Tustin Car Accident Lawyer

What to Do After a Car Accident in Tustin

The steps you take in the first days after a crash can make a real difference to your claim:

1. Get medical care right away. Some injuries, like concussions and whiplash, don't show symptoms for hours or days. A prompt medical record also links your injuries to the crash.
2. Call the police. Tustin Police handle crashes on city streets; the California Highway Patrol handles the 5, the 55 and other freeways. Ask for the report number.
3. Document everything. Photos of the vehicles, the scene, your injuries and any skid marks or debris. Get the other driver's name, license, plate and insurance, and contact details for witnesses. Here's more on documenting the evidence after a crash.
4. Look for video. Businesses, homes and traffic cameras often record crashes, but footage gets deleted quickly. Here's how to request traffic camera footage.
5. Report the crash to the DMV. California requires an SR-1 report within 10 days if anyone was injured, even slightly, or property damage is over $1,000. It's separate from the police report.
6. Be careful with the other driver's insurer. You don't have to give them a recorded statement, and you shouldn't sign anything or accept a quick offer before you know the full extent of your injuries.

How Insurance Companies Handle Car Accident Claims

Insurance companies are businesses, and every claim they pay reduces their profit. Adjusters are trained to keep payouts low. They may suggest your injuries are minor because the damage to your car looks small, question gaps in your medical treatment, or use something you said in a recorded statement to argue you were partly at fault. I explain these tactics in more detail in four ways insurers try to minimize car accident settlements.

Because I used to work on the defense side, I know what adjusters look for and how they build their numbers. I prepare each case so the insurance company sees the full picture of your injuries, your losses and the evidence of fault, and I'm ready to take the case to court if a fair settlement isn't offered. If you want to know more about the process, read how car insurance companies handle accident claims.

My degree in mechanical engineering helps too. When fault or the cause of an injury is disputed, I know how to work with accident reconstruction engineers and biomechanical analysts to show how the crash happened and what forces your body went through.

Common Car Accident Injuries

Even low-speed collisions can cause serious harm. The injuries I see most often in car accident cases include:

• Whiplash and soft tissue injuries to the neck and back, which can cause long-term pain and stiffness.
• Back and spine injuries, including herniated discs. A "minor" crash can still cause a serious back injury.
• Head injuries, from concussions to traumatic brain injuries, along with persistent headaches.
• Broken bones in the arms, legs, ribs and hips, often needing surgery and months of rehabilitation.
• Emotional effects such as anxiety about driving, trouble sleeping and depression.

Common Causes of Car Accidents in Tustin

Tustin sits between two busy freeways and has some heavily used surface streets, including Jamboree Road, Red Hill Avenue, Newport Avenue and Irvine Boulevard. Crashes I see often involve:

• Rear-end collisions in stop-and-go traffic and near freeway on- and off-ramps
• T-bone (broadside) crashes at intersections when a driver runs a red light or turns left without yielding
• Distracted drivers looking at phones or GPS screens
• Speeding and unsafe lane changes on the 5 and the 55
• Drunk or drugged driving
• Parking lot crashes at busy shopping centers

Crashes with a commercial truck, a motorcycle or a pedestrian raise their own issues; see my pages on crashes involving commercial trucks, motorcycle accident claims and pedestrians hit by cars.

What You Can Recover After a Car Accident

California law lets you recover compensation for losses caused by another driver's negligence. That usually includes:

• Economic damages: medical bills (past and future), lost wages, reduced earning ability, car repair or replacement, and other out-of-pocket costs.
• Non-economic damages: pain and suffering, emotional distress, loss of enjoyment of life and, for a spouse, loss of consortium.

Injuries that are permanent change the value of a claim a great deal; here's how permanent injuries affect compensation. Over the course of my career, I've recovered over $20 million for my clients in total.

What If You Were Partly at Fault?

You can still recover. California follows "pure comparative fault": your compensation is reduced by your share of the blame, but not eliminated. If you were 20% at fault, you can still recover 80% of your damages. Insurers often exaggerate a driver's share of fault, so this is an area where careful evidence matters.

One important exception: under California's Proposition 213, a driver who didn't have insurance at the time of the crash generally can't recover non-economic damages (pain and suffering), even if the other driver caused the accident. Passengers aren't affected by this rule.

What If the Driver Who Hit You Is Uninsured or Underinsured?

California's minimum liability coverage is $30,000 per person and $60,000 per accident for injuries, which often isn't enough after a serious crash. If the at-fault driver has no insurance, or not enough, you may be able to claim under the uninsured/underinsured motorist (UM/UIM) coverage on your own policy. Your own insurer can be just as difficult as the other driver's, and I handle these claims too.

Medical Bills and Liens

Health insurers, Medi-Cal, Medicare and some medical providers can claim repayment from your settlement through a lien. If liens aren't handled properly, they can take a large share of your recovery. I review and negotiate liens so more of the money ends up with you.

How Long Do You Have to File?

In California, you generally have two years from the date of the crash to file a lawsuit for your injuries. If a city, county or other government agency is involved, for example a crash with a city vehicle or a dangerous road condition, you usually must file a government claim within six months. Missing these deadlines can end your right to recover, so talk to a lawyer early.

How Fees Work: No Recovery, No Fee Guarantee

I handle every car accident case on a contingency basis. You don't pay anything upfront, and you only pay my fee if I obtain compensation for you. I advance the costs of your case, and they're repaid from your recovery. If there's no recovery, you owe no fee.

Car Accident FAQs

How much does a car accident lawyer cost in Tustin?

Nothing upfront. I work on a contingency fee, so my fee comes out of the compensation I recover for you. If there's no recovery, there's no fee. The consultation is free.

What is a typical car accident settlement in California?

There isn't a typical number, because every case depends on its facts: how serious your injuries are, your medical costs and lost income, how clear fault is, and how much insurance coverage is available. With California's minimum coverage at $30,000 per person, finding every available policy, including your own UM/UIM coverage, can matter as much as proving the injuries.

How long does a car accident claim take?

Some claims settle in a few months once treatment is finished. Cases that need a lawsuit can take a year or more. I don't recommend settling before your doctors have a clear picture of your recovery, because you can't reopen a claim later.

Do I need a lawyer for a minor car accident?

If nobody was hurt and the damage is small, you may not. But if you have any injury, or pain that doesn't go away, talk to a lawyer before you give a recorded statement or accept an offer. Injuries from "minor" crashes are often worse than they first seem.

What if the other driver's insurance company calls me?

You can politely decline to give a recorded statement and refer them to your lawyer. Anything you say can be used to argue your injuries are minor or that you were at fault.

Can I still recover if I was partly at fault?

Yes. Under California's pure comparative fault rule, your compensation is reduced by your percentage of fault, but you can still recover.

Talk to a Tustin Car Accident Lawyer Today

If you've been hurt in a car accident in Tustin, call me at (714) 461-6003 or request a free consultation. I'll listen to what happened, explain your options and tell you honestly how I can help. You can also read more about my background or see the other types of injury cases I handle.