Attorney Profiles

Sean M. Burke

Sean M. Burke

With more than 25 years of experience as an attorney, Sean M. Burke can help you attain the compensation you deserve after a serious personal injury. He holds an AV rating from Martindale-Hubbell, and was named Orange County Trial Lawyer Association's (OCTLA) Medical Malpractice Trial Lawyer of the Year for 2005.
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Heather J. Higson

Heather J. Higson

Heather J. Higson became a member of the State Bar of California in 1989, and joined Mr. Burke’s law firm in 2006. She has experience in every area of medical malpractice, from case inception through discover and trial.
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Covering Ambulance Expenses after a Personal Injury

October 17, 2017 @ 12:00 PM — by Sean Burke
Tagged with: Personal Injury

AmbulanceAfter a serious accident or injury, it is important to take every step necessary to ensure that you receive quality medical treatment as soon as possible. In many cases, this involves taking an ambulance to the nearest hospital. The speed of treatment that can be received when riding in an ambulance vs. a car can be life saving, making it an invaluable service. However, when the ambulance bill arrives, many are shocked to see just how much money that ride costs them.

When a person suffers a personal injury as a result of another person’s reckless or negligent actions, he or she may not have to worry about the cost of their ambulance ride. Experienced attorney Sean M. Burke helps personal injury victims file a lawsuit so that they can be compensated for damages following a personal injury. Mr. Burke is happy to discuss personal injury damages and ambulance fees with his Orange County, CA clients so that they know just how much compensation they are due.

Ambulance Fees

Many people do not realize just how costly an ambulance ride is, and when the bill comes in weeks later, it can be quite a shock. It is difficult to say exactly how much an ambulance ride will cost, because it will vary based on the distance traveled, the medical equipment used, and whether a Basic Life Support vehicle (a BLS) or Advanced Life Support vehicle (an ALS) was provided. However, the basic ambulance fee for a BLS is around $600 and the basic fee for an ALS is about $1000. By the time distance fees and medical equipment fees are accounted for, the average cost of an ambulance ride is well over $1,000, with many getting bills in the $2,000 range.

Compensation for Ambulance Fees

When a personal injury lawsuit is filed, victims can seek compensation for the expense of any treatment that is deemed medically necessary. As long as an ambulance ride is considered medically necessary, it falls under the category of medical expenses.

To save money, insurance companies or attorneys may argue that an ambulance ride was optional. However, Mr. Burke will provide evidence to show otherwise. When it comes to medical treatment, the court tends to err on the side of caution, so unless it can be shown that an ambulance ride was not needed at all, it is likely that any fees associated with the ambulance ride will be included in the client’s final compensation.

Contact Our Law Firm

There are laws in place to protect accident victims who have been injured due to the reckless or negligent actions of another person or party. However, the best way to ensure those rights are protected is to work with an experienced personal injury attorney, such as Sean M. Burke. Contact us at your earliest convenience to discuss the details of your case and learn how Mr. Burke can help you get the financial compensation you deserve.

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Auto Accidents and Street Racing: What You Need to Know

October 01, 2017 @ 12:00 PM — by Sean Burke

Head-on automobile collisionStreet racing is becoming increasingly common. Unfortunately, auto accidents and street racing often go hand in hand, causing serious injury and even death. Traveling at fast speeds can cause a driver to careen out of control, resulting in running a red light, a head-on collision, or a rollover. Many times, these auto accidents affect innocent individuals. In Orange County, CA, Attorney Sean M. Burke can help victims obtain the compensation they deserve for their injuries.

Participation in Street Racing Is Increasing

Drag racing is dangerous enough. But when drivers take to urban roads to test their high-speed sports cars, chaos can ensue. People of all ages have been involved in cases of street racing. However, the most common demographic participating in street racing is young men between the ages of 15 and 23.

The National Highway Traffic Safety Administration reports that the leading cause of death among drivers aged 16 to 20 is vehicular accidents. Despite the increasing public awareness regarding street racing, the practice is thriving.

Common Causes of Accidents Involving Street Racing

There are certain factors that raise the risk of injury or death while driving. These include:

  • Driving at High Speeds: We have all seen it happen. While driving down a highway or interstate, cars suddenly zip in and out of traffic, driving at 20, 30, and 40 miles over the speed limit. The faster a car is going, the longer it will take the driver to react. This does not bode well for someone who needs to put on the brakes or swerve to avoid an accident.
  • Anger: Driving angry is not good for anyone. A high-adrenaline, emotionally fueled practice like street racing can bring out the worst in people.
  • Rainy Weather: Road conditions that cause most people to be extra cautious while driving are typically ignored by street racers. Rainwater mixes with the oil on the roads, creating a slippery surface that can cause vehicles to skid out of control.
  • Ignoring Red Lights: When driving at high speeds, it is difficult to slow down and stop when necessary. This leads to running stop signs or red lights. If drivers run a red light, they not only risk a collision with cars crossing the intersection, but they also endanger cars in front of them that may have just passed through the light.
  • Driving Drunk: Driving under the influence of alcohol is one of the primary causes of accidents while street racing. Alcohol consumption inhibits a person’s ability to operate a car under normal circumstances, much less if you are participating in a street race.

Street Racing Can be Devastating

It only takes a few seconds to lose control of a car and have a collision. If someone - either the driver or an innocent bystander - is injured, his or her life will most likely never be the same. Of course, if the accident is fatal, it will change the lives of the loved ones left behind.

In addition to emotional trauma, street racing can lead to extensive medical bills, due to numerous surgeries, therapies, and treatments. Common injuries from street racing include:

  • Lacerations
  • Internal bleeding
  • Severe burns
  • Organ damage
  • Broken bones
  • Spinal cord injury
  • Brain injury

Learn More about Your Rights

If you or a loved one is a victim of street racing, you are entitled to compensation for your pain and suffering. The Law Offices of Sean M. Burke can help you overcome the losses you have experienced. For a consultation, call us at (949) 644-3434, or contact us online.


Product Liability and Warning Labels

September 18, 2017 @ 01:58 PM — by Sean Burke

Recall signWhen manufacturers distribute a product to the public, they have a responsibility to ensure that the product works properly. When a product is defective, it can cause a personal injury that is likely result in serious damages. However, even if a product is in working order, it may still pose a risk. If a manufacturer knows that the product poses a certain risk, and fails to provide an adequate warning label, that is a form of product liability.

Personal injuries caused by product liability can result in significant losses, including medical expenses, pain and suffering, and lost wages. At the Law Offices of Sean M. Burke, our experienced attorneys have handled cases involving product liability and warning labels. We are prepared to help our Orange County, CA clients collect the compensation they deserve.

When Are Warning Labels Needed?

When you are shopping, it may appear as though every product has a warning label. Warning labels are put in place to protect consumers against risks associated with products, as well as to protect manufacturers from liability should the use of the product lead to an injury. It is a manufacturer’s legal responsibility to properly inform consumers on how to use the product, as well as to warn against any hidden dangers the product may pose. Although a warning label is not required for every product, one will be necessary under the following circumstances:

  • There is a danger associated with the product
  • The manufacturer is aware of the risk or danger of the product
  • The product poses a threat when the product is being used in a reasonable manner
  • The danger is not obvious to the consumer

A Proper Warning Label

A warning label must meet certain standards. A proper warning label should adhere to the following guidelines:

  • The warning label must be placed in an area where it will be easily seen by consumers
  • The wording on the warning label must be clear and specific
  • The warning label should be easy for consumers to understand

If a warning label is hidden or fails to clearly state the dangers of the product, an injury victim may still have a product liability case.

Product Liability

If a manufacturer provides a substandard warning label or fails to provide one altogether, and a consumer is injured while using the product in a reasonable manner, product liability laws dictate that the manufacturer can be held liable for damages stemming from the injury. The damages will be unique in each case, but injury victims may be able to collect compensation for pain and suffering as well as financial losses.

Large corporations often have experienced legal teams ready to fight against liability, so it is important for injury victims to work with an experienced attorney, such as Sean M. Burke. Mr. Burke has extensive knowledge in the field of product liability and will fight hard to ensure clients’ rights are protected.

Contact Us

If you were injured by a defective product or one that lacked a proper warning label, the personal injury attorneys at the Law Offices of Sean M. Burke can help you collect the compensation you deserve. Contact us at your earliest convenience to discuss the details of your case.


Product Liability Cases Involving Manufacturing Defects

September 05, 2017 @ 12:18 PM — by Sean Burke

An automotive part with a manufacturing defectWhen you purchase a product, you have every right to expect that it will be reasonably safe to use for its intended purpose. If there are any known hazards associated with the use of the product, you likewise have the right to be forewarned of those hazards. While consumers certainly have the responsibility to employ some common sense while using products, manufacturers have the responsibility not to make products with dangerous defects commercially available. If such products do become available, consumers who are injured as a result of the use of these products may be able to obtain compensation by filing a special type of personal injury lawsuit known as a product liability lawsuit.

Product liability lawsuits can be filed in response to any number of injuries, ranging from relatively minor injuries such as broken bones and lacerations to extremely major injuries such as spinal cord injuries and traumatic brain injuries. When an injury is caused by a manufacturing defect, a product liability lawsuit is generally filed against the manufacturer of the product.

At the Law Offices of Sean M. Burke, personal injury attorney Sean M. Burke personally handles every aspect of every case involving product liability and manufacturing defects. Our Orange County, CA lawyer uses all of the resources at his disposal to ensure that victims of dangerous products receive the superior legal representation they deserve.

If you or a member of your family has been injured by a defective product, or if you have lost a family member due to the use of such a product, please arrange for an evaluation of your case today.

The Doctrine of Strict Liability in Product Liability Cases

Product liability cases are unique among personal injury cases in that, in general, they do not require the plaintiff’s attorney to pinpoint an act of negligence on the part of the defendant. This is because the presence of the manufacturing defect, if it does indeed exist, is evidence enough that an act of negligence did occur at some point. Often in product liability cases involving manufacturing defects, the same defect is present in all products manufactured during a given run.

In manufacturing defect cases in which the doctrine of strict liability comes into play, Mr. Burke must be able to demonstrate that:

  • The manufacturing defect does indeed exist in the product; therefore, no further evidence of negligence on the part of the manufacturer must be presented;
  • The defect was responsible for the plaintiff’s injury;
  • The plaintiff was using the product properly and for its intended purpose at the time of the injury;
  • The plaintiff could not have reasonably foreseen the defect that caused the injury and therefore could not have avoided the injury;
  • The plaintiff experienced losses and expenses as a result of the injury and therefore should be compensated by the manufacturer of the product.

Arrange for an Evaluation of Your Product Liability Case

To arrange for an evaluation of your product liability case, please contact the Law Offices of Sean M. Burke today.

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Fog and the Risk of Auto Accidents

August 16, 2017 @ 02:09 PM — by Sean Burke

Windshield damaged in auto accidentEvery time a person gets into a vehicle (either as driver or passenger), there is a potential risk for an auto accident. Auto accidents injure millions of people in the United States each year, resulting in substantial financial losses. Most people can only hope that by making responsible driving decisions and taking all necessary safety precautions, they can keep the risk of an auto accident low. Unfortunately, there are many factors that are out of the control of even the most responsible driver, primarily, weather conditions.

Bad weather can alter the condition of roads and make it difficult for drivers to react appropriately. One weather condition that many drivers have difficulty navigating is fog. Attorney Sean M. Burke understands the risk of auto accidents in fog, and wants his Orange County, CA clients to understand what they should do if they’ve been injured in a car accident in fog.

Fog and Visibility

Fog is a dense layer of condensation that sits much lower to the ground than clouds. This buildup of moisture creates a heavy layer that appears white and hazy. The main concern when driving in fog is visibility. When fog is intense, it can be difficult to see the vehicle directly in front of you. In addition to drastically reducing visibility, fog can also alter a driver’s perception. The following are common concerns when driving in the fog:

  • It can be harder to make out street signs and signals
  • When fog is present, it is not as easy to gauge how fast the vehicles around you are traveling
  • In fog, it is not easy to distinguish between moving vehicles and those that are stationary
  • Depth perception, or estimating the distance between objects, is affected by fog, making it unclear how close your car is to other vehicles

Taking Precautions

Because fog can have such an impact on visibility, it is important for drivers to be especially cautious when fog is present. Taking proper precautions is the best way to minimize the risk of an auto accident when weather conditions are poor. The following tips are especially useful when fog is reducing visibility:

  • Reduce driving speed
  • Increase the amount of space between your vehicle and the one in front of you
  • Avoid using high beams and opt for fog lights instead
  • If conditions are especially poor, consider pulling off the road until the weather has improved

After an Accident

Unfortunately, many drivers make poor decisions when driving in fog, and these can easily lead to an auto accident. Drivers who have been involved in an auto accident should take the following steps:

  • Collect insurance information for all involved drivers
  • Collect the contact information for all involved parties, including witnesses
  • If possible, take photos of involved vehicles and surrounding conditions
  • Contact the police to file a report
  • Seek medical attention for any obvious injuries (even when injuries do not seem to be present, it is a good idea to schedule an exam)
  • File a claim with your insurance company
  • Contact an experienced attorney

Contact Us

If you have been involved in an auto accident, it is important to work with an experienced attorney, such as Sean M. Burke, to ensure your legal rights are protected. Mr. Burke will gather the evidence that is necessary to prove liability, and fight for maximum compensation for your losses. Contact us at your earliest convenience to learn more about your legal options.


Road Rage Can Cause Serious Auto Accidents

August 01, 2017 @ 12:43 PM — by Sean Burke

A crashed carSharing the road with others can cause stress and tension. Unfortunately, some people let the stresses of the road cause them to act out and endanger other people’s safety. When road rage occurs, it can lead to major accidents and serious injuries, leaving those injured with extensive medical bills and lost income. Victims of road rage auto accidents may be able to recoup lost wages and medical expenses with the assistance of an experienced attorney.

At the Law Offices of Sean M. Burke, we are experienced in auto accident and road rage cases in and around Orange County, CA. To find out how we can help you in your road rage accident case, contact our legal team today.

What Is Road Rage?

Road rage refers to the violent anger some feel when driving, and may lead to a person using his or her vehicle as a weapon against others. Road rage is often accompanied with aggressive driving, which can be described as driving in a manner that violates traffic laws and endangers others. When road rage isn't controlled, it can lead to serious accidents, both on and off the road. Some examples of road rage include:

  • Excessive speeding
  • Crossing a double line to make an illegal pass
  • Passing on the shoulder
  • Darting between lanes
  • Making obscene gestures
  • Yelling verbal insults
  • Confrontational body language
  • Blocking another vehicle by braking or swerving
  • Not signaling turns or lane changes 
  • “Brake checking” or suddenly braking in front of someone who's tailgating
  • Changing lanes in front of another vehicle, or “cutting off” others
  • Excessively flashing headlights and honking the horn
  • Following another vehicle and committing a violent act once the vehicle has been parked

What Should You Do if You're a Victim of Road Rage?

If you're exposed to another person's road rage and aggressive driving, it is important not to escalate the situation by engaging in acts of violence yourself. Don't make obscene gestures, yell, or drive in an aggressive manner as this can make the situation worse.

If you have been involved in an accident as a result of another person's road rage, it's important to protect your safety by staying in your car, with the doors locked, and calling 911 for help. Seek medical attention if necessary.

You should also get the other vehicle’s license plate number, make and model of the car, description of the individual, and any other information that may be used to identify the person at fault. Giving this information to law enforcement can help with their investigation of the road rage incident, and help in your accident claim. 

Finally, contact a road rage accident attorney to ensure your rights are protected and the party responsible for your accident is held liable. A road rage attorney can help you receive compensation for your injuries, property damage, medical bills, lost wages, and pain and suffering.

A Road Rage Attorney Can Help

If you have been the victim of a road rage accident, our road rage attorneys can help. To learn more about your legal options in resolving your road rage accident claim, schedule a consultation with our legal team today.

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Damages in Cerebral Palsy Cases

July 17, 2017 @ 12:00 PM — by Sean Burke

A statue of Lady JusticeThe birth of a child should be a joyous time for a family, but when a birth injury causes cerebral palsy, it can turn a joyous occasion into one of fear, pain, and uncertainty. The law offices of Sean M. Burke helps families facing a birth injury seek compensation and hold negligent parties responsible. Birth injury attorney Sean M. Burke is experienced in obtaining the maximum settlement for damages in cerebral palsy cases in and around Orange County, CA. If you believe your son or daughter's birth injury was caused by medical malpractice, we encourage you to contact the law offices of Sean M. Burke today.

Medical Malpractice May Cause Cerebral Palsy

Cerebral palsy, a condition most commonly marked by issues with muscle coordination, is usually caused by damage to the brain during pregnancy or at birth. Cerebral palsy may occur as a result of an injury at birth, an injury that may be caused by medical malpractice. Cerebral palsy may also be a congenital issue not caused by any wrongdoing on the part of medical staff.

Because cerebral palsy can occur due to congenital causes, when seeking damages for cerebral palsy, it's necessary to demonstrate a birth injury occurred as a result of medical negligence.

Medical negligence or malpractice that may lead to cerebral palsy may include ignoring the signs of oxygen deprivation on a fetal heart rate monitoring device, not responding quickly enough to signs of infant distress, or head trauma during delivery or while in the neonatal unit. When these or similar events occurred in a child with cerebral palsy, there may be grounds for a medical malpractice lawsuit.

Types of Damages in a Cerebral Palsy Cases

Although no amount of financial compensation can give a child injured at birth the quality of life he or she may have had without sustaining a life changing injury, it can help ease the stress of mounting medical expenses and help pay for long term considerations such as specialized schooling, physical therapy, or home care. Some types of damages that may be sought through a cerebral palsy case include:

  • Medical expenses: Medical expenses for a person with cerebral palsy can easily amount to millions of dollars over a lifetime. Through a cerebral palsy case, it may be possible to obtain compensation for past, present, and future medical expenses.
  • Non-medical expenses: Non-medical expenses may include special vehicles, occupational therapy, specialized schooling, home care, counseling, or alterations to the home.
  • Pain and suffering: The courts may award financial compensation for the pain and suffering an injured child and his or her family may experience as a result of medical malpractice.
  • Loss of consortium: Loss of consortium can be described as a loss of companionship between a parent and child. In a cerebral palsy claim, brain damage may prevent a parent and child from having the type of relationship they would have had if the child had not been injured. Compensation for loss of consortium may be sought in a cerebral palsy case.

Seek the Help of a Birth Injury Attorney

Families of children who have cerebral palsy as a result of a birth injury may not be aware their child's medical issues are a result of medical malpractice without hiring a lawyer. Attorney Sean M. Burke is experienced in birth injury cases and can help the parents of victims of birth injuries collect the necessary medical records to determine if medical malpractice was the most likely cause of cerebral palsy. In such cases, there are often strong grounds for a medical malpractice lawsuit. If your child is the victim of a birth injury, contact the law offices of Sean M. Burke to learn more about your legal options.


Potholes Can Lead to Major Auto Accidents and Collisions

July 01, 2017 @ 04:30 PM — by Sean Burke
Tagged with: Auto Accidents

A pothole in the roadPoor road conditions can lead to a number of hazards on the road. Potholes are one such hazard. A pothole is a disruption in the surface of a road. Typically a portion of the road will have broken off or been damaged in some way, leading to the formation of a hole in the road. Potholes can vary in size and be located on various parts of the road.

Poor road conditions cause auto accidents throughout Orange County, which is why our lawyers take these matters very seriously. With that in mind, let's consider why potholes are a major danger.

How Do Potholes Form?

Potholes form as a result of pressure from car tires and moisture. When it rains, the moisture can seep through cracks in the asphalt and wind up in the roadbed, which is the underlying layer of material that supports the road. The roadbed is comprised of sand, gravel, and rock. As car tires pass over the asphalt, more water is forced into the roadbed, leading to erosion. Eventually, the asphalt sinks into the eroded portion of the roadbed, and then breaks away.

Potholes can be fixed by being filled in, but many times this can take weeks or months before a pothole is attended to. During this time, accidents can happen.

The Dangers Posed by Potholes

When a driver hits a pothole, they run a risk of a losing control of their vehicle. This can contribute to a single-vehicle or multi-vehicle collision. The dangers are even higher for motorcyclists, who may be thrown from their motorcycle or skid with their motorcycle after losing control.

If the danger isn't from hitting the pothole itself, there are also serious dangers from trying to avoid the pothole. Motorists may swerve very suddenly to avoid the pothole, which can cause its own dangers. A motorist may lose control of their vehicle as they dodge a pothole, or they could collide with another motorist in the process.

Potential Vehicle Damage from Potholes

For some perspective on the dangers of potholes, it's been estimated that hitting a deep pothole causes the same amount of force on impact as getting into a collision at 35 miles per hour. Just driving over a major pothole can lead to tie damage, damage to your suspension, and damage to your vehicle's steering system. In addition, this force can result in injuries to the driver and any passengers in the car.

Who Is Held Liable for Poor Road Conditions?

Usually a city, county, or state is responsible for filling in potholes and maintaining roadways. The difficulty can be in proving negligence in road maintenance and holding the proper authorities responsible. This can be challenging to do on your own, which is why it's so important to work with a skilled attorney.

An accident lawyer can handle the complexities of the legal system and ensure the negligent government agency is held accountable for their actions or lack of action. Your lawyer will seek damages from the government agency to cover medical bills, vehicle damage, and other losses related to the accident.

Contact the Law Offices of Sean M. Burke

To learn more about your legal rights and options following a serious motor vehicle accident, be sure to contact our team of personal injury attorneys today. The team at The Law Offices of Sean M. Burke are here to help you in your time of legal need.

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Auto Accidents and Wrong Way Driving

June 21, 2017 @ 12:00 PM — by Sean Burke

A crashed carWrong way driving accidents can be life changing, causing serious injury, permanent disability, or even death. An experienced auto accident attorney can help those who have been injured in a wrong way accident obtain the maximum compensation for their injuries and other damages. Those who have been involved in auto accidents and wrong way driving and live in or around Orange County, CA are encouraged to contact the Law Offices of Sean M. Burke for help with their case.

The Dangers of Wrong Way Driving

Wrong way driving, or driving against the direction of traffic, can be a deadly mistake. When wrong way driving results in a collision, it can lead to serious injuries or even death. Accidents caused by wrong way driving are particularly dangerous and damaging as they often result in head-on collisions. Head-on collisions are often fatal due to the force of impact caused by the speed of two moving vehicles colliding. Those who are involved in and survive a wrong way driving accident may suffer from minor to serious injuries, including:

  • Cuts and bruises
  • Broken bones
  • Brain injury
  • Spinal cord injury
  • Paralysis

Why Does Wrong Way Driving Occur?

Wrong way driving may occur for a number of reasons, such as:

  • Driving under the influence of drugs or alcohol: Driving under the influence of drugs or alcohol can interfere with a person's ability to obey traffic laws, control his or her vehicle, and make good decisions, all of which can lead to wrong way driving.
  • Distracted driving: Not focusing on the road while driving and becoming distracted by such things as cell phone use, the radio, or other passengers, can cause a driver to miss important road signs and cause him or her to drive the wrong way.
  • Driving in an unfamiliar area: Driving in an unfamiliar area may lead a person to drive the wrong way as a result of becoming lost or simply not being aware of one-way roads.
  • Poorly marked road: Street signs that indicate one-way roads or caution against driving the wrong way may be missed due to being obstructed by vegetation or other barriers. In other cases, signage may be lacking or streets may be poorly marked, causing a driver to drive the wrong way without realizing it.

Seeking Damages in a Wrong Way Accident

Those who have been injured in a wrong way accident caused by another person's negligence or as a result of obstruction or lack of signage, may be entitled to compensation for damages sustained in their accident. Damages may include financial compensation for pain and suffering, medical expenses, loss of income, and damage to property. It's important for those who have been injured in a wrong way accident to contact a car accident attorney to ensure their legal rights are protected while also ensuring they receive the maximum compensation for injuries and other damages.

Contact the Law Offices of Sean M. Burke

If you or a loved one has been involved in a wrong way accident, you're encouraged to contact the Law Offices of Sean M. Burke. Our experienced car accident attorneys will fight on your behalf to ensure you receive the maximum compensation for your pain and suffering.


Auto Accidents at Night

June 01, 2017 @ 12:00 PM — by Sean Burke

Night drivingMost people are in the car multiple times a day, whether driving to and from work or running errands. Although driving makes life easier in many ways, it can be a dangerous activity. Millions of Americans are hurt or injured in car accidents each year. These auto accidents can result in costly expenses, including medical bills, car repairs, and lost wages.

While an auto accident can occur at any time, statistics show that the risk of a car crash increases significantly at night. Auto accidents at night leave many in Orange County, CA dealing with physical, emotional, and financial damages. Experienced attorney Sean M. Burke understands the losses associated with night time auto accidents, and he is prepared to help victims of these collisions collect just compensation for their damages.

Causes of Auto Accidents at Night

The time of day has consistently been shown to have an impact on the risk of an auto accident. According to statistics, most crashes happen after the sun has set. The specific times of day during which the risk of an auto accident is increased are 4 to 6am, 2 to 4pm, and midnight to 2am.

However, it is not just the time that increases the risk of an auto accident. Instead, it is a combination of the condition of the roads, drivers, and general environment at these times. The following factors are the most common causes of auto accidents at night:

  • Driving while tired: When asked, many drivers disclose that they have driven while tired, and the NHTSA (National Traffic Highway Safety Administration) reports that nearly 100,000 police-reported crashes each year are a result of driver fatigue.
  • Poor lighting, or decreased visibility: When the sun sets, it becomes much more difficult to see the road clearly. Poor lighting can interfere with depth perception, color clarity, and peripheral vision.
  • Increased traffic:  During the rush hour time frame (4 to 7pm during the workweek) the roads become much more congested. These busy conditions increase the risk of an accident, and can be further impacted by the setting sun.
  • Greater number of drivers under the influence: Based on accident and arrest reports, there are more drivers who are under the influence of drugs or alcohol during the nighttime hours, particularly between the hours of midnight and 3am.

Collecting Compensation for Damages

People who have been injured in an auto accident that has been caused by the reckless or negligent actions of another driver have a right to seek compensation for damages suffered. Attorney Sean Burke can gather the evidence that is necessary to prove liability in a car accident so that injury victims can be rewarded for their losses. Depending on the details of each case, victims may be due compensation for losses such as medical expenses, property damage, lost wages, and pain and suffering.

Contact Us

If you have recently been injured in a car accident, it is important to work with an experienced attorney, such as Sean M. Burke. Contact us at your earliest convenience to discuss the details of your case and find out how we can ensure that your legal rights are protected.


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Law Offices Of Sean M. Burke

Irvine, CA Office

9210 Irvine Center Dr
Irvine, CA 92618

Phone: (949) 287-4191
Fax: (949) 644-3433

Honors & Awards

Sean M. Burke awarded Trial Lawyer of the Year for Medical Malpractice by the Orange County Trial Lawyers for 2009 & 2005

Top 5 Personal Injury Lawyers in Orange County by AVVO and OC Metro Magazine.