Mission Viejo Car Accident Lawyer
Proudly Serving Car Accident Victims in Mission Viejo and the surrounding Communities
According to the California Office of Traffic Safety, in 2013, 14,839 people were injured and killed in vehicle collisions in Orange County, California. Car accidents are one of the leading causes of accidental death in America, yet they’re 100% preventable. The vast majority of vehicle collisions result from human error. When a driver gets behind the wheel intoxicated, texts and drives, or fails to obey the rules of the road, he or she endangers everyone else on the roadway—including innocent bystanders and pedestrians. If you are looking for an Auto Accident Attorney in Mission Viejo, CA, trust Banner Attorneys for expert legal representation.
Negligence and Car Accidents
Whenever a car accident involves negligence, victims always have the right to take the responsible party or parties to court to fight for compensation. Recovery can include financial awards for victims’ personal injuries, property damages, lost wages, and pain and suffering. To receive compensation for a car accident, the victim (i.e., the plaintiff) must prove negligence. This is done by demonstrating that:
- The law required the defendant to take reasonable care. In the case of a car accident, a plaintiff can prove this simply by showing that the defendant was the person driving at the time of the crash. Every driver in America owes a reasonable duty of care when he or she encounters others on the roadway.
- The defendant breached his/her reasonable duty of care. A breach is the driver’s act of negligence. There can be a variety of breaches, from failing to properly maintain a vehicle’s brakes to falling asleep behind the wheel. A breach is any behavior that falls short of what the law expects a reasonable person to do under similar circumstances.
- The breach caused the plaintiff’s damages. The plaintiff must show that the defendant’s breach of care directly caused his or her injuries or property damage. Proving this is typically possible using police reports, security footage of the crash, and eyewitness statements.
- The plaintiff sustained an injury or property damage as a result of the breach. If the plaintiff can’t show any monetary losses or injuries that the accident caused, he or she can’t recover an award.
Negligence may be breaking roadway rules, such as speeding or running a red light, or driving irresponsibly, such as scrolling through social media apps while driving. Anytime a driver behaves in a careless or thoughtless manner and it causes an accident, the victim may have grounds for a personal injury claim.
Car Accident Attorneys in Mission Viejo, CA
Once you hire a Mission Viejo car accident attorney and file a personal injury claim, you must undergo negotiations with the defendant in front of a judge, in or out of a courtroom. If mediation and arbitration don’t result in a satisfactory settlement, the lawyers at Banner Attorneys can represent your case in court. It’s important to hire experienced and knowledgeable local car accident attorneys in California who understand state and county laws.
For example, California abides by pure comparative negligence laws. These allow a court to assign fault to the plaintiff and the defendant in a car accident case. This is good and bad news for victims. Pure comparative negligence means you can obtain compensation even if you were partially responsible for the accident. However, it also means that you must prove that you were less than 50% at fault to receive recovery for your damages.
It’s important to hire a skilled attorney who can prove the defendant’s fault. If you sustain an injury in a car accident, contact Banner Attorneys. Attorney Brian Banner has over a decade of experience in Mission Viejo and knows California law. With a 98% success rate, we have what it takes to settle a car accident case in your favor.
Top 5 Reasons You Need Brian Banner as your Auto Accident Attorney:
1. He’s Walked in Your Shoes:
He was involved in a serious accident himself and was injured due to another’s negligence. He knows firsthand how difficult and life changing an accident is.
2. He Knows How to Take on the Insurance Companies:
He’s has almost two decades of experience fighting the insurance companies and knows how to dispute their tactics in avoiding and diminishing your claim.
3. He Doesn’t Get Paid Until you Do:
He doesn’t earn a penny until he wins your case and gets you the money you deserve.
4. He Wants to Win your Case and Win Big:
He has a 98% success rate. He’ll take his innate competitive nature and drive to win, when he’s representing you against the insurance company.
5. He Knows You Want Your Claim Resolved in a Timely Manner:
His overall turn around time in handling your case from start to finish is 93 days. He’ll work aggressively to get it done.