This page was written and reviewed by Michael J. Cefali, Esq. Attorney Cefali is a founding partner of Cefali & Cefali, APC, based in San Juan Capistrano, CA. He holds a Juris Doctor from Chapman University Fowler School of Law and a B.A. in Global Studies & Maritime Affairs from the California Maritime Academy. Widely recognized for his advocacy in personal injury law, he has secured multi-hundred-thousand-dollar settlements in motorcycle accidents, hit-and-runs, and red-light collision cases. He maintains a perfect 10.0 “Superb” rating on Avvo.
Beyond his legal practice, Mr. Cefali actively supports his community through the Rotary Club of San Juan Capistrano, contributes to housing and meal programs for those in need, and enjoys fishing and spending time with his rescue dogs.
The date below reflects when this page was last reviewed for accuracy. Please see our Editorial Guidelines.
After a car accident in Fullerton, the driver who caused it is responsible for your losses, and that claim is usually paid by their auto insurer: medical bills, missed paychecks, vehicle repairs, and the pain the crash caused. California gives you two years to sue over injuries and three years for a damaged car, but a crash involving a city-owned vehicle, an OCTA bus, or a hazardous public roadway starts a six-month clock for a written government claim.
Fullerton's streets see a steady toll. In 2023, Fullerton traffic crashes caused 736 deaths and injuries, according to the California Office of Traffic Safety, including 85 victims of alcohol-involved collisions and 47 injury or fatal hit-and-runs.
At Cefali & Cefali, a married team of attorneys, Courtney L.C. Cefali and Michael J. Cefali, handles car accident claims for Fullerton drivers, passengers, and families. Michael's career recoveries for injured clients top $60 million. Our office is at 27136 Paseo Espada, Suite 1123 in San Juan Capistrano, and Fullerton clients can meet with us by phone, on video, or face to face. Talking with us about your crash costs nothing, and we are paid only out of what we win for you. Reach us at (949) 325-7790 around the clock.
What Causes Car Accidents in Fullerton?
Most collisions we see in Fullerton trace back to a handful of driver choices:
Phone use behind the wheel. California bars drivers from holding a phone while driving (Vehicle Code section 23123.5). Texting and scrolling are behind many rear-end crashes on Harbor Boulevard and the SR-57.
Drunk or drugged driving. Alcohol was involved in collisions that killed or injured 85 people in Fullerton in 2023, with many crashes clustered around downtown's nightlife.
Speeding and tailgating. Fast merges onto the SR-91 and stop-and-go traffic on the I-5 leave little room to brake.
Running red lights and stop signs. Drivers must come to a complete stop for a red light under Vehicle Code section 21453, yet broadside crashes at busy intersections remain common.
Unsafe left turns and failure to yield. Drivers turning across Chapman Avenue, Orangethorpe Avenue, and Euclid Street often misjudge oncoming traffic.
Serving Drivers Across Fullerton and North Orange County
Fullerton sits where three major freeways meet: the SR-91 Riverside Freeway, the SR-57 Orange Freeway, and the I-5 Santa Ana Freeway. Freeway traffic spills onto Harbor Boulevard, Beach Boulevard, Euclid Street, and Orangethorpe Avenue, and the interchange ramps are a frequent source of merging and rear-end collisions.
Cal State Fullerton and Fullerton College bring tens of thousands of students into the city each day. Student drivers, commuters, and weekend crowds heading to downtown restaurants and bars add to the traffic around Chapman Avenue, Nutwood Avenue, and State College Boulevard, where crashes with pedestrians and cyclists are a particular concern.
Crashes on Fullerton city streets are usually handled by the Fullerton Police Department, while collisions on the freeways go to the California Highway Patrol. Many injured drivers end up in the emergency room at St. Jude Medical Center in Fullerton, and the most serious trauma cases go to UCI Health in Orange, the adult Level I trauma center for Orange County.
Common Injuries Resulting From Car Accidents in Fullerton
Even a crash at city speeds can cause injuries that take months to heal. The ones we see most often include:
Traumatic brain injury. A blow to the head or a violent jolt can injure the brain without any visible wound. Our page on concussion signs after a car accident lists symptoms that need prompt care.
Whiplash and neck injuries. The rapid back-and-forth motion of a rear-end impact can strain muscles and ligaments and damage discs.
Back and spinal injuries. Herniated discs, fractured vertebrae, and in the worst cases spinal cord damage.
Broken bones. Wrists, arms, ribs, hips, and legs often break against the dashboard, door, or steering wheel.
Internal injuries. Internal bleeding and organ injuries can stay hidden for hours, which is one reason a same-day medical exam matters.
Many of these injuries get worse over the first days and weeks, so early treatment both protects your health and creates the medical record an insurer will review.
Proving Liability for Your Damages
A car accident claim succeeds by showing the other driver was negligent: they failed to drive with reasonable care, and that failure caused your injuries. Under Civil Code section 1714, anyone whose carelessness injures another person is responsible for the harm. The evidence that usually proves it includes:
The police or CHP report, with the officer's notes, diagrams, and any citations issued.
Photos and video from the scene, dashcams, and nearby businesses. Store cameras often record over footage within days.
Witness statements taken while memories are fresh.
Vehicle data. Many cars record speed and braking in the seconds before a crash.
Medical records that connect each injury to the collision.
When a driver breaks a traffic law, such as running a red light, and causes the very kind of crash the law exists to prevent, California presumes that driver was negligent (Evidence Code section 669). Sharing some of the blame does not end your claim. Since the 1975 Li v. Yellow Cab Co. decision, California has simply lowered an award by the share of fault assigned to the injured person. When more than one driver or company is at fault, any one of them can be made to pay your full economic losses under Civil Code section 1431.2, while pain and suffering is divided by each party's share.
Insurance That Pays After a Fullerton Car Accident
Several policies can come into play, and finding all of them often separates a partial payout from full compensation:
The at-fault driver's liability coverage. Policies must carry at least $30,000 per hurt person, $60,000 total per crash, and $15,000 in property coverage (Vehicle Code section 16056). Serious injuries often exceed those limits.
Your uninsured and underinsured motorist coverage. It steps in if the at-fault driver is uninsured, underinsured, or gone. Insurers must include it unless you rejected it in writing (Insurance Code section 11580.2).
Medical payments coverage on your own policy, which helps with treatment costs regardless of fault.
Commercial and rideshare policies. Delivery vans, company cars, and Uber and Lyft drivers can carry much larger policies than personal auto insurance.
Government claims. Crashes caused by city cars, OCTA buses, or defective roads require a claim with the public agency first.
What Compensation Might I Receive for My Injuries?
The value of a Fullerton car accident claim turns on the severity of your injuries, the length of recovery, and how the injuries affect your work and daily life. Recoverable losses include:
Category
Examples
Medical treatment
ER visits, scans, operations, rehab, prescriptions, and care still to come
Lost earnings
Time off work and reduced earning ability if you cannot return to your job
Vehicle and property
Repairs or the market value of a totaled car, plus a rental and items inside
Pain and suffering
Daily pain, anxiety, lost sleep, scars, and activities you have had to give up
Wrongful death
Lost financial support and companionship for families of people killed in crashes
Punitive damages
Possible in rare cases of malice or fraud, such as some drunk driving crashes (Civil Code section 3294)
California sets no ceiling on pain and suffering for car crash claims. For bills already incurred, the 2011 Howell v. Hamilton Meats & Provisions, Inc. ruling limits recovery to what was actually paid or is still owed. If you lost a family member, a Fullerton wrongful death lawyer can explain the separate claims available to surviving relatives.
Common Defenses Used by Insurance Companies in Fullerton, CA
Adjusters work for the insurer, and their goal is to close claims as cheaply as the facts allow. Expect to hear some version of these arguments:
You were partly at fault. Even a small share of blame reduces the payout, so insurers look for any sign you were speeding, distracted, or slow to react.
Your injuries were already there. Prior back or neck problems are a favorite argument, but California law still lets you recover when a crash makes an existing condition worse.
There is not enough proof. Missing photos, no witnesses, or a vague police report give the insurer room to dispute fault.
You waited to see a doctor. Days or weeks without treatment get used to argue the injuries are minor or came from something else.
You are exaggerating. Insurers review social media posts and may hire investigators in larger claims.
Each of these defenses can be answered with early evidence, consistent medical care, and a clear record of how the injuries changed your life.
What To Do After An Auto Accident In Fullerton, California
Stop and call for help. California law requires drivers in an injury crash to stop, help the injured, and share their information (Vehicle Code section 20001). Call 911 so police document the scene.
Get medical care the same day. Some serious injuries hide behind adrenaline for hours.
Exchange and record information. Names, license numbers, plates, and insurance details for every driver, plus contact details for witnesses.
Take photos. Vehicle damage, skid marks, traffic signals, the road, and your injuries.
Be careful with the other insurer. Notify your own company, but say no to recorded interviews with the at-fault driver's insurer until a lawyer has looked at your claim.
We start by locking down evidence that disappears quickly: requesting the crash report, sending preservation letters for camera footage and vehicle data, photographing the scene, and interviewing witnesses. We also gather your medical records and bills so every injury is documented and tied to the collision.
Negotiating with Insurance Companies
Once treatment is far enough along to value the claim, we send a detailed demand to every insurer involved and respond to the defenses described above with evidence, not argument. We do not accept early lowball offers that leave future medical needs unpaid.
Filing a Lawsuit and Going to Court
When an insurer refuses a fair settlement, we file suit before the deadline. These cases go to Orange County Superior Court, usually the Central Justice Center in Santa Ana (700 Civic Center Drive West). We prepare each case for trial from the start, which is often what brings a reasonable offer. You can see outcomes from past cases on our case results page.
Statute of Limitations for Car Accident Claims in Fullerton, CA
Claim
Time to file
Statute
Injury suit against the driver at fault
Within two years of the collision
Code of Civil Procedure section 335.1
Car or property loss with no injury
Within three years of the collision
Code of Civil Procedure section 338
Family's wrongful death suit
Within two years of the death
Code of Civil Procedure section 335.1
Government claim (City of Fullerton, OCTA, Caltrans)
Within six months of the crash
Government Code section 911.2
Child injured in the crash
Clock generally starts at 18
Code of Civil Procedure section 352
These are deadlines to file a lawsuit, not to report the crash to an insurer, which you should do right away. Starting early also protects evidence: footage gets erased, vehicles are repaired, and witnesses become hard to find.
How to Choose the Right Car Accident Lawyer in Fullerton, CA
Focus on injury cases. Choose a firm that handles car accident claims every day and represents injured people only.
Check the State Bar. The State Bar of California lists every attorney's license status and any public discipline.
Ask who handles your file. Know whether you will work with an attorney or mostly with staff.
Understand the fee. A contingency fee contract has to be in writing under Business and Professions Code section 6147, and yours should spell out the percentage and who pays costs.
Read reviews about communication. Returned calls and regular updates matter as much as results.
For an overview of all of these, visit our Fullerton personal injury lawyer page. We do not handle workers' compensation, medical malpractice, or criminal defense.
Contact a Skilled Car Accident Lawyer in Fullerton California Today
The days after a crash decide how much evidence survives and how the insurer frames your claim. Cefali & Cefali can take over the calls, collect the proof, and pursue every dollar your case is worth while you recover.
Call (949) 325-7790 any time for a free consultation, or reach us through our contact page. No fee unless we win.
FAQ
Where do I file a car accident lawsuit if I was hit in Fullerton?
Fullerton crash lawsuits go to Orange County Superior Court and are normally heard at the Central Justice Center in Santa Ana. The North Justice Center in Fullerton does not hear these civil injury cases. Your attorney handles the filing and makes sure it is done within the two-year deadline, or within six months for a government claim.
What are the most dangerous intersections for car accidents in Fullerton?
Collisions cluster at the SR-91 and SR-57 interchange, the I-5 ramps at Orangethorpe Avenue and Commonwealth Avenue, and busy stretches of Harbor Boulevard near downtown. Around Cal State Fullerton, Chapman Avenue, Nutwood Avenue, and State College Boulevard see frequent crashes involving students, pedestrians, and cyclists.
What is the statute of limitations for car accidents in Fullerton?
An injury suit is normally due within two years of the crash (Code of Civil Procedure section 335.1), while a damage-only claim gets three years under section 338. If OCTA, the City of Fullerton, or another public body is involved, the written government claim comes first and is due in six months (Government Code section 911.2).
What are the most common legal claims made after a car accident in Fullerton?
Most are injury claims against the at-fault driver's insurer covering treatment costs, lost income, and pain and suffering, along with property damage claims for the vehicle. Families may also bring wrongful death claims, and many injured people make uninsured or underinsured motorist claims on their own policy.
What are the most common settlement amounts awarded in car accident cases in Fullerton?
There is no typical number. Settlements depend on the severity of the injuries, the cost of treatment, lost income, who was at fault, and the insurance limits available. A case with surgery or lasting injuries is worth far more than a minor soft-tissue claim.
The driver who hit me in Fullerton was uninsured. Can I still recover?
Usually, yes, through the uninsured motorist part of your own auto policy. California policies include it unless you rejected it in writing (Insurance Code section 11580.2), and it can also apply when a hit-and-run driver is never identified.
Do I have to report a Fullerton car accident to the DMV?
Yes, when anyone was hurt or killed or the damage tops $1,000. Every driver involved owes the DMV an SR-1 within 10 days under Vehicle Code section 16000, whether or not police wrote a report.
Michael Cefali is a dedicated accident attorney based in San Juan Capistrano, California, committed to securing justice and fair compensation for accident victims.
A graduate of Newport Harbor High School, he went on to earn his Bachelor’s degree in Global Studies and Maritime Affairs from the California Maritime Academy, followed by his Juris Doctor from Chapman University School of Law.
Deeply invested in his community, Michael is an active member of the Rotary Club of San Juan Capistrano, contributing to efforts that provide meals, housing, and support to those in need. Outside of his legal work and volunteer service, he enjoys fishing in Dana Point and spending time with his three rescue dogs—a Chihuahua, a Spaniel mix, and a Shepherd mix.
Driven by his strong belief in justice and fairness, Michael remains steadfast in advocating for individuals harmed by the negligence or inaction of others.
