Los Angeles Car Accident Attorney Referral Service
If I have an auto accident, do I have to stop?
Yes. California law says you must stop—whether the accident involves a pedestrian, a moving car, a parked car or someone’s property. If you drive away, you can be charged with hit and run even if the accident was not your fault.
You must also exchange information with the other driver—your name and driver’s license number, the vehicle identification number of the car you are driving, the name and address of the car’s owner, the name and address of your insurance company and your insurance policy number (or other evidence of financial responsibility, such as a bond posted with the Department of Motor Vehicles).
Hit-and-run penalties are severe. Depending on the damage or injuries, you may be fined, sent to jail or both. You also could lose your driver’s license.
If you hit a parked car or other property, try to find the owner or driver. If you cannot, the law says you may drive away only after you leave behind, in a conspicuous place, your name, address and an explanation of the accident, and the name and address of your car’s owner (if other than yourself).
You also must notify the local police or California Highway Patrol (CHP) either by telephone or in person as soon as possible.
You must call the police or the CHP if the accident caused a death or injury. An officer who comes to the scene of the accident will conduct an investigation. If an officer doesn’t show up, you must make a written report on a form available at the police department or CHP office as soon as possible.
What should I do if someone is injured?
The law requires you to give reasonable assistance to anyone who is injured. For example, you may need to call an ambulance, take the injured person to a doctor or hospital, or give first aid—if you know how.
If you are not trained in the appropriate first aid procedures, do not move someone who is badly hurt; you might make the injury worse. However, you should move someone who is in danger of being hurt worse or killed (for example, in a car fire) even if you do make the injury worse.
To help prevent additional collisions, try to warn other motorists that an accident has occurred. Placing flares on the road (only if there are no flammable fluids or items nearby), turning on your car’s hazard lights and lifting the engine hood are usually good ways to warn others on the road. Arrange to get help for anyone who is injured, and try not to panic.
How can I get help?
As soon as you can get to a telephone, call 911. Explain the situation and give the exact location of the accident, so that help can arrive quickly. Be sure to mention whether you need an ambulance or a fire engine.
Remain on the telephone until the operator tells you it is okay to hang up. Or, flag down a passing car and ask the driver to go for help. The driver may have a cellular phone in the car and can make an emergency call on the spot.
What information should I gather at the accident scene?
Since many records now are confidential under the law, you may not be able to obtain the information that you want from the Department of Motor Vehicles (DMV). So be sure to get as much correct and complete information as you can at the scene of the accident.
You and the other driver should show each other your driver’s licenses and vehicle registrations. Then you should write down:
- The other driver’s name, address, date of birth, telephone number, driver’s license number and expiration date, and insurance company.
- The other car’s make, year, model, license plate number and expiration date, and vehicle identification number.
- The names, addresses, telephone numbers and insurance companies of the other car’s legal and registered owners—if the driver does not own the car.
- The names, addresses, dates of birth, driver’s license numbers and telephone numbers of any passengers in the other car.
- The names, addresses and telephone numbers of any witnesses to the accident. Ask them to stay to talk to the CHP or police. If they insist on leaving, ask them to tell you what they saw and write everything down.
- Try to identify people at the accident scene, even if they will not give their names. For example, if someone who saw the accident drives off, take down his or her license plate number. Law enforcement officials can trace the owner’s name and address.
- The name and badge number of the law officer who comes to the accident scene. Ask the officer where and when you can get a copy of any accident report.
- A simple diagram of the accident. Draw the positions of both cars before, during and after the accident.
If there are skid marks on the road, pace them off. Draw them on the diagram, noting the distance they cover. Mark the positions of any crosswalks, stop signs, traffic lights or streetlights. If you have a camera with you, take pictures of the scene, and of the other drivers and occupants.
However, do not place yourself in a position of danger in order to complete an accident diagram. Be aware of traffic conditions and skip any measurements that could place you in a position of harm.
Make notes, too, on weather and road conditions.
If the accident happened after dark, note whether the streetlights were on. Estimate your speed and that of the other vehicle. Be sure to record the exact time, date and place the accident happened.
If I think the accident was my fault, should I say so?
Do not volunteer any information about who was to blame for the accident. You may think you are in the wrong and then learn that the other driver is as much or more to blame than you are. You should first talk to your insurance agent, your lawyer or both. Anything you say to the police or the other driver can be used against you later.
Do not agree to pay for damages or sign any paper except a traffic ticket (see #6) until you check with your insurance company or lawyer.
However, be sure to cooperate with the police officer investigating the case. But, stick to the facts.
For instance, if you were driving 30 miles an hour, say so. Do not say, “I wasn’t speeding.”
Car Accidents - Who is at Fault?
Fault is one of the biggest, if not THE most critical element, in any car accident claim. The person at fault is the person whose negligence caused the accident, and that is the person who typically must pay for the damage caused by his or her negligence. If the circumstances surrounding your accident make it clear that one person was clearly at fault, then read no further! One of the related articles listed below should be your next stop. If, however, liability is not entirely clear or if there is shared fault, then fault is apportioned between the persons determined by the specifics of the law in your state (see below) on comparative or contributory negligence. When liability is shared in an auto accident, it is the insurer’s turn to determine the relative percentages of fault of the parties involved.
What is Comparative or Contributory Negligence?
Historically, if two people were involved in an accident and the injured party was even the slightest bit at fault, he or she would not be entitled to recover anything for his/her injuries or losses. This way of determining damages is known in legal circles as pure contributory negligence. For example, say Luther and Martin were involved in an accident. Luther hit Martin’s car while making a left turn onto a 2-lane street at night. Luther didn’t see Martin’s car because even though it was night time (and a dark one at that), Martin was not driving with his headlights on. Under a pure contributory negligence theory, Martin could not recover damages for his injuries because he was partially at fault for the accident. Sound pretty harsh? Actually, some states still follow this rule (Alabama, District of Columbia, Maryland, North Carolina and Virginia).
But most states now use some proportional form of comparative negligence that allows an injured party to recover some damages for his or her injuries, even if he or she was partially at fault. There are currently three variations: Pure comparative fault; proportional comparative fault at 51%; proportional comparative fault at 50%.
Pure Comparative Fault
In states that have adopted pure comparative fault as a measure of damages, if an injured person is partially at fault for causing his own injuries, his damages are reduced by the percentage of his fault. For example, say Michelle was injured in a car accident for which she was 80% at fault. Damages for her injury amount to $10,000. Michelle will be entitled to recover $2,000 for her injuries, that is, $10,000 less 80% or $8,000 for her percentage of fault. States: Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota and Washington.
Proportional Comparative Fault at 51%
The states that have adopted proportional comparative fault bar recovery if you are more than 51% at fault for the accident. In other words, you cannot file a liability claim and lawsuit against the other driver’s negligence if you were more than 51% at fault. For example, Dennis hit Teri’s car while driving in excess of 25 miles per hour over the speed limit while Teri was attempting to cross the road. Even though Teri was partially at fault for not waiting until the road was completely clear before crossing, the insurance company allocated fault to Dennis at 60% due to his excessive speed. Even though Dennis suffered a broken arm from the accident, he is not entitled to recover for his injury due to the fact that he was more than 51% at fault for the accident.
Proportional Comparative Fault at 50%
In states that have adopted the 50% bar standard in resolving auto accident claims, an injured person that is less than 50% at fault for the accident is entitled to compensation. If the injured party is 50% or more at fault, he or she is not entitled to recovery for the injury. For example, Richard and Susan accidentally hit each others’ cars while backing out of their parking spaces at exactly the same time. Both were not looking carefully enough when they backed up, and so both were deemed equally at fault for the accident. Neither one will be entitled to damages since both were 50% at fault for the accident.
How is Percentage of Fault Determined?
After an accident, it is the job of the insurance company claims adjuster to assign the relative degrees of fault based on the circumstances surrounding the accident. There is no secret mathematical formula for determining percentages of fault in accident injuries. You and the claims adjuster will negotiate and come to some agreement as to what, if any, your allocated fault is. Here is where an experienced personal injury attorney can come in handy. He or she will know how to assess the accident and advocate for the lowest percentage of fault on your behalf. If you and the insurance adjuster reach an impasse, a court of law is ultimately your next step to resolve the issue of fault.
Fault and Car Insurance
Insurance companies often offer extra coverage/protection (for extra money) to help pay for property damage and/or personal injury and medical expenses regardless of fault. So if you are injured in an accident that was mostly your fault and you are not entitled by law to compensation from the other person’s insurance, but you have extra coverage under your own policy, your insurance company will pay for your injuries. This extra coverage is called PIP (personal injury protection) or No Fault coverage. Under this scenario, you would file a liability claim with your own insurance carrier for medical bills and lost income, up to a specified maximum, without any discussion or disagreement about the circumstances of the accident and who was at fault. Whether you can file for further expenses against the other person who was at fault in the accident depends on your state’s laws. In many states, Uninsured/Underinsured coverage is required. This provides coverage for damages resulting from an accident with someone who either has no insurance or does not have enough insurance to cover your expenses. It also protects you if the other person flees the scene after the accident or is a driver of a stolen car.
Beyond the damages suffered, the degree of fault is probably the most important factor in determining how much you may finally recover for your accident injury. In most cases, both you and the insurance company will know (by the circumstances surrounding the accident) the level of fault for both parties. Was the other party completely at fault? Mostly at fault? Or only a little at fault? If you are in a comparative fault state, an adjuster will reduce your recovery amount by your percentage of comparative fault. If you were only 10% at fault, your damages total will be reduced by 10%. Your recovery will not be reduced by any amount if the accident was clearly someone else’s fault.
Find a Screened Los Angeles Auto Accident Attorney 661-310-7999
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Other types of Accidents:
Amusement Park/Playground Accidents - Amusement park and playground accidents can, and often do, result in serious and sometimes fatal injuries. You will find helpful information in this section about these types of injury claims.
ATV/Motorcycle Accidents - Increases in both ATV and Motorcycle accidents place all riders at risk for injuries. This section provides information about liability, damages and safety.
Auto Accidents - Car accidents are a fact of life, which is why it's important to know your rights and potential liability. Our comprehensive Auto Accident Center provides valuable information about claims, fault, insurance, damages, lawsuits, attorneys and more.
Bike Accidents - Bicycle accidents raise complex issues of liability and damages. Find valuable information here about bicycle accidents, both specific and general.
Bus/Train Accidents - Bus and Train accidents, while not common, can result in serious injuries to passengers and employees. This section provides useful information about the laws and safety rules surrounding these accidents.
Construction Accidents - When a construction accident occurs, liability can be a complex issue and damages can be very high depending on the nature of the accident. Our Construction Accident FAQs and Articles will help you wade through these issues with ease.
Pedestrian Accidents - Pedestrians are often vulnerable to the hustle and bustle of rushing motorists. Check here for information about pedestrian rights and issues of liability in Pedestrian accidents.
Slip and Fall Accidents - Slip and Fall accidents are some of the most common accidents that occur on a daily basis. Our Slip and Fall accident FAQs and Articles provide you with easy to understand information about liability and damages.
Swimming Pool Accidents - Children are particularly vulnerable to swimming pool accidents and injuries in or around a swimming pool make drowning a serious risk. Let our FAQs and Articles help you understand more about the issues of fault and damages when it comes to Swimming Pool Accidents.
Truck/SUV Accidents - Trucks and SUVs are significantly larger than other vehicles on the road, making accidents that involve them more dangerous. From fault to safety, find useful information here about Truck and SUV accidents.
Wrongful Death - The death of a loved one as a result of an accident is a traumatic and heartbreaking event. Sometimes it makes sense to pursue those responsible as a means to account for the damages caused by the loss and as a way to find closure. You will find these FAQs and Articles both compassionate and highly informative when it comes to the issues of fault and damages.
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