Car Accidents

After a car accident, you are dealing with injuries, a damaged vehicle and insurance adjusters whose job is to pay as little as possible. An experienced car accident lawyer levels that playing field.

On this page: How we help · After a crash · Causes · Injuries · Insurance · Compensation · Deadlines · FAQ · En español

Smith Trial Group represents drivers, passengers and families injured in car accidents across Orange County and Southern California, from the I-5 and I-405 to local streets. Our auto accident results include a $10 million jury verdict, a $1.7 million jury verdict and a $350,000 jury verdict. We work on contingency, so you pay no attorney fee unless we recover for you.

How a Car Accident Lawyer Helps

Insurance companies handle claims every day. Most injured people handle one in a lifetime. A lawyer changes that imbalance by doing the work insurers count on you not doing:

• Preserving evidence early. Traffic camera and business security footage is often overwritten within days or weeks. Vehicle event data recorders, which capture speed and braking before a crash, can be lost when a car is repaired or salvaged.
• Proving fault. We gather police reports, witness statements, photographs and, when needed, accident reconstruction experts.
• Finding every source of coverage. The at-fault driver’s policy, an employer’s commercial policy, rideshare coverage and your own underinsured motorist coverage can all come into play.
• Documenting your damages. We work with your doctors to show the full extent of your injuries, future care needs and lost earning capacity.
• Negotiating medical liens. Reducing what you owe health insurers and medical providers can significantly increase what you take home.
• Being ready for trial. Insurers make better offers to people whose lawyers are prepared to try the case. We prepare every case to be tried.

What to Do After a Car Accident

• Get medical care. Some serious injuries, including concussions and spinal injuries, do not show symptoms right away.
• Call the police and make sure a report is prepared.
• Document the scene: photos of the vehicles, the road, traffic signals and your injuries, plus the other driver’s license and insurance information and witness contacts.
• Report the crash to the DMV within 10 days if anyone was injured or property damage exceeds $1,000.
• Do not give a recorded statement to the other driver’s insurer or sign anything before you talk to a lawyer.

For a complete checklist, see our guide What to Do After a Car Accident in California.

Common Causes of Car Accidents

• Distracted driving. Texting, navigation apps and in-car screens take a driver’s eyes off the road for seconds that matter.
• Speeding and unsafe lane changes, especially in heavy freeway traffic.
• Driving under the influence of alcohol or drugs.
• Running red lights and stop signs, and failing to yield on left turns.
• Following too closely, the leading cause of rear-end collisions in stop-and-go traffic.
• Fatigue, particularly among commercial and rideshare drivers working long hours.
• Dangerous road design or poor maintenance, which may involve a government agency and a six-month claim deadline.

Types of Car Accidents We Handle

• Rear-end collisions: common on the I-5, I-405 and SR-55, and frequently the cause of neck and back injuries
• Broadside (T-bone) crashes at intersections, often from red-light running or failure to yield
• Head-on collisions, including wrong-way drivers
• Sideswipe and lane-change crashes
• Left-turn accidents
• Rollovers, which may involve vehicle design defects
• Multi-vehicle freeway crashes, where fault must be divided among several drivers

We also handle truck accidents, Uber and Lyft accidents, motorcycle accidents, pedestrian accidents, bicycle and e-scooter accidents and hit-and-run and uninsured motorist claims.

Common Car Accident Injuries

• Neck and back injuries, including whiplash and herniated discs
• Concussions and traumatic brain injuries
• Broken bones and joint injuries, including knee and shoulder tears
• Spinal cord injuries
• Internal injuries
• Scarring and burns
• Anxiety, sleep problems and post-traumatic stress

Serious and permanent injuries are covered on our catastrophic injuries page. When a crash takes a life, families may have a wrongful death claim.

Who Can Be Held Responsible

Responsibility does not always stop with the other driver. Depending on the facts, claims may be brought against:

• The at-fault driver
• The driver’s employer, if the driver was working at the time of the crash
• The vehicle owner, in some situations
• A rideshare or delivery company
• A government agency responsible for a dangerous road
• A vehicle or parts manufacturer, if a defect caused or worsened the crash

How Car Accident Insurance Works in California

California is an at-fault state: the driver who caused the crash, and that driver’s insurer, are responsible for your losses. Since January 1, 2025, the minimum liability coverage in California is $30,000 per person and $60,000 per accident for injuries, and $15,000 for property damage, which is often not enough for a serious injury.

When the at-fault driver has little or no coverage, your own uninsured/underinsured motorist (UM/UIM) coverage may apply, and we pursue those claims too. Medical payments coverage or health insurance may pay medical bills while the case is pending, subject to reimbursement from the recovery.

Under California law, drivers who were uninsured at the time of a crash are generally barred from recovering non-economic damages such as pain and suffering, so carrying coverage matters. Commercial vehicles, rideshare drivers and government vehicles involve different policies and rules.

Comparative Fault

California’s pure comparative fault rule allows you to recover even if you were partly at fault, with your recovery reduced by your share. If you were 25 percent responsible, you can still recover 75 percent of your damages. Insurers often try to inflate an injured person’s share of fault, so do not accept their assessment without advice.

Compensation in a Car Accident Case

Recoverable damages include medical expenses, lost wages and earning capacity, pain and suffering, emotional distress and vehicle damage. In rare cases, such as crashes caused by drunk drivers, punitive damages may be available. For a detailed explanation of how claims are valued and what you actually take home, read How Much Is My Personal Injury Case Worth?

Filing Deadlines

California generally allows two years from the date of injury to file a personal injury lawsuit, and three years for property damage alone. When a city, county, state agency or public transit district is involved, a formal government claim usually must be filed within six months. Evidence fades quickly, so it is best to speak with a lawyer as soon as possible.

What It Costs

We handle car accident cases on a contingency fee. There is no upfront cost, we advance the costs of the case, and our fee is a percentage of the recovery, agreed in writing at the start. If there is no recovery, you owe no attorney fee. Consultations are free and confidential.

Areas We Serve

From our Newport Beach office, we represent car accident victims throughout Southern California, including Newport Beach, Irvine, Santa Ana, Los Angeles, Riverside, San Bernardino and the Inland Empire and San Diego.

Helpful resources: California DMV insurance requirements · California Highway Patrol

Frequently Asked Questions

The other driver’s insurer offered to settle. Should I take it?

Not before your injuries are fully evaluated. Once you settle, you cannot reopen the claim if your condition turns out to be worse.

Who pays my medical bills while the case is pending?

Your health insurance or medical payments coverage often pays first, and is reimbursed from the recovery. We negotiate those reimbursement claims to maximize what you keep.

Do I need a lawyer for a minor accident?

Not always. If you were not hurt, you may be able to handle a property damage claim yourself. If you were injured, a free consultation will tell you whether a lawyer can add value.

How long does a car accident case take?

It depends mainly on your medical treatment. Most cases should not settle until your doctors understand your long-term condition. Cases that resolve through negotiation often take months; cases that go into litigation can take a year or more.

Will I have to go to court?

Most car accident cases settle without a trial. But we prepare every case as if it will be tried, because that preparation is what produces fair settlement offers.

What if I was partly at fault?

You can still recover under California’s comparative fault rule. Your compensation is reduced by your percentage of fault.