PROVING FAULT FOR YOUR RECENT CAR ACCIDENT IN RANCHO SANTA MARGARITA, CA

The first thing you must do to recover from any motor vehicle accident in Rancho Santa Margarita is to prove how the accident happened, and you must also identify the driver or drivers responsible for causing it. Car accidents happen in many ways, including:

• Distracted driving, which is responsible for most of the accidents that occur in Orange County each year. Whenever a driver takes their attention away from the road, even for a few seconds, they can easily cause a devastating accident. Your Rancho Santa Margarita car accident attorney can gather cell phone records and other evidence to assist you in proving liability for your recent collision.

• This puts the speeding driver and others at risk, reducing the time and distance the driver has to avoid a collision. As a result, accidents are more likely at high speeds, resulting in devastating losses.

• Moving violations, such as performing illegal lane changes, running red lights, failing to yield the right of way where appropriate, and performing illegal turns. Any such actions disrupt the flow of traffic, and when they startle nearby drivers, it can easily result in a serious accident.

• Drunk or drugged driving. Driving under the influence (DUI) of alcohol or any drug is illegal, but DUI remains a leading cause of serious crashes throughout the state. If a driver is convicted of DUI in Orange County, they face a fine, penalty assessments, mandatory drug and alcohol counseling, a driver’s license suspension, and jail time. Penalties increase significantly when a defendant has prior DUIs on their record or if they cause severe bodily injury or death by driving while intoxicated.

• Vehicle malfunctions. It’s possible for an accident to occur because of a defect inside of the vehicle or with a vehicle’s part. In addition, under California’s product liability laws, a product manufacturer could face liability for civil damages if its defective and/or unreasonably dangerous product harms an end user.

• Reckless driving. Intentional disregard for the safety of others is a crime, and when this behavior results in an accident, the at-fault driver faces heightened penalties in their criminal case along with civil liability for the victims’ damages.

These are just a few examples of the various ways that serious motor vehicle accidents may happen in Rancho Santa Margarita, CA. However, no matter how your recent accident occurred, the first steps you take immediately following the incident can have a tremendous influence on your recovery from your damages.

California law requires drivers to call 911 to report car accidents, so make sure to do this after a collision if you are able to do so. While you wait for first responders, take photos of the vehicles involved in the accident and the immediate vicinity. Be sure to take photos of the damage to your vehicle, skid marks on the road surface, and your injuries. These photos could bolster the credibility of your auto insurance claim, and you may need them as evidence in a subsequent personal injury suit.

Once you receive medical attention for your injuries, you should consult a Rancho Santa Margarita car accident attorney as soon as possible. Do not discuss a settlement with the other driver’s insurance company, and do not attempt to negotiate a private settlement with the at-fault driver. If you reach the time limit for filing your insurance claim, notify the insurer of your intent to file a claim, but inform them that you cannot discuss a settlement until you consult with your legal counsel.

FILING YOUR AUTO INSURANCE CLAIM IN RANCHO SANTA MARGARITA, CA

Every driver needs to have auto insurance that meets the state’s basic coverage requirements. These include at least $15,000 in bodily injury liability coverage for a single person, and the policy must increase this bodily injury liability coverage to at least $30,000 for all persons injured in a single crash. Additionally, insurance must provide at least $5,000 in liability coverage for property damage to cover a victim’s vehicle repair bills and other property losses.

After you receive medical attention for your injuries and have an attorney representing you, they can help you file your claim against the at-fault driver’s auto insurance policy. Your Rancho Santa Margarita car accident attorney can assist you in gathering any evidence and documentation you must submit with your claim and handle interactions with the insurance company on your behalf. Every insurer has the right and the responsibility to investigate claims for coverage, and your attorney can ensure the carrier does not attempt any bad faith handling of your claim.

Ideally, you should receive your settlement check from the other driver’s insurance company within a few weeks of filing your claim. A good attorney can streamline this process and speed up your recovery. However, the settlement you receive may not fully cover all the damages you may have experienced. Your Rancho Santa Margarita car accident attorney will then become an invaluable asset as you build your personal injury case against the other driver.

CLAIMABLE DAMAGES IN A RANCHO SANTA MARGARITA PERSONAL INJURY CASE

Whenever your losses exceed the extent of the defendant’s insurance coverage after a car accident in Rancho Santa Margarita, you have the right to file a personal injury claim against them to recover the outstanding balance. While an auto insurance policy can provide coverage for property damage and some of your medical expenses for your bodily injury, California’s personal injury laws allow you to claim various other forms of compensation, including:

• Any medical expenses not covered by insurance. The other driver’s bodily injury liability coverage may only compensate a portion of your health care expenses after an accident, and you will need to file a personal injury claim to recover the remainder. You have the right to seek compensation for the health care expenses you incurred immediately following the accident as well as your anticipated long-term treatment costs if you suffered any serious injury requiring extensive rehabilitative care.

• Lost income. You could be completely disabled while you recover from your injuries, and if so, the defendant must pay for the wages you cannot earn during this time. Similarly, if you suffered a catastrophic injury resulting in a permanent disability that prevents you from working again, the defendant, if found responsible, must pay for this lost future income as well. Your Rancho Santa Margarita car accident attorney will be instrumental in helping you calculate the full breadth of future losses you can include in your civil suit.

• Property damage. When your vehicle repair costs and other property losses exceed the property damage liability coverage provided by the defendant’s insurance, you can include the rest of these damages in your personal injury claim.

Once your Rancho Santa Margarita car accident attorney has helped you calculate the full range of economic losses you can seek from the defendant, you can still receive compensation for your non-economic damages as well. Specifically, state law enables you to hold the defendant accountable for physical pain, psychological distress, and trauma you suffered from their actions.

This may sound difficult to quantify with monetary value, but an experienced attorney can determine a fair amount based on the severity of your damages. So, if you suffered injuries expected to heal completely in a relatively short time, your attorney might seek a per diem pain and suffering settlement, awarding compensation for each day you spend recovering. Alternatively, if you suffered a catastrophic injury, they would be more inclined to use the multiplier method, seeking a lump sum on your behalf that reflects the severity of your condition after the accident.

COMPARATIVE FAULT IN RANCHO SANTA MARGARITA CAR ACCIDENT CLAIMS

After calculating your immediate and future economic damages and arriving at a suitable figure for your pain and suffering, you might be surprised to discover that your car accident claim is worth much more than you expected. However, while it is crucial to know the variables that can enhance your recovery, it is just as important to know the issues that might diminish it. One such issue would be any shared liability you hold for causing the accident.

While some car accidents happen due to the actions of a single driver, other accidents happen because all drivers involved acted inappropriately in some way. When multiple parties share fault for a car accident or any other personal injury, the state’s pure comparative negligence law comes into play. Each party will have a fault percentage assigned by the judge overseeing the case. When a plaintiff bears fault, their fault percentage is deducted from their final award.

So, if a judge determines that the defendant in a Rancho Santa Margarita car accident case is 80% at fault and the plaintiff bears 20% fault, the plaintiff will lose 20% of the compensation obtained from the defendant. It’s quite common for at-fault drivers to attempt to assert comparative negligence in their efforts to avoid facing full liability for the damages they caused. If you are worried about bearing partial liability for your recent car accident in Rancho Santa Margarita, your attorney can provide all the support and guidance needed to minimize any fault percentage assigned to you and preserve your case award as much as possible.

CONTACT OUR RANCHO SANTA MARGARITA AUTO ACCIDENT LAWYERS TODAY

The team at Zwick Law has successfully helped many Rancho Santa Margarita clients recover from their car accidents, and we understand the legal challenges you face as you seek compensation for the losses you recently suffered. If you are ready to learn what a Rancho Santa Margarita attorney can do for you in your recovery efforts, contact us today and schedule a consultation with a legal team you can trust with your car accident case.