Irvine Car Accident Lawyer 

Regarded as one of the safest cities in the U.S., Irvine is known for its carefully planned layout and design, featuring a network of bike paths, parks, and green spaces. It is also one of the fastest growing cities in Orange County, with a population of over 300,000. Most residents drive, which means motor vehicle accidents are unavoidable. If you’ve been involved in a car accident in Irvine, you may be able to recover financial compensation for your vehicle damage, medical bills, and emotional distress. Contact an Irvine car accident lawyer at Woodbridge Accident Lawyers to schedule a free consultation. 

Common Causes of Car Accidents in Irvine

According to city data, there were a total of 42 fatal car accidents in Irvine between 2018 and 2021. Most auto accidents occurred during the month of August and in good weather conditions.

A majority of car accidents in Irvine happen because of driver negligence. This can include one or more of the following behaviors: 

Speeding

Speed limits are based on the prevailing speeds, collision history, and highway, traffic, and road conditions. When drivers exceed the posted speed limit, they run the risk of causing a serious car accident and injury to themselves or others on the road. 

Distracted Driving

Distractions are more prevalent than ever. According to the NHTSA, distracted driving results in more than 3,000 deaths per year. Even a few seconds of inattention can lead to a deadly crash involving another driver, pedestrian, or cyclist. The introduction of self-driving cars and other features inside the vehicle make it easy for drivers to become distracted. 

Illegal Turns

Making an illegal U-turn, turning right at a red light when it is prohibited, or not making a complete stop before turning right at a red light are some examples of illegal turns. In most cases, it is the driver making the illegal maneuver who is at fault. 

Running Red Lights or Stop Signs

Whether out of impatience, frustration, or distraction, some drivers run red lights or stop signs. Violating traffic signs and signals puts a driver in immediate danger of a collision with another vehicle. These types of accidents are especially dangerous at intersections. Red light safety cameras are one of the most effective ways to discourage red light running. 

Damages in a Car Accident Claim

Car accident victims may be able to recover two types of damages in a California car accident claim: economic and non-economic damages. 

Economic Damages

Economic (monetary) damages reflect the victim’s actual financial losses caused by the accident. They can include: 

• Medical bills
• Lost wages and other lost income
• Cost to repair or replace vehicle
• Other out-of-pocket expenses

Non-Economic Damages

Non-economic (non-monetary) damages represent intangible losses suffered by the victim, such as: 

• Pain and suffering
• Emotional distress, including PTSD
• Disfigurement or scarring 
• Loss of enjoyment of life
• Loss of consortium

To calculate a car accident victim’s damages, the insurance company or your lawyer will use the multiplier formula or per diem formula. The multiplier formula adds up your economic damages, such as medical bills and lost wages, and multiplies them by a number between 1.5 and 5, depending on the severity of your injuries and other factors.

The per diem formula assigns a daily rate to your pain and suffering and multiplies it by the number of days you were affected by the accident. 

Factors that Affect a Car Accident Settlement 

Each car accident is unique. This means that the settlement for each case will also be different. These factors determine how much a settlement is worth: 

The Type and Severity of Injuries

Injuries suffered in a car crash vary widely. Typically, the more severe the injuries are, the higher the settlement will be. Some of the most serious injuries from car accidents are: 

• Spinal cord injuries
• Broken bones
• Traumatic brain injuries (TBI)

If you are injured in an auto accident, you should seek immediate medical attention. If you do not seek medical care, the insurance company will likely minimize your settlement amount or dispute your claim. 

Fault and Liability 

If the other party violates a traffic law, such as running a red light, they are likely solely responsible for the accident, and therefore liable for all of your damages. However, if you share some fault for the accident, your settlement amount will be reduced.

California follows a pure comparative negligence rule. This means that even if the victim is 99% at fault, they can still recover 1% in damages from the other party. 

Available Insurance Coverage

The amount of liability insurance coverage from the other driver will affect how much compensation you receive. If the other party is uninsured or does not carry enough coverage to cover all of your damages, you will likely not be able to recover the total amount.

Car Accident Settlement Process

California sets a statute of limitations of two years from the date of the accident or discovery of the injury to file a car accident lawsuit. If your accident falls within the deadline, you may begin the process of filing a claim and obtaining compensation. 

Investigation – Once you hire a car accident lawyer, they will begin the investigation process. This includes gathering evidence such as the police report, witness statements, surveillance camera footage, and dashcam footage. 

Demand letter – After all evidence has been obtained, your attorney will draft a demand letter to the other party’s insurance company. This letter outlines the facts of the case and the demand for compensation. 

Negotiation – The demand letter kickstarts the negotiation process, which can take anywhere from weeks to months. During this time, the insurance company will initiate their own investigation. 

Settlement – The insurance company will offer their settlement. The attorney and their client can accept the offer or counter if they believe it is not a fair settlement. If a settlement cannot be reached, your Irvine car accident attorney may file a lawsuit. If a lawsuit is filed, the car accident process will be considerably longer. 

Additional FAQ

Will my car accident case go to court?

Most car accident claims are settled outside of court. This is because court trials are time-consuming and expensive for both parties involved. The insurance company will not want to risk going to court, and will want to settle. With the legal expertise of a car accident lawyer, the settlement process does not have to end up in court.

How long does the car accident settlement process take?

Under California law, insurance companies must settle claims within 85 days after the date of filing. However, it can take several more weeks or months to receive the settlement check, depending on the complexity of the case. 

Is my car accident settlement taxable?

Generally, personal injury settlements in California are not taxed because they are not considered income. The money the victim receives is theirs to keep, aside from the attorney’s contingency fee and any outstanding liens. 

Speak to Irvine Car Accident Lawyers 

If you have been injured in a car accident within the past two years, you may be able to file a personal injury claim with the other driver’s insurance company. While doing so on your own is possible, you run the risk of accepting a lowball settlement offer. 

With an experienced Irvine car accident lawyer, you will have a much better chance at obtaining maximum compensation for your medical expenses and lost income. The personal injury lawyers at Woodbridge Accident Lawyers are ready to help you regain your life back after an accident that was not your fault. Contact us for free at (949) 850-6767 or by filling out this online contact form.