided Santa Ana car accident lawyers with an excellent source of evidence to determine whether the driver was adequately rested, and paying attention to the road. 

How Do I Know and/or Prove What the Other Driver Was Doing to Cause the Accident? 

When the negligence of another driver causes an accident that injures you, it is often impossible for you to determine what the driver was doing before the accident. You were driving along responsibly following the rules of the road and were hit by an irresponsible and negligent driver. Determining what happened to prove liability so you can build a claim or case for your damages requires the collection of evidence. 

Calling the police to the scene as soon as possible following your accident helps to provide a record of the accident, and supports the exchange of information between the drivers involved and any witnesses present. If emergency medical personnel were called to the scene as you were unable to call the police, generally they would have responded and generated a report.

Your Santa Ana car accident lawyer uses a variety of legal instruments like requests for production, depositions, and other resources to determine what the other driver was doing in the moments leading up to and during the accident. We build your case from the ground up so that you can focus on recovering from your injuries. 

How to Recover Damages for your Santa Ana Car Accidents

Before explaining how our Santa Ana car accident attorneys can help you recover damages, it is helpful to explain how the process works from a birds-eye view. 

To collect damages for your injuries that result from an accident caused by another driver or party, you must:

• Gather evidence to prove that the other party was at fault 
• Determine whether or not the party has insurance coverage and/or resources that can realistically cover your damages
• Seek out follow-up medical assessments to determine your short- and long-term medical needs 
• Get the opinion of an occupational expert to measure the economic impact of your injuries and any related long-term symptoms or disabilities, meaning lost wages now and lost earnings potential in the future 
• The drafting of all this information into a claim that you file with the appropriate insurance company in the appropriate format 
• The insurance company will determine based on the value and quality of your evidence whether to approve your claim, try and negotiate, or deny your claim altogether
• When a claim is denied, you may have a right to appeal, or we can take the insurance company to court on your behalf to collect the full amount that you are entitled to 

“Will Insurance Cover Me?”

California does require that all registered drivers carry liability insurance, which should provide some coverage to victims if the policyholder is determined to be at fault in an accident. However, a majority of drivers carry minimum liability insurance which doesn’t always cover the resulting damages in an accident—especially serious accidents.

Additionally, insurance companies are often resistant to relinquishing appropriate coverage of any kind, regardless of existing liability coverage. It often takes no-nonsense negotiation with these companies and an assertion of the facts to ensure that accident victims receive coverage that is appropriate for the extent of their injuries. The Law Offices Of Benjamin Arsenian PC can enter these negotiations for our clients in these cases and bring insurance companies to court when necessary.

Connect with a Santa Ana Car Accident Lawyer from the Law Offices Of Benjamin Arsenian 

If you or a loved one has been injured in a car accident or other motor vehicle collision in Santa Ana, call at 714-400-2000, or visit our site to schedule your initial consultation. 

FAQs

How much is my Santa Ana car accident injury claim worth? 

Medical records, expert opinions, and other sources of evidence must first be collected and carefully reviewed to determine the value of your claim. 

How do I collect the compensation that I am entitled to? 

By filing an insurance claim with the liable party’s insurance provider with enough evidence to prove your damages. 

How much is my Santa Ana car accident attorney from the Law Offices of Benjamin Arsenian PC?

Your initial consultation is free, and we only get paid if we win. We’ll answer any questions you might have before getting started if your initial case review determines that you are a fit for our highly specialized Santa Ana car accident injury firm with a proven track record of success. 

When should I contact an attorney? 

After you have received medical attention following the accident, it is time to reach out to a Santa Ana car accident lawyer from the Law Offices of Benjamin Arsenian.