A Trusted & Top Rated Car Accident Lawyer — Irvine, CA
At The Law Offices of Daniel Kim, we are committed to helping our clients get the compensation they deserve after a serious car accident. Our award-winning Irvine car accident attorney, Daniel Kim, and his professional legal team have the expertise and experience to protect your rights and fight for your best interests.
If you have injuries from a car accident, please contact us today for a free consultation. We will be happy to answer any questions you have and help you understand your legal options.
Our Irvine personal injury lawyer is proud to serve clients in the Irvine communities of Woodbridge, University Park, Turtle Rock, Westpark, Northwood, Northpark, Quail Hill, Portola Springs, Orchard Hills, Eastwood, Stonegate, Woodbury, Cypress Village, Rancho San Joaquin, Shady Canyon, and Oak Creek.
Other Practice Areas We Specialize In
Were You Seriously Injured in a Car Accident in Irvine?
A car accident can happen in just a few seconds, but can have a lifelong effect on victims. The physical, emotional, and mental pain that follows can severely affect a person’s well-being. If your life changed because of another driver’s negligence, our law firm can help you regain your health and financially put your life back on track.
The Law Offices of Daniel Kim is Orange County’s top personal injury law firm specializing in auto accidents. We have a 99% success rate in obtaining maximum compensation for car accident victims and their families. As an experienced Irvine car accident attorney, Daniel Kim puts his clients first – and never represents the insurance company. Reach our attorney today by calling (949) 529-2552 or sending us a message online.
No Win. No Fee. Guaranteed.
Our personal injury law firm works on a strict contingency fee arrangement. This means we offer our legal services to everyone at no upfront cost. We only get paid when you receive your settlement. Speak to our legal team today to learn more and schedule your free case evaluation.
Why Hire Daniel Kim as Your Irvine Car Accident Lawyer?
Daniel Kim is well-known as one of the top Irvine car accident lawyers. Since opening his own practice, Daniel has helped thousands of clients recover financial compensation from devastating motor vehicle accidents. Working closely with each and every client, he has helped recover over $300 million in settlements. With this money, clients are not left with huge medical bills or a totaled car. They are given a fighting chance to rebuild their lives and move on after a difficult event.
Daniel has received numerous awards and accolades in his career, including the prestigious Martindale-Hubbell Platinum Client Champion Award – the highest level of recognition for an attorney. He has also been recognized by Best Attorneys Of America, National Association of Distinguished Counsel, The National Trial Lawyers Top 100, and many more. In addition to speaking English, Daniel and his team are fluent in Korean and Spanish.
Before giving up hope of recovering compensation, reach out to our law office and schedule a completely free consultation with no risk. You pay nothing until we win.
Do I Need a Lawyer for a Car Accident?
An auto accident is a traumatizing event for anyone. The shock and disbelief, the immediate pain, and the dread that comes after the initial impact can leave victims feeling helpless. This is where a car accident attorney can help.
An experienced Irvine car accident attorney can help you take on the biggest challenge of a personal injury claim – insurance adjusters. These multi-billion dollar companies do not have your best interests in mind, and will likely try to minimize or deny your claim to avoid paying out a large settlement. Our law firm does not fall for their tricks and deceitful tactics. We will help you recover the maximum amount of compensation so you can focus on your recovery.
How Much Does a Car Accident Lawyer Cost?
As part of our firm’s “No Win, No Fee” contingency arrangement, we make these promises:
We will not charge you any upfront legal fees.
We will only get paid if we win your case.
We take a percentage of the settlement or award amount, typically about 33%.
We also offer free no-obligation consultations and case evaluations. This means that you can talk to us about your case and get our advice without any obligation to hire us.
If you have been injured in an auto accident, we encourage you to contact us today for a free consultation. We will be happy to answer any questions you have and help you understand your legal options.
How Much Is My Car Accident Claim Worth?
If you suffered severe injuries and financial losses in an auto accident in Irvine, you have the legal right to hold the at-fault driver responsible. The goal of a car accident claim is to seek compensation for your damages, which is the legal term for losses incurred as a result of the accident. The extent of your injuries, your out-of-pocket expenses, and the other party involved will be reviewed to determine the value of your claim. Typically, a claim will compensate for the following:
Lost wages: If you have missed work due to your injuries, your claim can include lost wages. This is because you have lost income due to the accident.
Medical bills: The cost of current and future medical expenses for injuries resulting from your car accident, including hospital bills, surgeries, medication, rehabilitation, and ongoing medical care, may be a part of your claim.
Pain and suffering: Your settlement can include compensation for the physical and emotional pain and suffering resulting from the auto accident, including mental anguish, loss of enjoyment of life, and other non-economic damages.
Rehabilitation cost: If you suffered from permanent physical injuries, you may be entitled to compensation for ongoing treatment and physical therapy.
Property damage: If your car was damaged or totaled in the accident, your claim can include the cost to repair or replace your vehicle, as well as other property damaged in the accident, such as personal belongings.
Punitive damages: In some rare cases, you may be entitled to punitive damages if the defendant acted especially egregious or reckless. These damages are meant to punish the defendant and deter future similar behavior.
Wrongful death: If you lost your loved one in a fatal motor vehicle accident, you may be entitled to recover compensation for funeral and burial expenses, emotional trauma, and more in a wrongful death lawsuit.
What Causes Most Car Accidents?
Regarded as one of the safest cities in the U.S. with a population of over 300,000, Irvine, like any other city, experiences auto accidents daily. Even in a minor accident, being involved in a collision causes stress and disrupts victims’ lives. Most of the time, driver error is the cause of car accidents on highways and streets. Below are some of the most common causes of auto accidents in California:
Speeding was the cause of nearly 30% of all traffic fatalities in 2020. Driving too fast is a major factor in many serious car accidents because the force and impact is much greater at a high speed. When combined with alcohol impairment or bad weather conditions, speeding is one of the riskiest behaviors on the road.
According to the NHTSA, distracted driving accidents claimed 3,522 lives in 2021. Distracted driving is any activity that takes a driver’s attention off the road, and includes texting, emailing, and eating. Despite the risks, many drivers continue to engage in dangerous distracted behaviors.
Driving under the influence of alcohol or drugs
DUI accidents often result in the most serious and fatal injuries. Drivers under the influence of drugs or alcohol are more prone to sudden and exaggerated behavior and have a slower reaction time, leading to a higher risk of an accident. In California, it is illegal for anyone to drive with a blood-alcohol content, or BAC, greater than 0.08%.
In California, reckless driving is a criminal offense that is defined as a “willful or wanton disregard for the safety of persons or property.” Behaviors such as tailgating, weaving through traffic, sudden lane changes, and running red lights are considered reckless driving, and can lead to car accidents due to the increased risk of collisions and loss of vehicle control.
Poor road conditions
Poorly maintained roads, potholes, uneven surfaces, inadequate signage, or construction zones can contribute to car accidents. In cases where drivers lose control of their vehicle in construction sites, they may sue the government entity or city responsible for maintaining the roads.
Falling asleep at the wheel is extremely dangerous and frighteningly common. According to the CDC, an estimated 1 in 25 adult drivers reported having fallen asleep while driving in the previous 30 days. Teens and young drivers are especially at risk for drowsy driving.
Bad weather/Driving at night
Driving in bad weather conditions such as rain, hail, or fog, can be difficult and increase the risk of an accident. Additionally, driving at night is dangerous because visibility is limited to about 500 feet. Drivers must be especially careful during nighttime rush hour.
Who Is At Fault in a Car Accident?
Negligence is the basis for most car accident cases. Negligence is defined as the failure to act with reasonable care to avoid harm or injury to another person. If a driver fails to exercise reasonable care by speeding, texting while driving, running a red light, or driving under the influence of alcohol or drugs, he or she will likely be found at fault for the accident. Your attorney will work with you to prove the four elements of negligence in a personal injury lawsuit: duty of care, breach of duty of care, causation, and damages.
California follows a “pure comparative negligence” rule when it comes to car accident claims. This law says that fault can be shared among multiple parties based on their degree of negligence. For example, if both drivers were speeding or distracted, fault may be apportioned based on the percentage of negligence of each party. For example, if the victim was found 20% at fault for the accident, he or she would be able to recover 80% in damages. Our Irvine car accident lawyers can discuss fault and liability in a car accident during a free consultation.
What To Do After a Car Accident
Immediately after an auto accident, the most important thing to do is stay calm. Reacting in a sudden and frantic way can hurt your chances of filing a personal injury claim and pursuing compensation. If you are involved in a car crash, take the following steps to protect your well-being and legal rights:
- Contact the police
The first thing you should do is stay calm and assess the situation. If anyone is injured, call 911 immediately. If your vehicle is drivable, you should move it to a safe location out of the way of traffic and wait for a responding officer to arrive on the scene.
- Exchange information with the other driver(s)
Once the situation is safe, you should exchange information with the other driver(s) involved in the accident. This includes their name, address, phone number, and insurance information. You should also get the make, model, and license plate number of their vehicle. Do not admit fault or apologize to the other driver.
- Take pictures of the damage
Once your vehicle is in a safe location, you should take pictures of the damage. This will help you document the accident and make a claim with the insurance.
- Report the accident, but be careful about what you say
You should report the accident to your insurance company, but do not give a statement or sign any paperwork. Tell the adjustor that you want a lawyer present before you say anything.
- Seek medical treatment
Even if you don’t feel injured, it is important to get checked out by a doctor after a car crash. Injuries can sometimes be delayed, so it is important to get checked out as soon as possible.
- Contact an experienced attorney
An Irvine car accident attorney can help you understand your rights and options and can represent you in negotiations with the other driver’s insurance.
What to Do in a Hit-and-Run Accident
Hit-and-run accidents are a serious offense in California. Depending on the severity of the accident and whether injuries were involved, a hit-and-run is classified as a misdemeanor or a felony, and can result in jail time and steep fines for the defendant. After a severe car accident resulting in property damage and injuries, both parties must exchange information. Leaving the scene without exchanging contact information is a crime.
If you are involved in a hit-and-run, it is important to do the following:
Stay on the scene: Do not leave the scene of the accident, even if the at-fault driver does. Move your vehicle out of harm’s way and wait for law enforcement.
Call the police: The police will investigate the accident and try to find the other driver. Provide as many details as possible to the officer, such as the make, model, and color of the car, the driver’s physical appearance, and what direction they were headed.
Take pictures: Take photos or videos of the damage to your car. This will help you document the accident and make a claim with your insurance company.
Talk to witnesses: If there are any witnesses to your accident, talk to them and get their contact information.
Get medical attention: Even if you do not feel injured, it is important to get checked out by a doctor. Hit-and-runs can cause injuries that are not immediately visible.
Do not be discouraged by a hit-and-run accident. Our car accident attorneys in Irvine are experienced in these cases, and will fight for you.
What Are the Types of Car Accident Injuries?
The speed of the vehicles involved, the type of car, the deployment of airbags, the use of seat belts by passengers, and other relevant factors all play a significant role in determining the nature and severity of car accident injuries.
It’s very important to seek medical treatment as soon as possible after an accident. When adrenaline is running through the body, certain injuries may not be immediately apparent. However, a medical professional will be able to conduct a thorough exam and find any issues or concerns.
The longer you delay necessary treatment, the more likely the defendant’s insurance company will argue that your injuries were not serious (or possibly related to an underlying condition).
These are some common car accident injuries we see from motor vehicle accidents in Irvine:
Traumatic brain injuries: Car accidents can cause head trauma, such as concussions and more serious traumatic brain injuries (TBIs) due to the impact of the crash.
Spinal cord injuries: The spinal cord is fragile nerve tissue that runs from the brain down the center of the back. Spinal cord injuries may result in partial or complete paralysis, depending on the severity of the injury.
Back and neck injuries: Whiplash is a serious neck injury caused by a sudden back-and-forth movement. Some accident victims may experience chronic pain for months or even years.
Broken bones: Ranging from minor cracks to complete breaks, bone fractures can take weeks or months to heal, potentially putting a car crash victim out of work.
Burns: If a vehicle catches fire, the victim may suffer from burns. Third degree burns are the most serious, and can leave victims with long lasting nerve damage.
Internal injuries: Organ damage or internal bleeding can occur from the impact of the collision or contact with objects inside the vehicle. Internal injuries are life-threatening and require immediate medical attention.
Soft tissue injuries: Soft tissue injuries such as sprains, strains, and bruises may not be immediately apparent, but can cause ongoing pain and discomfort.
PTSD: Car accident victims may suffer from post-traumatic stress disorder, also known as PTSD. Cognitive behavioral therapy is recommended to treat this condition.
Amputation: In severe car accidents, amputations of limbs can occur as a result of the force of the collision or crushing injuries. Amputations can have profound physical and emotional effects on a victim, requiring long-term medical care and rehabilitation.
Wrongful death: In tragic cases, car accidents can result in the death of a loved one. Wrongful death is the death of a person due to the negligence or wrongful actions of another party, and surviving family members may file a lawsuit for compensation.
Frequently Asked Questions
How Long Do I Have to File a Car Accident Claim?
The statute of limitations in every state sets a time limit for filing a car accident claim. In California, you have two years to file a claim. If you miss the deadline, you may be barred from recovering any damages. Reach out to an attorney as soon as you can after an accident so you do not lose the right to fair compensation.
Do I Need a Police Report to File a Claim?
No, you do not need a police report to file a claim. However, having this report can be very helpful in the claims process. An accident report provides documentation of the accident, including the date, time, location, and circumstances of the accident. It also includes statements from witnesses and law enforcement officers. This information can be helpful in proving liability and damages.
Should I Speak With The Other Driver’s Insurance Company?
You should not speak with the other driver’s insurance company because they will likely try to get you to say something that could be used against you in a claim. They may also try to pressure you into accepting a settlement that is less than you deserve. An attorney has a legal duty to represent your interests. They will be able to negotiate with the other driver’s insurance company on your behalf and will be able to protect your rights.
What Happens If The Other Driver is Uninsured or Underinsured?
If the other driver is uninsured or underinsured, you may still be able to recover damages through your uninsured and underinsured motorist coverage. UM coverage pays for your losses if you are injured in an accident by an uninsured driver, while UIM covers you if you are injured by an underinsured driver. The amount of UM and UIM coverage will depend on your own insurance policy. In California, the minimum amount of UM and UIM coverage is $30,000.
In addition to your own insurance company, you may also be able to file a lawsuit against the uninsured or underinsured driver. Our experienced car accident attorney can discuss your legal options in a free consultation.
Should I See a Doctor After a Car Accident?
Yes, you should see a doctor after a car accident, even if you feel fine. Certain injuries like whiplash may not be immediately apparent, but can cause serious complications down the line. Visiting a doctor and having medical records can also greatly help you if you decide to file a personal injury claim.
What If I Can’t Afford My Medical Bills?
After a car accident due to another driver’s negligence, it is the other driver’s responsibility to cover your medical expenses. While you are waiting to receive a settlement, our medical management team will help you schedule treatment and work out a payment plan with the healthcare provider. Once you receive compensation, a portion of the amount awarded will go towards your medical bills.
What Happens If Medical Bills Exceed Policy Limits?
Even if your medical bills exceed policy limits, the at-fault driver’s insurance company is still responsible for covering all of your expenses. In some cases, you may also be able to use your own uninsured/underinsured motorist coverage to cover any remaining costs. Our car accident attorneys in Irvine will help you recover the most out of a settlement.
Will My Car Accident Case Go to Trial?
It is unlikely that your car accident case will go to trial. This is because trials are expensive and time-consuming for everyone involved. While most insurance companies prefer to settle rather than going to trial, if a fair settlement cannot be reached, our law firm will take the necessary steps to ensure you receive the maximum compensation.
How Long Does It Take to Resolve a Car Accident Case?
The time it takes to settle an insurance claim can vary greatly, depending on the severity of the injuries, the complexity of the case, and the willingness of the insurance companies to cooperate. In general, it can take anywhere from a few months to a few years to settle a car accident claim. If you were involved in a car accident, it is important to be patient and to work with a knowledgeable attorney to get the best possible outcome.
Irvine Car Accident Statistics
One of the largest planned urban communities, Irvine is located in the heart of Orange County and encompasses more than 66 square miles. Its multiculturality has made it one of the top dining and culture destinations in Southern California.
However, due to the large number of residents and visitors, minor and serious car accidents are becoming increasingly common. According to the California Office of Traffic Safety (OTS), there were a total of 470 car accident fatalities and injuries in Irvine in 2020.
Dangerous Roads and Intersections
The 1-5 and I-405 are two of Irvine’s busiest freeways that see many car accidents day and night. Additionally, several major intersections in Irvine can be dangerous for motorists, pedestrians, and bicyclists. Motorists must be cautious when driving near Irvine Spectrum Center, which sees heavy foot traffic. Below are some of the most dangerous roads and intersections in Irvine, CA:
State Route 133 (Laguna Canyon Rd)
Sand Canyon Ave. and Jamboree Rd.
Jamboree Rd. and Walnut Ave.
Alton Pkwy. and Gateway
Jeffery Rd. and Irvine Center Dr.
Jamboree Rd. and Michelson Dr.
Walnut Ave. and Yale Ave.
Culver Dr. and Irvine Blvd.
University Dr. and Michelson Dr.