Orange County Car Accident Lawyer
Car accidents are one of the most common causes of personal injury in Orange County and in all California area. Although many automobile accidents are minor, others result in serious injury or death. An automobile accident can devastate the lives of victims and their families in an instant. If you or a loved one has been injured, or if you have lost a loved one in a fatal car accident, you need the help of experienced orange county car accident lawyer. At Spencer Law Firm, our seasoned and skilled car accident lawyer will explore every avenue of recovery against those responsible for your injuries. We understand the physical and emotional trauma associated with motor vehicle accidents and we will zealously protect your legal rights while you recover.
Common Causes Of Automobile Accidents
Motor Vehicle accidents can be caused by many different factors. The most common causes can include any of the following:
- Negligent drivers:the most common cause of automobile accidents is driver negligence. Examples of negligence include reckless driving, lack of attention, driving while tired and falling asleep at the wheel, drunk driving, driver distractions (cell phone use, text messaging, eating, adjusting stereo or other controls, personal grooming, looking at maps or other items in the car), etc.
- Violation of traffic laws: speeding, illegal lane changes, aggressive driving, failure to obey traffic signs or signals, passing in restricted zones, and any other violation of the California Motor Vehicle Code.
- Adverse weather conditions: most collisions in bad weather are due to the negligence of a driver who fails to operate his or her vehicle safely under the circumstances.
- Defective products: defects in an automobile or one of its component parts is the cause of many accidents. Design defects or defects in the manufacturing process could cause failure in braking systems, tires, steering, seat belts, etc., or cause increased susceptibility to such hazards as rollovers or explosions in rear-end collisions.
- Bad road conditions: failure to properly maintain public roads can cause accidents (such as failure to fix pot holes or timely remove debris or other hazards). Poor road design can also be a problem. Examples include blind corners, sharp turns, inadequate warnings of impending conditions, or inadequate pavement markings.
Who Is Liable In An Automobile Accident?
Determination of fault is the most important part of any personal injury claim. The injured person, or plaintiff, must show that the defendant was negligent in causing the accident. This can usually be established if the defendant violated the California Motor Vehicle Code or if the defendant’s actions fell below what is called the “standard of care”, which is how a reasonable driver would act in the same circumstances. The plaintiff must show that:
- the defendant failed to use a reasonable degree of care in operating his or her motor vehicle; and
- the defendant’s negligence was the proximate cause of the plaintiff’s injuries.
In addition to the negligent driver, other parties may also be liable in an automobile accident injury claim. The manufacturer or retailer of an automobile or one of its component parts may be liable if the accident was caused by a defective product. State or local government may also be responsible for injuries if an accident was caused by inadequate warning signs, poor road design, or failure to maintain the roads. An employer may also be liable under certain circumstances if an employee caused an accident.
California has adopted a measure of damages called “pure comparative negligence.” This means that if an injured plaintiff is partially responsible for causing his or her own injuries, then the amount of damages that person can recover is reduced by the percentage of his or her own fault. For example if a jury found that a defendant in an auto accident was 80 percent at fault for running a red light, but also found that the plaintiff was 20 percent at fault for speeding, then the injured plaintiff’s damages would be reduced by 20 percent.
California Automobile Accident Attorney
If you or a loved one has been injured in an automobile accident in Orange County, it is essential that you retain competent, experienced legal representation. At the Spencer Law Firm, our Orange County car accident lawyer understand the difficult challenges and financial strains that you and your family face after a motor vehicle accident. We will aggressively fight to help you recover the maximum amount of compensation you are entitled to, such as current and future medical expenses, lost wages, lost earning capacity, pain and suffering, rehabilitation costs, and other damages. Call the Spencer Law Firm today for a free case evaluation.