Anaheim Car Accident Lawyer

On March 28th 2022, a white Mercedes sedan sped southbound down Harbor Boulevard just before 2 a.m. and hit a brick wall so hard, the vehicle even split in half and burst into flames. There were sadly no survivors. Hearing news stories like this one is very common nowadays, especially in big cities like Anaheim. But, when it comes to a family member, a friend, or even ourselves, who do we call after a car accident? The smartest thing to do would be to call someone who can help us, like a car accident lawyer. But, how can an Anaheim car accident lawyer help you?

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Anaheim Car Accident Statistics

Anaheim is actually one of the busiest metropolitan areas of California. This is why traffic collisions are more common in this area and sadly, so are deaths due to car accidents. In fact, according to data from the Anaheim Police, the city of Anaheim averages just over 5,000 motor vehicle accidents each year. Even though these numbers are alarming, this only accounts for accidents that occur within Anaheim city limits. 

Did you know that for every person killed in a car accident in Anaheim, eight are hospitalized, and another 99 are treated at and released from emergency departments? Truth be told, Anaheim’s accident rate was actually on a slow (but steady) increase between 2014 and 2016 until a dramatic high in 2017.

Car accidents in Anaheim are no joke and knowing how to prevent them, or at least why there are so many, can even save your life or someone you know. Curiously, not every traffic accident occurs from intentional reckless driving or even dangerous driving. Many accidents actually occur from honest mistakes, momentary carelessness, and simple negligence. When this happens, what can you do in order to receive compensation for the damage? Contacting an Anaheim car accident lawyer is key. 

How Can You Determine Fault In a Car Accident? 

Everyone involved in a car accident will remain liable, or at fault. But, identifying the careless driver who caused the accident is necessary for determining who is at fault in a car accident. Most of the time, it’s easy to tell which driver was careless because of how they drove. The careless driver will be held accountable for any harm they cause—injury, property damage, or even death. Now, what happens if figuring out who’s at fault isn’t quite clear?

When it comes to car accidents in California, proving fault can be done in one of two ways. The first way is by demonstrating that the other driver was showing under common law negligence. The second way is by demonstrating statutory negligence, which indicates that the other party broke a law, such as the California Vehicle Code.

Common Law Negligence

To establish negligence under the rules of common law, you must show:

• Duty of Care: The other driver was obligated to drive with reasonable caution.In general, all drivers are responsible for adhering to traffic laws, driving safely and responsibly, avoiding harm to others, and being aware of the conditions of the road.
• Breach of Duty: The other person didn’t drive the car with enough care. The reasonable person standard, i.e how a reasonable person behaves in the situation, is the standard by which a driver’s behavior is evaluated.
• Causation: The breach of duty was the direct cause of the accident. 
• Damage: You suffered bodily, mental, or monetary losses as a result of the accident.

Most importantly, in order to prove common law negligence, you need to provide evidence such as police reports and witness statements.

Statutory Negligence

The second, and slightly simpler, way to prove negligence is to demonstrate that the other driver broke a law, such as the California Vehicle Code. Whether the driver broke the law will typically be noted in the accident report from the police. If so, without any further proof, they will be assumed to have been negligent. It’s sometimes referred to as negligence “per se.” A driver must establish their innocence if they are charged with negligence per se. Otherwise, they would be liable for the accident under the law.

Common Causes of Car Accidents in Anaheim

There are many ways or forms of how/why a car accident happens and how an accident occurs often informs the legal implications the incident could have. Some of the most common reasons that accidents happen in the Anaheim area include:

• Driving while intoxicated (DUI) by alcohol or drugs DUI poses a significant risk to both the drunk motorist and anyone nearby. DUI drivers are more likely to speed and commit other serious driving infractions, increasing the likelihood that accidents may result in severe physical injuries or fatalities. In addition to being responsible for any victims’ civil damages, a driver who causes a serious accident while under the influence will also be prosecuted criminally. If you are found guilty of DUI, you could face fines, jail time, and loss of your driving rights.
• Reckless driving and speeding. It is everyone’s responsibility to drive safely on the road. Unfortunately, some drivers are rude or hurry to get where they’re going without respect for other people. A driver who causes an accident as a result of a moving infraction is likely to be prosecuted on criminal charges in addition to being responsible for the damages suffered by the victims.
• Driving when distracted. In California, it is against the law to use a cell phone while operating a vehicle. Drivers are only permitted to use their phones when using hands-free or Bluetooth devices, and breaking this rule can result in serious penalties. Contact us if you or a loved one is injured in an accident that was caused by a driver who was inappropriately using their phone or was not paying attention to the road. You can obtain proof to demonstrate their liability with the aid of your Anaheim auto accident lawyer.
• Limited visibility. It goes without saying that nighttime driving is riskier than daytime driving. Even though many of the roads in the Anaheim area are well-lit at night, inclement weather and improper headlights use have the potential to cause serious accidents. Traffic collisions brought on by inadequate sight can raise difficult liability issues.

When a driver sustains injuries as a result of the carelessness, recklessness, or willful dangerousness of another driver, the at-fault driver is liable for the victim’s damages.

Any form of car collision has the potential to be painful and destructive. Some incidents can result in injuries that have a long-term detrimental impact on a person’s life, or even cause death or permanent disability. Kirakosian Law may assist you in choosing the appropriate course of action if you require legal advice after an accident in the Anaheim, California area.

Kirakosian Law: Your Anaheim Car Accident Lawyer

In a car accident in Anaheim? Then Greg Kirakosian and Kirakosian Law have you covered. Our services are risk free. Consultations are free. You don’t pay a dime unless you win. And our case history speaks for itself. Our presence in Anaheim means you have a law firm you can trust. Greg Kirakosian (google him and see for yourself) has an undeniable presence in personal injury, car accident, civil rights and sexual assault cases. Winning isn’t everything, winning is the only thing. We have the perfect team, the experience and the resources to give you the best possible outcome.