What happens if you were hurt in an automobile accident? If you lost a loved one in a fatal collision? How will you pay for the cost of medical treatment and, in some situations, long-term care? Who is to blame for your sorrow and pain? A Los Angeles Car Accident Lawyer might be able to help you get the compensation you are entitled to.

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Find A Los Angeles Personal Injury Lawyer After a Car Accident in California

Los Angeles is undeniably a car-centric metropolis. According to data gathered by the Los Angeles Police Department, the city is known for excessive traffic and, sadly, high overall accident rates. In 2019, the city had roughly 54,000 motor vehicle crashes (LAPD). While this figure reflects a minor decrease in accidents from the previous year, the Los Angeles Police Department reports that there were 236 traffic-related deaths in 2019. The fact that there has been a 32 percent increase in motor vehicle collision mortality in Los Angeles over the last five years is particularly alarming.

If you've been hurt in a car accident, you've probably already sought medical help. If you have not found the time to see a doctor following an accident, now is the time to do so. Even if you believe you were not hurt or that your injuries are minor and will heal on their own, you must consult a doctor who can correctly diagnose your injuries and provide any necessary treatment.

Furthermore, if at all feasible, obtain any critical evidence at the scene of the accident, as this can substantially assist you with your claim. Take pictures of your vehicle, your injuries, and the overall accident scene if you can. Write down any witnesses' names, phone numbers, and other pertinent contact information, as well as a brief description of what they witnessed. It's also critical that you swap contact information with the other driver, especially insurance information, and that you report the accident to the local police.

Car Accidents and Their Causes

Car accidents can be caused by a variety of factors, all of which can result in serious injuries such as whiplash, traumatic brain injuries, spinal cord injuries, and more.

The following are some of the most common auto accidents:

Rear-End Collisions. You have been involved in a rear-impact (or rear-end) incident if you hit another person from behind or if you are hit from behind. Most of the time, this happens because someone couldn't or didn't brake in time. Rear-impact collisions account for over 30% of all auto accidents in the United States. When a rear-end collision occurs, the driver in the back is frequently held accountable since rules require that a driver maintain a safe distance from the car in front of him or her.

Collisions on the Side. You've been in a side-impact collision if you've been hit on the side of your car. When you "T-bone" another car, the front of your vehicle collides with the side of another, you can cause a side-impact accident. When changing lanes, you can potentially sideswipe a car by bumping against its side. Side-impact crashes account for over a quarter of all auto accidents in the United States. Identifying fault is frequently a problem in this situation; it might be difficult to figure out who was at fault. A qualified Los Angeles Car Crash Lawyer can assist you in obtaining photographic evidence of the incident or in retaining the services of an accident reconstruction expert to act as your witness and assist you in determining the other party's fault.

Head-On Collision. A head-on collision occurs when the front of your car collides with the front of another vehicle or when the front of your car collides with a stationary object. When a driver falls asleep or is not paying attention and moves directly into oncoming traffic, a head-on collision is common. Head-on collisions can also occur when a driver is impaired by drugs or alcohol, enters a highway or one-way street the wrong way, or loses control of their car and skids into an oncoming lane. These incidences account for 2% of all auto accidents in the United States. The driver who was driving in the wrong direction, or who was drunk, distracted, or fatigued, is typically to blame.

Rollovers. A rollover occurs when your car turns over or lands on its side in any way. Rollovers are more likely to occur in taller vehicles, such as SUVs and pickup trucks, than in smaller vehicles. Rollovers account for around 2% of all motor vehicle accidents in the United States. In a few rollover accidents, you may be able to hold the vehicle's manufacturer liable for a defective design.

Runoffs. Typically, just one automobile runs off the road in these collisions. This might happen when a driver isn't paying attention or swerves to avoid colliding with another car or an animal on the road. Runoffs account for 16% of all auto accidents in the United States. Unless another car unlawfully got in your way or there was an issue with the road itself, you have no one but yourself to blame if you run off the road.

Failure to Yield. In a variety of situations, state and local laws mandate drivers to yield to others on the road. These "right of way" laws are intended to avoid any ambiguity that could lead to a collision.

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Lane Changes That Aren't Safe. Lane changes should be made at the proper times and at the proper places. There's also a proper approach to make those adjustments when they're required. Lane changes should only be made when the lane to which you're switching is separated from your current lane by a broken white line. When changing lanes, drivers must always signal properly. They must also avoid abrupt lane changes that may not provide others enough time to react. This is especially true when driving at high speeds or in inclement weather.

Fatigued Drivers. Behind the wheel, fatigue and distraction frequently go hand in hand. The more tired a motorist is, the more prone he or she is to become distracted. Fatigue, on the other hand, poses its own set of safety risks. Even if you aren't falling asleep behind the wheel, weariness and drowsiness can delay reaction times dramatically. Fatigue can be caused by a lack of sleep, some drugs, working long hours, or drinking and driving. Drowsy driving is also frequently blamed for collisions involving huge trucks and other commercial vehicles, as drivers are frequently forced to spend long periods of time behind the wheel during rush hour traffic.

Poor Weather. Mother Nature is not on the motorist's side. Weather can wreak havoc on driving conditions, making it difficult to see the road and traverse slippery terrain. Weather is a common cause of auto accidents, whether it's rain, snow, wind, or natural calamities like hurricanes and earthquakes. Even after a storm has passed, street signs and traffic lights may be toppled, and roads and streets may be clogged with debris.

Distracted Driving-Related Car Accidents

There is no denying that our modern, networked society offers many advantages. To many busy families, the opportunity to make rapid touch with loved ones to schedule or adjust arrangements is unquestionably beneficial. There's no denying, though, that these distractions pose a major threat to unsuspecting drivers.

Of course, distracted driving is nothing new; low-tech distractions have existed since the first time a person got behind the wheel of a car; nevertheless, these new distractions are noisier, shinier, and much more demanding of attention, creating greater risks.

Distractions in a car include the following:

  • Typing on a cell phone (text, email, browse the web)
  • Talking on a cellphone
  • Using a portable music player
  • Changing the radio station or CD player
  • Personal hygiene is important (applying makeup, shaving, brushing hair or teeth)
  • Consumption of food and beverages
  • Trying to read (maps, GPS, books)
  • rubbernecking

Onboard electronics, Bluetooth, and entertainment systems have persuaded many individuals to feel that they are a safe alternative to telephone and music distractions. This simply isn't the case. In fact, according to AAA research, infotainment systems are a greater source of distraction than the devices they are supposed to replace.

You should always remember that causing an accident while distracted carries a significant liability risk. When it comes to assigning liability, a distracted motorist will have a difficult case to make. This is still very true even if the driver is unaware that they are being distracted, which became more common as infotainment systems have mostly replaced standard electronics in most new vehicles.

Our prescreened LA Car Accident Lawyers know how to sift through the facts to see if driver attention was a factor in your collision, even if the other driver was unaware of the distraction. If such was the case, you could count on us to make a strong argument for you.

Drunk Driving Victims in Car Accidents

When we choose to get behind a wheel, we all have certain responsibilities. These responsibilities are straightforward: use caution and operate your car safely and within the boundaries of the law.

One of the most egregious and inexcusable infractions of these commitments is driving while inebriated. When someone drives a car while inebriated, they endanger everyone around them.

Drivers who have a BAC level of more than.08 are not allowed to operate their vehicles in California. There is a zero-tolerance policy for any measurable alcohol in the bloodstream for drivers under the age of 18.

The state understands the need to enforce strict penalties for drunk driving. Alcohol intake significantly slows down a driver's reaction times and impairs their judgment. In summary, drunk driving endangers the lives of innocent people.

  • Getting behind the wheel of a car while inebriated is a kind of negligence. If it can be established that a driver was inebriated at the time of the accident, the driver faces a significant legal burden. In a personal injury case, it is difficult for an intoxicated driver to present a fair defense.
  • As part of an investigation, your LA-based Car Accident Lawyer will fully investigate all witness testimonies and police reports to see if alcohol played a role in the accident. Our prescreened Los Angeles Personal Injury Attorneys will use their extensive experience and knowledge of the legal system to your benefit, and they will be tenacious in their representation of you.
  • While drunk driving is a felony, it is crucial to note that your right to seek compensation through a personal injury lawsuit is not contingent on a conviction. Even if an inebriated driver enters a plea or is found not guilty, civil procedures are distinct from criminal proceedings, and you may be entitled to compensation.

Defective Tires or Defective Roads

Accidents caused by poorly constructed or maintained roads and highways have disastrous results. A driver who is traveling at top speed and hits a gaping pothole, fails to make a tight turn, or collides with an ill-placed road divider has a slim chance of surviving. Even if the driver is to blame for the accident, the government entity is likely to be held accountable for the dangerous road. Time is of the essence in government claim cases. Unlike in a traditional personal injury case, when the statute of limitations is usually two years from the date of loss, you may only have six (6) months to bring your claim.

Determining Liability

Understanding the notion of culpability and the legal theory of carelessness is critical if you are involved in an automobile accident; both of these factors will have a significant impact on your ability to claim compensation following a collision.

California operates under tort liability, which means it is an at-fault automobile insurance state. This indicates that the person who causes the accident is liable–or legally responsible–for the damages that occur as a result of the accident. Negligence, or the failure to act a legal duty of care, is the basis for liability. Actions that may be considered negligent range from those that are unlawful (such as driving while inebriated) to those that are simply dangerous (like having an unsecured pet in the car and attending to it while driving).

It's also worth noting that California follows the comparative negligence rule, which states that while a claimant can obtain compensation from a negligent accused, their recovery amount will be reduced in proportion to their own level of responsibility.

Pure Comparative Negligence in California

Because California's Personal Injury cases operate under a pure comparative negligence rule, you may be able to recover compensation even if you were mostly to blame for an accident. You can bring an automobile accident claim as long as you can show that another person or party had some degree of blame. Your entire recovery, however, will be lowered by the degree of fault you are found to have.

What Kinds of Compensation Am I Entitled To After A Car Accident?

If you've been injured in a car accident caused by someone else's carelessness or negligence, you should hire a California Car Crash Lawyer. Only communication can help, and a lawyer will be able to get you the most money for your losses.

A seemingly simple accident might suddenly turn into a costly event. Car accident injuries can take months, if not years, to fully heal, resulting in lost wages and other expenses.

You may be entitled to compensation if you were wounded in a crash caused by someone else:

  • Specific damages

    • Medical bills from the past and future, lost pay, lost earning potential, required housing or vehicle adaptations, repair/replacement services like childcare or home and vehicle maintenance, and so on.
      • Health-care costs. If you sustained injuries from being in a car crash, you are entitled to compensation for all of your costs, both current and future.
      • Wages that have been lost. Injuries are frequently crippling, preventing a person from working and earning a living for a period of time or permanently. If that is so, you may be entitled to compensation for the whole amount of wages you've lost because of the incident; as well as future lost wages.
      • Damage to the property. You could seek reimbursement for the cost of repairs if your vehicle was damaged in the collision.

  • General damages

    • The physical difficulty, loss of consortium, mental anguish, and so on.
      • Pain and suffering. Non-economic losses, such as the cost of your pain and suffering, mental anguish, loss of quality of life, and so on, may be included in your automobile accident settlement. Our LA Personal Injury Attorneys can explain how these damages are calculated and how much your claim may be worth.

And what is the most crucial factor in proving your vehicle accident claim? Identifying and proving the responsible party or parties. It's critical to deal with a California-based Car Accident Lawyer at this point, as proving both liability and the entire extent of the damages can be tough.

Many parties, depending on the circumstances of your personal injury lawsuit, may be held accountable for the losses you have experienced, including:

  • Other motives
  • Vehicle proprietors
  • Employers of drivers (if a driver was on the clock)
  • Manufacturers, transportation businesses, merchants, and marketers

Determining what happens if you were partially at fault for your accident is one of the more difficult aspects of a vehicle accident claim. California uses a mechanism called Pure Comparative Fault to cope with this situation. This approach, also known as Pure Comparative Negligence, limits the amount of compensation paid to auto accident victims based on their level of fault in the accident.

For example, if you are found to be 20% at fault for an accident, the total compensation you are entitled to will be lowered by 20%. To learn more about Pure Comparative Fault, contact a Los Angeles Car Accident Lawyer.

It may also affect your case if the at-fault driver does not have auto insurance. Unfortunately, many drivers in California are either uninsured or have inadequate coverage. According to some insurance industry estimates, the percentage of uninsured drivers in California is more than 15%.

Because of how common cases of uninsured drivers are on the road, it's a good idea to have uninsured motorist coverage. If you were in an accident with an uninsured or underinsured driver, instead of filing a claim with a third party, you could recover damages directly from your insurance. You might not be eligible to recover any damages caused by your collision if you do not have underinsured or uninsured motorist coverage.

Statute of Limitations for Car Crash Accidents

The deadline for filing a personal injury claim is usually two years from the date of the accident. Nonetheless, a variety of complicated conditions might shorten or lengthen the time a victim has to make a claim after an accident.

You should hire the services of an LA-based Car Accident Lawyer you can find to protect your claim and guarantee that you obtain the maximum compensation you are entitled to. Consider one of our prescreened California Attorneys in your Cal Bar Attorney Search.

What Should You Do When It Happens?

When an automobile accident occurs, the people involved are always caught off guard. It is, nonetheless, critical to be prepared. Accident victims should take certain actions to preserve their physical health and legal rights.

If you've been in an automobile accident, we urge that you do the following:

Don't panic. If at all possible, get all cars and any destroyed property off the road.

Seek medical assistance. Your health must be your top priority. That's why, even if you feel well, you should get yourself examined following an accident. Allow emergency staff to evaluate you, and even if you are cleared, make an appointment with your doctor as soon as possible. Some injuries take weeks or even months to exhibit symptoms, but they can cause irreversible harm during that period. It is critical to receive therapy as soon as possible in order to maintain one's quality of life.

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Call the cops. For your records, request that the police write a full accident report. If required, you should also seek an ambulance.

With the other drivers, exchange contact and insurance information. When communicating with the other party's insurance company or at the scene, don't concede culpability.

Begin gathering information. Take images of the damage and the accident area as a whole with your smartphone. Obtain the contact information of any witnesses, as well as any debris that may have broken off from your car as a result of the collision.

Nothing from the insurance company should be signed. Remember that insurance firms are always looking out for themselves, not you, while dealing with them. They seek to settle your claim as quickly as feasible and for the least amount of money possible. They may offer you a settlement, which may or may not be fair. But don't sign or accept anything until you've had a chance to consult with one of our Car Accident Lawyers based in California.

Speak with one of our knowledgeable Los Angeles Car Accident LawyersMany accident victims avoid speaking with an LA Personal Injury Attorney because they believe they don't have a case. This is a major blunder. A skilled Car Crash Lawyer in California can make the difference between winning and losing your case.

How Can Our Los Angeles Car Accident Attorneys Assist You?

If you've been in a car crash, you might not think you need an LA-based Personal Injury Attorney. While lawyers are not always essential, working with one can help you get a better result in your case. This is especially vital if there is a dispute about who has the responsibility, your claim has been refused, or you have sustained catastrophic injuries. Our Los Angeles Car Accident Lawyers can assist you by:

Investigating your case. Our Los Angeles-based Personal Injury Attorneys can conduct a thorough investigation of your case, in addition to consulting with witnesses, obtaining evidence, and examining police reports.

Determine and demonstrate responsibility. You must prove the other party's liability in order to receive 100% of the damages you deserve. Your Lawyer can take care of this portion of the claim so you can focus on getting better.

Organize your claim. A LA Car Accident Lawyer handles all aspects of your claim, including discussions with an insurance adjuster, document organization, and assuring that your claim is filed on time.

Reach a deal. You should never accept the first settlement offer because they are usually less than what a claimant is entitled to. Lawyers will negotiate your settlement in order to maximize your prospects of receiving the maximum possible compensation amount.

Make your case in court. Finally, if out-of-court discussions fail, your Car Crash Lawyer in Los Angeles can file a lawsuit on your behalf in court. They'll walk you through this choice if you need it.

What is a California Wrongful Death Lawsuit?

When a victim dies as a result of another party's carelessness, recklessness, or other improper actions, a wrongful death lawsuit can be filed in civil court in California (whether it be a business or another individual). This claim is unrelated to any criminal proceedings brought against the culpable individual and is only concerned with obtaining financial compensation for the bereaved.

A wrongful death claim can only be filed by the victim's survivors. Those who are closest to the decedent, such as surviving partners and dependent children, have the highest right in a wrongful death case under California Code of Civil Procedure 377.60, followed by:

  1. Survivors of the victim's parents or siblings, as well as their children
  2. Grandparents
  3. And anyone else who might have been financially dependent on the decedent, such as a presumed spouse and/or their children.

Only the victim's heirs have the right to file a wrongful death suit, and they can do so jointly or independently.

When It Unfortunately Leads to Wrongful Death

There are many distinct types of wrongful death that might lead to a wrongful death lawsuit, but they all entail a negligent and usually avoidable error. Wrongful deaths can happen everywhere, including on the road, at work, and even at a doctor's office. The following are the most common causes of wrongful death:

Accidents in Motor Vehicles. The single leading cause of wrongful death is traffic accidents, which include vehicle, truck, motorcycle, bicycle, and pedestrian incidents. Speeding, risky or reckless driving, distracted driving, and DUI are some of the most common causes of car accidents.

Accidents at Work. The workplace is another common location where a deadly accident can occur, whether it's due to a slip and fall accident or the use of defective items or equipment.

Malpractice in Medicine. Medical misconduct is another prominent cause of wrongful death. It can occur when a doctor fails to properly diagnose a condition like cancer, or when a medical worker commits medical misconduct by delivering the wrong prescription or dose.

Wrongful Death Damages

When the victim dies as a result of another party's carelessness, the decedent's survivors incur both economic and non-economic losses. The permanent loss and grief that comes with the death of a loved one can be crippling. A Wrongful Death Attorney in California can help you recover damages such as the loss of love, companionship, comfort, affection, and direction that your loved one offered.

Loss of the Victim's Future Earnings. If you can prove that you were financially dependent on the victim, you may be entitled to claim damages based on the deceased's future wages.

Benefits that have been lost. You might be entitled to compensation if the victim was due to receive medical benefits, a pension, or other future benefits.

Hospital expenses and funeral costs. Dealing with a wrongful death can result in a slew of fixed costs, such as medical bills incurred before death and burial costs. You shouldn't be liable for the high expenditures associated with a loved one's accident. Allow an experienced wrongful death lawyer in California to fight for you.

Who Can Sue for Wrongful Death?

In California, there are tight rules about who can and cannot pursue a wrongful death lawsuit. Those who are most entitled to the litigation claim are as follows:

Spouse. If your spouse or domestic partner died as a result of wrongful death, you have the legitimate right to bring a wrongful death lawsuit and recover damages. You may be entitled to a variety of monetary and non-monetary damages as the surviving spouse.

Children. There are a few new entries to this area as well. You may be able to launch a wrongful death claim if you are the victim's stepchild and can demonstrate financial dependency. Minors who have been living with the victim for at least 180 days before death can also claim independence if they can demonstrate financial independence.

Parents. You might be eligible to pursue a wrongful death suit if you are the deceased's parent. This only applies if your child was a minor or an adult with no offspring at the time of death.

Other Heirs. If no spouse, child, or parent can be discovered to be designated the victim's survivors, another living family member may be deemed to be the "heir." In the event that the victim died without a valid will, heirs are persons who can be discovered to legally and rationally inherit the deceased person's possessions.

Statute of Limitations

While state laws vary, California law stipulates that survivors of the victim have exactly two years from the date of the tragedy to file a wrongful death lawsuit in court.

That is why it is critical for the decedent's survivors to contact a reputed law firm as soon as possible after the tragedy and file a wrongful death lawsuit.

Find A Los Angeles Car Accident Lawyer Near Me

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