Car Accident FAQs

Our lawyers have put together a list of the most commonly asked questions about car accident injuries. If you were injured in a car accident in Orange County and have a question, browse through our site to find the answer, or simply contact us and we will provide you with a comprehensive answer.

3 Common Auto Accident Injuries from the Desk of Newport Beach
Car Accident Lawyer – Chris Russell

• I was hit by an uninsured driver in Newport
  Beach. What happens next?
  If you were hit by an uninsured or
  underinsured driver in Newport Beach, the first two things
  you should do are to seek medical attention for any injuries
  you sustained and call the police to report the accident.
  When you’re able, you will also want to contact your own
  insurance company to report the accident and check the
  details of your uninsured
  motorist coverage if applicable.

  How to Pursue Compensation

  Unfortunately, victims who are injured in accidents with
  uninsured, underinsured, or hit-and-run drivers often face
  difficult choices about how to pursue compensation. In some
  cases, you may be able to file a claim with your own
  insurance company. And, depending on your coverage, you may
  be eligible for compensation for your immediate medical care,
  future medical care, lost wages, pain and suffering, and
  more. If you do not have uninsured motorist coverage, it may
  be possible to pursue compensation from the driver who hit
  you. However, this process is often complicated because:

  • The driver left the scene and was not
    identified. If the driver of the vehicle that
    hit you cannot be identified, has left the scene, or was
    driving a stolen car, it would be nearly impossible to
    pursue damages from the driver.
  • The driver is unable to actually pay the amount
    you are awarded for your injuries. Often, if a
    driver is unable to afford appropriate insurance
    coverage, he or she would not have enough money to pay
    for your injuries, even if you do pursue legal action.
• 
  I was injured in a hit-and-run accident in
  Orange County. How can I get compensation for my medical
  bills?
  If you have been injured in a
  hit-and-run accident in the OC, you probably already know
  that it can be complicated to pursue compensation for your
  medical bills and other expenses. Unfortunately, hit-and-run
  victims are faced with a number of complications that can
  make filing an insurance claim difficult—or even impossible.

  Recovering Compensation

  Depending on the specific circumstances of your OC
  hit-and-run accident, you may be able to recover compensation
  by:

  • Identifying the driver who left the
    scene. Depending on the evidence available, you
    may be able to identify the driver who hit you, and file
    a claim with his or her insurance company—even if he or
    she has not been found by the police.
  • Filing a claim with your own insurance
    company. In some cases, you may be able to file
    an uninsured/underinsured motorist claim with your own
    insurance company to pay for the injuries you sustained
    in the accident.
  • The California Victim Compensation
    Program. In certain limited cases, victims of
    California hit-and-run accidents may be able to recover
    compensation through state programs if they have suffered
    significant physical or emotional injury as a result of
    the crime.
• 
  What is the real benefit of hiring an
  Orange County auto accident lawyer?
  If you have recently been injured
  in an
  auto wreck in Orange County, you are probably wondering
  how necessary it really is to hire an attorney to help you.
  While some accident claims can be navigated alone with a
  satisfactory result, there are many benefits to seeking
  experienced legal guidance. This is particularly true if you
  have suffered a disabling injury or an injury that would
  require long-term care.

  What can an attorney really do for you after an injury?

  Here are two of the biggest benefits of hiring an
  attorney to help you with a California personal injury case:

  • Hiring an Orange County auto accident lawyer
    saves you the hassle. Personal injury claims
    generally require a lot of paperwork—and a lot of
    legwork. If you decide to hire an attorney, you can focus
    on healing while we investigate the wreck, gather
    evidence, talk to witnesses, keep track of deadlines, and
    handle all the paperwork and phone calls.
  • Hiring an Orange County accident attorney often
    means a better outcome. Although you may be able
    to negotiate a fair settlement on your own, you have a
    much better chance at receiving what your injuries are
    really worth if you work with an experienced attorney.
    Because we handle these types of cases every day and are
    deeply familiar with the laws and courts in Orange
    County, we know what to expect and how to most
    effectively pursue your claim.
• 
  Should I get California
  Uninsured/Under-Insured Motorist Bodily Injury
  coverage?
  Uninsured or Underinsured Motorist Bodily
  Injury coverage is so important that it is the only
  coverage that the insurance company requires you to sign a
  waiver for, in order to delete that coverage from your
  policy. In fact, the law says that if you sign a
  waiver deleting that coverage and are involved in an accident
  with an uninsured or underinsured driver, and your insurance
  company cannot produce the written waiver, your insurance
  company must provide you coverage even though you sign the
  document that said that you did not want that
  coverage.

  What does UUBI cover?

  In addition, this coverage is inexpensive to
  purchase. The insurance industry does a horrible job in
  explaining this to their customers. 60% of the public drives
  with either no coverage or minimal coverage, so your odds are
  greater than 1 out of 2  being seriously injured in an
  automobile collision by someone who either has no coverage or
  insufficient coverage to compensate you for the injuries that
  you or anyone else in your vehicle, have sustained. UUBI
  coverage protects anybody in your vehicle who is injured by
  an uninsured or under-insured driver, and protects anyone who
  lives in your household regardless of whose car they were in
  at the time that they were injured by an uninsured or
  underinsured driver. Moreover, the coverage also applies if
  an uninsured or under-insured driver injures you or a family
  member living in your household while you are a pedestrian or
  riding a bicycle.

• 
  What should I do if I witness an Orange
  County truck accident?

  

  If you
  witness an Orange County truck accident, you could be a great
  help to the people who were injured in the accident.

  Here are a few steps you can take as a witness to an
  accident in Orange County:

  • Check for injuries and call 911. As a
    witness, calling 911 with details is one of the most
    helpful things you can do. The sooner you call 911, the
    faster emergency responders can get to the scene.
  • Move people and vehicles off the
    roadway. If possible, assist the victims in
    getting themselves and their vehicles safely out of the
    way. However, don’t drive another person’s car unless a
    police officer or an emergency responder asks you to do
    so, and avoid moving an injured person.
  • Take pictures. If you have a camera or
    camera phone, you can be of great assistance to the
    victims in the accident by snapping a few pictures of the
    roadway, vehicle damage, and so on. Let a police officer
    or the victim know that the pictures are available.
  • Offer your name and contact information as a
    witness. Even if you yourself weren’t involved
    in the accident, the information you have about what
    happened can be extremely valuable. If possible, share
    your name and contact information with the accident
    victims.
• 
  What should I do if I have been injured as
  a pedestrian in an Orange County car accident?
  There are a few steps you should
  take immediately after the accident. Although it may be
  difficult to stay calm and collected after becoming injured
  in a car-pedestrian accident, you should do a few things to
  ensure your health and legal rights.

  Take the following steps can help protect yourself:

  • If there are serious injuries, call for an ambulance
    immediately.
  • Call the police to report the accident.
  • Exchange insurance and contact information with the
    driver.
  • Gather the contact information of any witnesses.
  • Stay at the scene of the accident until authorities or
    medical personnel arrive.
  • Seek medical attention for your injuries; even if you
    don’t have obvious injuries, you should receive a medical
    exam to check for any non-obvious injuries.
  • If possible, take pictures of the accident scene and
    write down as many details as you can remember.
  • Don’t admit fault or answer insurance agents’ questions
    until you’ve spoken with an Orange County injury attorney.

  Unfortunately, car-pedestrian accidents are not uncommon
  in California. These types of accidents can cause serious
  injuries for the unprotected pedestrian who was involved,
  leaving the injured victim with mounting medical bills and
  other expenses.

  What if you were hit by a car but you were not in a
  crosswalk?

• 
  Who is at fault in a California rear-end
  accident?
  In almost all cases, the person
  who struck the rear of the car in a rear-end car accident is
  at fault for the crash. Very simply, traffic laws state all
  drivers should stop safely when the car in front of them
  slows down or comes to a stop, regardless of the situation.
  However, there are some limited situations in which the
  striking driver is not at fault. For example, if you are in a
  vehicle which was struck from behind and that collision
  caused your vehicle to strike the car in front of you, you
  may not be at fault for that accident. As Orange County auto
  accident lawyers, we understand that all cases are different.

  California Law on rear-end accidents

  It is important to understand that California uses the
  comparative negligence system. This means the court
  understands that a driver can be partially at fault for an
  accident, and an injured victim may claim a percentage of
  damages based on what their exact involvement was in the
  crash. For example, if you rear-ended a car, but the other
  driver was drunk or suddenly swerved into your lane in front
  of you, you could still attempt to file an injury claim.

• 
  If I was struck by an emergency vehicle in
  California, who is at fault for the accident?
  With all California motor vehicle
  accidents, who is at fault for your car accident and injury
  depends on the details of your case and the evidence
  available. However, we can let you know a few helpful pieces
  of information about traffic accidents involving emergency
  vehicles:

  • If an emergency vehicle has on its lights and sirens,
    it does not have to follow traditional traffic laws. It can
    swerve out of lanes, go through red lights, and drive the
    wrong way down the street.
  • You are expected by law to pull to the right side of
    the road when an emergency vehicle—such as an ambulance,
    fire truck, or police cruiser—approaches with its lights
    flashing.
  • It is also illegal to follow within 500 feet of a
    moving emergency vehicle with its lights flashing.

  Emergency lights don’t necessarily mean they are
  in the right

  However, simply because an emergency vehicle’s lights
  were flashing does not automatically mean it is in the right.
  In the past, drivers of emergency vehicles have been cited
  for driving recklessly and for negligence; it simply depends
  on the facts of each case. Talk to a Newport Beach Personal
  Injury Attorney about the specifics of your accident. Also,
  if an emergency vehicle did not have its warning lights or
  sirens on at the time of the accident, you may also have a
  case. In some situations, the town, city, or hospital in
  charge of hiring and training emergency drivers may be
  responsible for a crash.

• 
  Could cell phone use or text messaging have
  caused my California car accident?
  Even though using a mobile device without a headset and text
  messaging while driving are illegal in California, many
  drivers still engage in these distracted driving activities.
  It comes as no surprise that when a driver takes his hands
  off the wheel, his eyes off of the road, and his mind off of
  the task at hand, traffic accidents can happen.

  California Cell Phone and Texting Laws

  California was one of the first states to enact cell
  phone and texting laws. Anyone driving in California—from new
  drivers to commercial drivers to visitors—must not use a
  mobile device or engage in text messaging while behind the
  wheel. The only exceptions to this rule are drivers who are
  making an emergency call, drivers of emergency vehicles, and
  drivers operating vehicles on private property. If you have
  been involved in an Orange County car accident in which the
  other driver was using a mobile device while driving, he or
  she is likely at least partially responsible for the crash
  and any subsequent injuries. However, proving that the other
  driver was on the phone or text messaging can be challenging.

• 
  Who is at fault for a California wrong-way
  car accident?
  As with all California personal
  injury cases, understanding who is at fault for an accident
  depends on the details of the individual case. Having said
  that, it is reasonably safe to say that, in the case of a
  wrong-way traffic accident, the driver who traveled on the
  wrong side of the road is at least partially at fault for the
  accident, and could be responsible for compensating your
  family.

  However, other parties could also be responsible for the
  injuries you sustained in a wrong-way car accident. For
  example, if the wrong-way driver was confused by poor road
  design, a bad intersection, or a lack of warning signs,
  whoever designed or was responsible for the road could be
  partially at fault. As Newport beach car accident
  attorneys, we understand that every case is unique.

  Possibility of partial responsibility

  While the wrong-way driver probably is partially
  responsible for the crash, it is possible there were other
  factors which caused the driver to enter the highway or
  interstate in the wrong direction. Some of these factors may
  not be readily apparent, especially soon after the car
  accident. An Newport
  beach car accident attorney can examine the evidence of
  your case and help you understand who may be responsible for
  damages.

• 
  How long do I have to file a personal
  injury claim after a California car accident?
  Even if it is clear you are owed compensation for your
  Orange
  County car accident injury, you have only a limited
  amount of time to file a personal injury claim. Under
  California law, the statute of limitations for filing a
  personal injury or wrongful death lawsuit is two years from
  the day of the accident. As Newport beach car accident
  lawyers, we know that your case is different; talk to us
  about your accident.

  The law is explained in California’s Code of Civil
  Procedure, Section 335.1:

  “The periods prescribed for the commencement of actions
  other than for the recovery of real property, are as follows:
  Within two years: An action for assault, battery, or injury
  to, or for the death of, an individual caused by the wrongful
  act or neglect of another.” Although you have a full two
  years to file your personal injury claim, it is not
  recommended you wait that long to do so. In many cases, the
  sooner you act, the more likely you are to collect evidence
  and witness reports to support your claim. In addition,
  seeking damages sooner also means securing compensation and
  moving on from the accident sooner.

• 
  Can I sue after a California car accident
  that involved running a red light?
  Yes, you can seek compensation for
  damages if you were injured in a car accident that occurred
  after a vehicle ran a red light.

  Partial Responsibility for the accident

  If you were struck by another motor vehicle that ran a
  red light—and you can prove they were, indeed, at fault for
  the accident—you may have a strong personal injury case. Even
  if you ran the red light and broke a traffic law,
  you still may be able to recover some damages. California is
  a comparative negligence state, meaning, we understand that
  more than one party can be at fault for an accident. As long
  as you weren’t 100 percent responsible for the accident, you
  may have a case. For example, if you ran a red light and
  struck a vehicle, you should investigate whether the other
  vehicle was following all traffic laws or whether the driver
  was speeding, driving under the influence, or driving
  recklessly. If you were 25 percent at fault and the other
  driver was 75 percent at fault, you could recover 75 percent
  of your losses. Many people wrongly assume they caused an
  accident, or believe they know who was at fault for an
  accident without looking at all of the evidence. Keep in mind
  that many traffic accident causes are not readily apparent
  even to those who were involved in the crash.

• 
  Should I speak with insurance companies
  after a California car accident?
  After a car accident and injury,
  you are contractually obligated to report the accident to
  your own insurance company as soon as possible. However,
  speaking to the insurance company of the other driver or
  giving a recorded statement without consulting a legal
  representative is another matter altogether. While you may
  eventually speak with the insurance adjuster from the other
  driver’s insurance company or send a written statement, you
  should speak with a California personal injury attorney
  before agreeing to any kind of statement. A California car
  accident lawyer can help you understand your case and the
  crash—as well as common mistakes drivers make in the wake of
  the accident when speaking with insurance companies.

  Insurance companies unfair settlement

  Unfortunately, some insurance companies attempt to
  settle car accident and injury cases as quickly and cheaply
  as possible, even if the outcome is not fair. Some do so by
  using tactics like requesting recorded statements immediately
  after a crash when they know car accident victims are
  confused, overwhelmed, and uninformed. A CA car crash lawyer
  can help you avoid making mistakes during this difficult
  time.

• 
  How long after a car accident can I wait
  before filing a personal injury claim in California?
  Although there are some exceptions, the general statute of
  limitations—or, time limit—for personal injury cases in
  California is two years. That is, you have two years from the
  date of your car accident to file a claim in court and seek
  compensation.

  

  Auto accident

  Why You Should Act as Soon as Possible

  However, simply because you have two years to file your
  claim does not mean you should wait that long. There are
  advantages to acting quickly after your accident, including:

  • Victims can recall what happened in better detail.
  • It is easier to collect accurate witness statements.
  • Filing an early claim means securing compensation
    sooner.

  Most people need this compensation to pay their bills,
  receive ongoing medical attention, and support their
  families. Keep in mind that filing a lawsuit can take weeks
  or months as your attorney collects information and prepares
  your case. It is worth repeating that starting your claim
  sooner would mean you could receive compensation for your
  medical bills and expenses sooner.

• 
  Are car air bags safe for expectant
  mothers?
  An air bag is a flexible envelope that inflates to protect
  car occupants from injuring themselves on interior car
  objects such as the steering wheel, dashboard, or windows
  during a crash.When a car accident occurs, air bags
  deploy quickly and with great force. In the past, experts
  were concerned that air bags might not be safe for expectant
  mothers because they could injure the unborn child when they
  inflate. However, a
  recent study at the University of Washington compared car
  accidents involving pregnant women—in vehicles with and
  without air bags—and concluded that airbags do not appear to
  elevate the risk of pregnancy complications.

  Seat Belts and Air Bags

  In addition, the current position of National Highway
  Traffic Safety Administration (NHTSA) is that the combination
  of a properly worn seat belt and an airbag provides the best
  level of protection from injury in the event of a car
  accident. This applies to all adults—including pregnant
  women. Experts advise expectant mothers to wear a seat belt
  correctly and use the airbags installed in their vehicle. The
  attorneys at Russell & Lazarus are committed to promoting
  automobile safety and urge expectant mothers to heed this
  advice every time they get into a car.

• 
  What should I do immediately after a
  California traffic accident?

  If you’ve been involved in a car accident, you know how
  traumatic, confusing, and overwhelming it can be in the
  moments, days, and weeks after a crash. However, there are
  a few important steps that you should take to ensure that
  your health and your rights are protected:

  1. Get medical treatment 

  Many accident victims have the impulse to refuse
  treatment or minimize their injuries – just so that they can
  escape the reality of the crash. The number one most
  important thing you can do after an accident is to go to the
  hospital or your doctor and get evaluated and treatment. It
  will help your health and your injury case.

  2. Collect information about the accident

  Understand exactly what happened and who was at fault is
  at the heart of any California personal injury case. Talk to
  witnesses, talk to police, and make sure that you are getting
  the whole story.

• 
  What are the main causes of fatal truck
  accidents in Orange County?
  Most of the time serious
  California truck accident injuries are caused when the
  truck driver is unable to stop his rig in time. This results
  in either the trucker rear-ending a smaller, more vulnerable
  car in front of him, or the trucker side-swiping a more
  vulnerable car when he swerves out of his lane to avoid a
  read-end collision. Therefore, a very important question is,
  “What exactly causes the driver’s inability to stop?”

  Why Does it Happen?

  Discovering the root of the problem can help truck
  drivers prevent accidents from happening and can also help
  other drivers on the road recognize a problem and avoid being
  near the dangerous truck altogether. After
  handling Orange County truck accidents for more
  nearly 30 years, the lawyers at Russell & Lazarus have
  come to find out that these are the most common reasons for
  truck driver’s loss of control:

  • Drowsy driving. Long hauls and tight
    deadlines often take precedent over sleep, causing truck
    drivers to be extremely tired or lethargic behind the
    wheel.
  • Distracted driving. Talking on a cell
    phone while driving, texting behind the wheel, or simply
    using their CB radio can cause a truck driver to take his
    or her eyes of the road. It is also not uncommon for
    truck drivers to eat while they are driving, which also
    can be a distraction.
  • Faulty brakes. It is the responsibility
    of every truck driver to inspect his truck before heading
    out on the road. Long-haul trucks accumulate many miles,
    and if they are not properly maintained, they could
    easily lead to the inability to stop, causing a fatal
    crash.
  • Overweight loads. The sheer weight of a
    normal semi-truck compared to a typical car or SUV can be
    daunting. Add that to a load that is over the maximum
    weight allowance, and it can be nearly impossible for a
    truck driver to stop in the amount of time needed to
    avoid a collision.
• 
  Do I need an attorney if I am involved in
  an accident?
  

  Motor accident injuries

  POSSIBLY – If you sustain injuries that cause you pain for
  more then a week, it is best to consult with one of
  our Orange County motor vehicle attorneys.
• 
  How long will it take to resolve my
  claim?
  IT DEPENDS – If you have a good,
  aggressive attorney, the majority of claims can be resolved
  within 60 days from the last date of medical treatment.
  However in order to obtain fair value for substantial
  injury claims, a lawsuit usually must be filed, which can
  extend the time-frame of the claim to be resolved.
• What should I do if I am
  involved in a car accident?
  First and foremost, the first thing you
  should do is secure medical treatment for all those who are
  injured. Next, exchange insurance information with the other
  driver. Take detailed notes, including pictures, if possible,
  for yourself while everything is fresh in your memory. This
  is an important step in establishing the facts of what
  actually occurred.
• Should I say anything to the
  other driver?
  It is best to say as little as possible. Checking for
  injuries and getting the needed information is sufficient.
  You do not want to make the mistake of saying something that
  could be construed as an admission of liability.
• I feel all right. Why should I
  visit a doctor?
  Injuries sustained in car accidents may not develop
  immediately. Experienced doctors know what to look for and
  what tests to administer. It is important to receive all the
  necessary treatment to regain your full health.
• What if the other driver does
  not have enough insurance or no insurance at all?
  Your policy may include underinsured or noninsured motorist
  coverage, in which case you may be compensated up to the
  policy amount. To fully regain all that you have lost, you
  may need to consider filing a lawsuit against the driver who
  was at fault.
• Can I settle this by working
  directly with the insurance companies?
  You could, but it is not recommended. Claim adjusters do this
  as a business every day and have the incentive to keep
  settlements low in dollar value. Injured claimants almost
  always receive higher rewards when represented by an Orange
  County car accident lawyer.

Seek the Counsel of an Orange County Car Accident Attorney

Get experience, knowledge and compassion on your side. Call
Russell & Lazarus at (800) 268-9228