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Motor vehicle litigation applies to all types of accidents, including automobiles, trucks, motorcycles, buses, and bicycles that operate on our streets and highways. Motor vehicle litigation can extend further than the basic car crash. This type of litigation may involve liability on the part of vehicle manufacturers, distributors, retailers, and other suppliers for defects in the vehicle itself. Motor vehicle litigation may also involve an action against governmental entities for the design, maintenance, and unsafe condition of our roadways.
Because of the many potential causes of car accidents and the possible parties involved, these cases can often be significantly more complicated than one may imagine. Most cases involve more than simply filing an insurance claim and receiving a check. Instead, injured car accident victims may encounter many roadblocks and challenges to recovering compensation for their losses, which only compounds the stress of dealing with a serious injury.
If you or a family member sustained injuries in any type of motor vehicle accident, allow the experienced Santa Ana car accident lawyers of Aitken * Aitken * Cohn to help you. We do not shy away from complex claims and help clients recover just compensation for losses and injuries incurred in car crashes. Please contact our office for a free consultation with our Orange County personal injury lawyers and to learn more today.
Many people have never been seriously injured in a motor vehicle accident before, so it is only natural that they may be unsure of what to do. The following are some important steps following a car accident:
When someone suffers serious injuries in a motor vehicle accident, they can incur a significant amount of losses – both financial and non-economic. Some examples of recoverable damages in a car accident case include:
Yes. California follows pure comparative negligence. That means you can still recover compensation even if you were mostly at fault, but your award is reduced by your percentage of responsibility. For example, if you’re found 30% at fault and awarded $100,000, you’ll receive $70,000.
“We retained Michael Penn for my dad’s car accident in 2023. From our very first call, he was sympathetic, down to earth, and made the process seamless so we could focus on my dad’s recovery. He took on the lion’s share of everything insurance-related and guided us with compassion and professionalism to the very end. If you value integrity, clear communication, and real results, Michael Penn and his firm should be at the top of your list.” — Family of a 2023 Car Accident Client
To know whether you can seek damages following a collision, you must determine whether someone else was at fault in the accident. In legal terms, you must prove that someone else acted negligently and, therefore, caused your injuries.
A person who negligently operates a vehicle is liable for any damages caused by that carelessness. Operators of vehicles must use “reasonable care under the circumstances.” Generally speaking, reasonable care on the road means following all traffic and safety laws, staying alert, and driving in a manner that will keep others reasonably safe. This standard of care can change based on the conditions at hand. For example, a person traveling the speed limit of 55 miles per hour may be within the confines of the law, but it may not be a reasonable speed in heavy rain, dense fog, or heavy traffic. Therefore, whether a person exercised reasonable care is closely examined on a case-by-case basis under the particular circumstances of each case.
If someone else’s failure to use reasonable care causes an accident, anyone injured as a result may bring an action for damages. A lawsuit may be brought by:
If you suspect someone acted negligently, you must identify and prove what actions or inactions caused the crash. Often, this requires extensive investigation, which may include interviewing witnesses, examining police reports, and even enlisting the help of an accident reconstruction specialist. You should seek help from a law firm that has the knowledge and resources to sufficiently investigate the cause of your crash to identify any liable parties.
Often, a driver will be liable due to negligence or carelessness behind the wheel. The following are only some causes of car accidents that can lead to a legal claim:
Any of these risky driving behaviors can lead to devastating accidents, injuries, and fatalities.
Car accidents are often caused by factors in addition to the carelessness or recklessness of drivers. Automobile accidents may also result from:
When a case involves a party other than a driver, proving negligence can become more complicated. For example, if a part of a car malfunctions due to a defect, you will need an automotive expert to identify the issue and give their opinion that the part was inherently defective. Then, your claim will likely be against a large corporate manufacturer, which will have a legal team and insurance providers ready to defend against the claim. In such cases, you should be represented by a law firm that is not hesitant to take on large companies in insurance claims or in court.
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Aitken Aitken * Cohn is nationally recognized for its success in the courtroom – but we’re most proud of our client-focused approach. From the free initial consultation to the final court proceedings, our case strategies are entirely informed by your needs. Our car accident lawyers in Orange County strive to maintain regular, consistent communication to ensure that we are as transparent as possible regarding case status, investigations, or any other legal decisions we make along the way.
Additionally, we understand just how financially devastating a motor vehicle accident injury can be for you and your loved ones. That’s why we represent your interests on a contingency fee basis – you don’t pay any initial fees, and there are no upfront costs. If our injury lawyers don’t secure a favorable settlement or verdict on your behalf, your total legal costs are zero.
The personal injury attorneys at Aitken * Aitken * Cohn have decades of valuable experience successfully advising people in many types of personal injury claims.
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Richard Cohn
Partner
Known as a persistent, aggressive trial attorney who takes a “turn every stone” approach toward the legal matters he handles, he has received numerous awards and accolades for his results…. read more
Darren Aitken
Partner
Darren has been recognized and awarded consistently throughout his career for his professional accomplishments and was named the Orange County Trial Lawyers “Top Gun–Personal Injury Lawyer of the Year” in… read more
Chris Aitken
Partner
Daily Journal recognized Chris as one of the “Top Plaintiff Lawyers in California” in both 2024 and 2022, a distinction given to less than 50 lawyers in California. Consumer Attorneys… read more
Casey Johnson
Partner
Casey obtained his Juris Doctorate degree from USC Law School in 2002, graduating in the top quarter of his class. At USC Law School, he was a member of the… read more
Michael Penn
Partner
After graduation, he returned to Tokyo and worked at Toyo Corporation. Mr. Penn obtained his Juris Doctorate degree from Chapman University School of Law in 2004 and was elected student… read more
Megan Demshki
Partner
Megan received departmental honors in both Political Science and Peace Studies. Megan served as Chapman University’s Student Body President from 2012-2013. As Chapman University Student Body President, Megan worked to… read more
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Motor vehicle accidents are all too common in California. Statistics reported by the California Highway Patrol regarding reported crashes in 2015 include:
As these numbers show, motor vehicle accidents tragically affect over a quarter-million Californians annually. Whether you are driving, riding in a car, riding a motorcycle or bicycle, or simply crossing the street, you face the risk of being involved in an accident with life-threatening injuries.
Crash victims can sustain devastating injuries. This is especially true if a smaller car collides with a large commercial truck, or if a motor vehicle hits a pedestrian or cyclist who has no protection from the impact. Serious motor vehicle accident injuries that can disrupt a victim’s life include:
Spinal cord injury – When there is any direct trauma to the spine, or if the spine is twisted or wrenched in an unusual way, the delicate spinal cord can be damaged. This can cut off communication between the spinal cord nerves and parts of the body below the point of the injury. In some cases, spinal cord injury victims can suffer paralysis, causing them to lose all movement and sensation in any affected limbs. Spinal cord injuries can also cause problems with bladder, bowel, sexual, and respiratory functioning. Needless to say, spinal cord injury victims require extensive medical treatment and can be left with permanent disabilities.
Traumatic brain injury (TBI) – A TBI is another common injury in car collisions because victims often hit their heads or suffer a violent jolt of their heads. This can cause the brain to rattle in the skull, causing damage to brain tissue. TBI victims can experience widely varying symptoms depending on what part of their brain was injured. Brain injuries can disrupt your cognitive functioning, making it difficult to process information or communicate your thoughts. It can also cause physical impairments involving balance, coordination, and speech. Finally, some brain injury victims experience personality changes and emotional and behavioral issues. While some TBI victims recover with time, for many, it can take months or years before symptoms resolve. Others may have permanent impairments as a result of their injury.
Broken bones – Many people have broken a bone at some point in their lives. All broken bones require medical attention, otherwise, permanent complications may occur, including disfigurement of the bone and nerve damage. Broken bones usually require a victim to refrain from using that part of the body for weeks or months until it heals. More serious broken bones may involve compound fractures that require surgical intervention. Doctors may need to insert hardware to hold the bone in place while it heals, and the recovery time can be much longer. Sometimes, a second surgery may be needed to remove the hardware, while others live the rest of their lives with screws, pins, or rods in place. Serious breaks may permanently impact the use of that body part.
Soft tissue injuries – Soft tissue injuries affect the muscles, ligaments, and tendons and are common in the neck, back, knees, shoulders, and other joints. Motor vehicle accidents can cause people to twist in unusual ways, which can cause a sprain or strain to the soft tissue. Some accidents can cause the soft tissue to tear partially or completely, which may require surgical repair. Recovery from these injuries can be long and requires significant rehabilitative therapy, though victims still may not ever return to their previous abilities and activities.
Amputations – A crash can completely crush a victim’s limb to an irreparable degree or even sever the limb so it cannot be reattached. This can be common in motorcycle, bicycle, and pedestrian accidents, as limbs can be pinned under vehicles and damaged to the degree that they require amputation. Having any part of the body amputated will completely change a person’s life. They will need to relearn how to engage in daily activities without a limb or with a costly prosthesis. Amputations can be painful and can also be extremely emotionally traumatic.
Internal injuries – Not all traumatic injuries are visible from the outside. Car accidents can result in serious internal trauma, which can often be life-threatening. Punctured lungs, broken ribs, internal hemorrhaging, and organ damage all require emergency trauma care to stabilize a victim. Victims with internal injuries often need emergency surgery and an extended hospital stay. The recovery period can be long for this type of injury.
These types of injuries are considered “catastrophic” because they result in lasting impairments or disabilities. Injuries that affect the brain or spine can have a particularly severe effect on a victim’s life, as these injuries can affect many different systems of the body and abilities. The costs of living with a permanent disability can be astronomical.
Whether you break your wrist or sustain a life-changing injury, you will incur medical expenses and other losses. If someone else caused your accident, you may have the right to seek damages and have the liable party compensate you for all that you have lost. You should discuss your situation with our experienced Orange County car accident attorney as soon as possible.
Most car accident lawsuits in Orange County are filed at the Orange County Superior Court – Central Justice Center in Santa Ana. Knowing the local court system gives your attorney a critical advantage in moving cases efficiently and effectively.
In one recent example, for instance, a 20-year-old college student was rendered a quadriplegic in an automobile accident in Orange County. For six years, it was believed that the college student was the driver of the vehicle which caused the car accident. This was alleged both by the insurance carrier and the Defendant, who was also in the vehicle. Through skillful investigation and expert testimony, Aitken * Aitken * Cohn proved that the passenger was actually the driver at the time of the accident. After three weeks of trial, the jury awarded the plaintiff $6,868,494 in damages.
Aitken*Aitken*Cohn, located in Orange County, California, has obtained exceptional results through its professional and aggressive representation of clients who have suffered injuries in auto accidents. For more information regarding some recent results in the area of motor vehicle litigation, click on any of the following links:
Three Million Dollar Settlement Above Policy Limits in Bicycle vs. Auto Accident A thirteen-year-old boy was riding his bicycle down a street when the defendant’s vehicle entered the bike lane striking the plaintiff. As a result of the plaintiff’s severe injuries, he brought suit against the defendant. The defendant’s insurance refused to pay out policy limits on the claim resulting in a suit for Insurance Bad Faith.
Result: $10,546,000.00 Gross Settlement
Plaintiffs Collect Policy Limits in Automobile Incident in Fashion Island (2004): This litigation arose from an automobile v. automobile incident occurring in the City of Newport Beach. The plaintiff, negotiating a left-hand turn, was struck on the driver’s side by a defendant who ran a red light at an excessive speed.
Result: $565,000.00 settlement (policy limits)
Auto accidents can be minimized. For information relating to car safety, check these tips on road safety.
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$11 million in catastrophic injury lawsuit involving the California Republican Party
$38.5 million for construction workers injured in catastrophic bridge collapse on 91 freeway
$3.8 million settlement for injured pedestrian violently struck by a tractor-trailer
