Car Accident

Car Accident

No Up-Front Fees or Costs

Most people are concerned about the fees and costs when seeking a personal injury attorney in California. They afraid it will cost them a lot of money to hire a skilled legal team. Gerard Law not only offers free case reviews but once you are our client, you don’t pay anything unless we win your case. No court fees, no up-front fees – Nothing. There is nothing to lose, but everything to gain. Everyone deserves the financial security to support themselves and their family.

Car Accidents 

In an instant, a car crash can change everything for the lives of victims and their families. Car crashes are the leading cause of death for Americans aged 8 to 34, according to the National Highway Traffic Safety Administration; they cause one death every 12 to 15 minutes and injure more than 2.5 million people each year. About half of those injured come away with permanent disabilities like brain damage, paralysis and other injuries that rob victims of their functions, their independence, and their futures.

We understand the struggle some victims may face in trying to recover compensation for their losses. In California, there are specific rules and regulations that can complicate insurance claims and the recovery of additional damages, such as pain and suffering, in cases of severe injury or death. To help ensure you receive full compensation for your losses, it is important to contact an Orange County attorney who is well-versed in California-specific laws regarding auto accident claims. At Gerard Law, our car accident attorneys have a history of success handling automobile accident cases throughout California and can help ensure your rights are protected.

Types of Car Accident Claims

Negligence

Most car accident lawsuits will be based on negligence, or the other party’s failure to exercise a reasonable standard of care while operating a vehicle or using common roads. The initial investigation by your insurance company and attorney will help to prove that the other party acted carelessly or violated traffic laws. To prevail in a negligence lawsuit, the injured must show the defendant did not meet this standard of care, this negligence caused the accident, and the breach of this duty caused his or her injuries. Potential defendants may include negligent drivers, reckless drivers, intoxicated drivers, passengers, pedestrians, or bicyclists.

Manufacturer Liability

If a defect in the vehicle contributed to the accident, the injured party may have a claim against the manufacturer of the vehicle or one of its parts. In some cases, the manufacturer will be liable, regardless of negligence, for injuries sustained as a result of faulty design, manufacturing, or labeling. To prevail, the plaintiff must prove that the defect occurred during the manufacturing process and contributed to their injury. In most cases, expert testimony and analysis will be required to determine whether the defect manifested during the manufacturing process or after the vehicle was purchased. Successful lawsuits will require the plaintiff to show:

  • The defective car or part was “unreasonably dangerous”
  • The vehicle was being operated as intended
  • The vehicle’s performance had not changed since its initial purchase
  • Some claims against manufacturers have been based on defective tires, seatbelts, airbags, accelerators, brakes, and engines.

Road Design

In some cases, faulty construction, design, or maintenance of roads can contribute to accidents. Some common causes include:

Embankments: When a road curves, the outer edge is set at an incline as a safety precaution. These raised areas serve the purpose of managing traffic so that vehicles can approach the outer edge of the road without driving off it. If the embankment is too steep or not elevated properly, motorists may be in danger.

Barriers and Guard Rails: Barriers, guard rails, speed bumps, medians, and curbs help to influence safe driving. If any of these structures are poorly designed or placed, driver safety may be compromised.

Surfaces: Various alterations in road surface alert drivers of approaching hazards or that they are leaving their lane unexpectedly.

Signage: Signs give drivers prior notice of approaching intersections, sharp turns, animal crossings, etc. They should be positioned in obvious locations and brightly illuminated for maximum visibility.

Traffic Control: Traffic lights, stop and yield signs, lights to warn drivers of intersections and crosswalks, and other devices are utilized to dictate traffic flow. Proper placement and operation of these devices is imperative.

Wrongful Death

If you have lost a loved one in a car crash, you may have legal recourse through a wrongful death lawsuit. In these cases, the family or survivors of the victim must prove that their loved one was killed as a result of another’s negligence. Economic, non-economic, and punitive damages may be available.

Car Accident Injuries and Compensation

Injuries

Because each accident is different, the extent of injuries suffered will vary between cases. In many cases, the costs for treatment of the injuries sustained will be covered by insurance but you may also be entitled to additional compensation. Some injuries that we may attempt to collect compensation for include:

  • Paralysis
  • Burns and scars
  • Loss of limbs
  • Spinal cord injuries
  • Head injuries
  • Joint, muscle, back, neck, and bone injuries
  • Knee damage
  • Whiplash
  • Permanent disability
  • Wrongful death

Economic auto accident damages, also known as compensatory damages, attempt to compensate the injured car crash victim for his or her monetary losses. Common economic damages awarded in car accident lawsuits include:

  • Medical Expenses: This may include fees for emergency room visits, hospital care, surgery, assistive devices and appointments with approved medical professionals.
  • Future Medical Expenses: If the car accident victim can prove that they will need continued medical care as a result of the crash, they may be able to recover the cost of future medical expenses.
  • Lost Wages: Injured car accident victims may be able to recover compensation for wages lost between the time of the injury and the conclusion of the lawsuit. If the injured victim was unemployed at the time of the accident, they may be awarded lost wages if they can demonstrate earning potential during this time period.
  • Loss of Earning Capacity: If the plaintiff can demonstrate that their ability to earn a living has been negatively impacted, compensation may be available. While past wages are considered in determining the amount of this award, the jury will typically look to establish the amount victim could have earned had the car accident not occurred.

Non-economic car accident damages award the plaintiff for non-financial losses. Car accident damages for non-monetary losses are typically harder to quantify and may include compensation for the following:

  • Pain and Suffering: This includes compensation for the physical pain suffered as a result of injuries sustained in the crash. In awarding damages for pain and suffering, the jury will examine the nature of the injury, the extent of the pain, and the length of time the victim is expected to suffer.
  • Mental Anguish: Victims can also be awarded for the emotional pain suffered as a result of their car accident. Mental anguish damages compensate the victim for fright, embarrassment, nervousness, worry, grief and other forms of emotional distress caused by the accident.
  • Loss of Consortium: If a car accident lawsuit is successful, the uninjured spouse may be able to recover damages for loss of marital benefits, including companionship, sexual relations, affection, and comfort. A jury will typically examine the following when awarding damages for loss of consortium: the stability of the marriage; the life expectancy of both partners; the degree to which marital benefits have been lost; and the amount of care and companionship given to the uninjured spouse.
  • Punitive Damages: If the actions of the defendant were so malicious or egregious, the jury may impose punitive damages, which are intended to punish the defendant and discourage similar behavior in the future.

Have you been injured in a car accident?

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TYPES OF ACCIDENT CASES OUR ORANGE COUNTY ATTORNEYS HANDLE

Gerard Law handles a variety of personal injury cases resulting from car accidents, including those stemming from:

  • Drunk driving or driving under the influence
  • Reckless driving
  • Negligence
  • Rear-end collisions
  • Side-impact collisions
  • Sideswipe collisions
  • Rollovers
  • Head-on collisions
  • Multiple party accidents

If you have been in an automobile accident in California, you should contact an attorney as soon as possible. There is a limited window in which to file an insurance claim or bring a claim against another party. To learn how our Orange car accident attorneys may be able to help you, please fill out our no cost case review form today.

MOTORCYCLE CRASH ACCIDENT

Due to a lack of protection between riders and the road, motorcyclists often suffer serious injuries after accidents. And when they make a claim with an insurance company, negative stereotypes can prevent motorcyclists from getting the maximum compensation they deserve. Gerard Law can help.

Our Orange County motorcycle accident lawyers know the hazards motorcyclists like you face every day, and we’re not afraid to stand up for your rights.

Don’t fight the insurance company alone after your motorcycle accident. Talk to a member of our legal staff about your accident 24 hours a day, seven days a week—call (800) 926-0887 or fill out our free initial consultation form, today.

WHAT CAUSES MOTORCYCLE ACCIDENTS?

Motorcyclists are vulnerable to a unique set of risks on the road, which means that even the most experienced riders can crash. Motorcycle accidents can be caused by several factors, such as:

  • construction zones or road hazards,
  • distracted drivers,
  • motorists failing to yield the right of way at intersections, and
  • vehicle drivers changing lanes without yielding.

If you’ve been injured in a motorcycle accident through no fault of your own, our motorcycle accident attorneys may be able to get you compensation for your medical bills, lost wages, and other accident-related expenses.

TYPES OF MOTORCYCLE ACCIDENT INJURIES

Motorcycle accidents can injure any part of a rider’s body, but several of the most common types of motorcycle accident injuries include:

  • Broken Bones
    Being thrown from motorcycles during accidents can result in fractures of arms, legs, and facial bones when full-face helmets aren’t worn.
  • Neck and Back Injuries
    The forces of motorcycle collisions can twist and jerk riders’ necks and backs causing a variety of injuries, such as muscle sprains and strains, herniated spinal discs, and even paralysis.
  • Road Rash
    When riders drop their bikes, they often suffer severe lacerations and burns that can become infected when not treated properly.
  • Traumatic Brain Injuries (TBIs) Severe blows to the head during motorcycle accidents may produce TBIs, ranging from mild concussions to severe brain injuries resulting in loss of consciousness, amnesia, and changes that affect thinking, language, and emotion.

No matter what types of injuries you suffered, our motorcycle accident lawyers want to help you get the medical care you need to get better while we build a strong claim on your behalf.

MOTORCYCLE ACCIDENT STATISTICS

According to a 2012 preliminary motorcycle safety report from California Highway Safety Association (GHSA), high gas prices are encouraging more California to ride motorcycles for commuting and everyday travel. But statistics compiled by the GHSA suggest riders face risks of serious injury and death every time they ride.

  • Motorcycle accident fatalities in the United States have increased in 14 out of the last 15 years.
  • In the 14 years from 1997 to 2011, motorcycle accident fatalities more than doubled while total traffic accident fatalities dropped by 23 percent.
  • In the first nine months of 2012, more than 350 Texas motorcycle accidents resulted in deaths.

Not every crash can be prevented, but you can help reduce your chances of serious injury by wearing a helmet every time you ride—it may even save your life. The National Highway Traffic Safety Administration estimates that 706 of the riders who died in 2010 crashes would have lived if they had worn helmets.

LET US FIGHT FOR YOU

Make sure your legal rights to collect compensation are being protected after a motorcycle accident. At Gerard Law, we’ll handle the investigation and paperwork related to your claim, so you can focus on getting better. Contact our legal staff today, and let us fight for you.

Please feel free to contact us today at 949.328.4818 to schedule a free initial consultation. Si, Hablamos Español.