California Car Accident Insurance Claims

Updated: Jul 28

Read Before Filing A California Car Accident Injury Claims

In the United States and California, car crashes are the leading cause of injuries. According to data from the National Highway Traffic Safety Administration, our state's highways are among the deadliest in the country. A car accident can result in a variety of losses, including medical costs and missed income, as well as damage to your vehicle or personal property. You need the assistance of a car accident lawyer in Los Angeles whether you or a loved one has been injured in a traffic accident.

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On California highways, people are injured and killed all too often. According to the California Active Transportation Safety Information Pages (CATSIP), there were 3,898 deaths and 27,823 injuries out of almost half a million police-reported traffic accidents in 2017. Regardless of how much equipment is installed in cars to alert drivers of potential collisions and track blind spots, deaths, accidents, and property damage continues to occur when drivers are not paying attention.

Common Types of Car Accident in California

Car accidents can happen in a variety of circumstances. Some car accidents involve only one driver, while others involve hundreds of people, including pedestrians. The following are some of the most common forms of automobile accidents:

  • Collisions from the side

  • Failure to yield the right of way to another vehicle is the most common trigger. These collisions occur when one driver fails to follow traffic signals at an intersection. At higher speeds, the seriousness of the accident and the resulting injuries can be increased. Side airbags are used in some vehicles to help prevent accidents from side-impact collisions. In this case, numerous crashes and abrupt speed changes are more likely to occur before the vehicle comes to a halt. The individual who was hit on the side of the car is more likely to suffer serious injury.

  • Collisions with the back of the vehicle

  • If one car collides with the back end of another, this is known as a rear-end collision. Rear-end collisions happen when the first car accelerates suddenly enough that the vehicle behind it does not have enough time to apply the brakes and stop. Whiplash and herniation of the spine are common injuries in these types of collisions, with the rearmost passengers suffering the most serious injuries. With few exceptions, the driver of the vehicle that rear-ends another car is deemed at fault. Accidents involving a truck rear-ending a vehicle can be devastating.

  • Rollovers are when something unexpected happens.

  • When a vehicle tips over onto its side or roof, this is a form of a car accident. The fatality rate in these accidents is significantly higher than in any other form of a car accident. Tripped and untripped rollover accidents are the two types of rollover accidents.

  • The forces exerted by another entity, such as a curb or a collision with another car, trigger a tripped rollover. If a car is sliding sideways and collides with a curb, this is known as a tripped rollover crash.

  • Speed, dangerous driving conditions, and the car losing contact with the ground during cornering all contribute to untripped rollovers. When drivers make sharp turns that tip their vehicle over, tall SUVs and trucks are vulnerable to rollovers. Vehicles are supposed to be engineered so that they do not fail structurally during a rollover, but these incidents can still result in serious injuries.

  • Collisions that occur head-on

  • When the front ends of two cars collide as they drive in opposite directions, this is known as a head-on collision. When the velocity of the moving vehicles is added together, intense forces are applied during the crash, making this the deadliest type of collision. These collisions result in severe bodily injury and, in some cases, death.

  • If a driver is found to be at fault for causing a fatal car accident, the surviving family members will file a wrongful death lawsuit against them. If you have been involved in either of these types of incidents, you can speak with a Los Angeles Car Accident Attorney about your case.

  • Speeding-Related Accidents

  • The more energy and time it takes to bring a vehicle to a full stop, the quicker it is going. When driving at high speeds, a driver's chances of losing control of their vehicle increase. Excessive speed limits a driver's response time and ability to respond to sudden changes in traffic or emergencies, which can quickly result in catastrophic injuries. Punitive damages could be available for accidents incurred by a speeding driver due to the reckless nature of speeding.

  • Distracted Driving Causes Accidents

  • According to the Centers for Disease Control and Prevention (CDC), 9 people are killed every day in the United States as a result of distracted drivers. Contrary to popular belief, you cannot drive safely unless you are fully focused on the mission at hand. Texting is the most popular and dangerous form of distracted driving.

  • Drunk-Driving-Related Accidents

  • Operating a vehicle when under the influence of alcohol is a dangerous and illegal offense. Driving under the influence of alcohol, like speeding, is especially destructive and risky. Punitive damages are sometimes imposed after a DUI conviction. Punitive damages are awarded in addition to the standard damages a victim is entitled to for medical costs and property loss. They are meant to hold a defendant accountable for their irresponsible conduct.

  • Aggressive Driving Causes Accidents in California

  • Aggressive driving, also known as road rage, has been applied to the list of actions that the state's risky behavior laws now cover. A careless act is one that does not have the motive to injure others but goes beyond mere negligence.

  • Inexperienced drivers are the cause of many accidents.

  • Inexperienced drivers are more likely to cause fatal accidents. Consider the fact that people aged 15 to 19 make up just 7% of the US population but account for 11% of all motor vehicle accidents. Teen-related traffic accidents account for $13.6 billion (8.4%) of the total cost of all motor vehicle incidents in the United States.

  • Drug-impaired drivers are to blame for a number of accidents.

  • While alcohol is the most common intoxicant involved in drug-impaired California car accidents, marijuana is the second most commonly detected drug in drug-impaired driver blood tests. Given how widespread marijuana use has become in California, it's critical to comprehend its consequences. Marijuana can cause reaction times to slow down, alter one's understanding of time and space, and impair muscle coordination.

  • Drowsy Driving Causes Accidents

  • Drowsy driving is a dangerous combination of driving when tired or asleep. A driver who sleeps for just five or six hours is twice as likely to be involved in a serious car accident as anyone who sleeps for seven hours or more. The less sleep a person gets, the more likely they are to crash. A driver who sleeps for just four or five hours has the same chance of colliding with another vehicle as a drunk driver.

Collisions involving multiple vehicles

Multi-car collisions also result in several Car Accident Lawsuits in California, which can become contentious and time-consuming. In these types of crashes, there is no real structured procedure for assigning liability. One driver may be held entirely liable in some cases, but multiple drivers may also share the blame. An experienced Los Angeles Car Accident Lawyer will assist you in determining responsibility in multi-car accidents.

Common Injuries Caused by Car Accidents in California

Although car accident injury is serious, the following are some of the most common: Skull fractures slipped, ruptured, or herniated disks, and other head and neck injuries may result in chronic pain, muscle spasms, and other debilitating conditions.

  • Whiplash is a soft tissue injury caused by an automobile accident that can result in severe pain and a restricted range of motion.

  • Even if the head does not touch or get hit by an impact, traumatic brain injury (or TBI) will occur. TBI can result in long-term disability due to serious injury.

  • Depending on the position and severity of the damage to the spinal cord, it may result in complete or partial paralysis. A spinal cord injury may result in permanent disability as well as other health problems.

  • Broken glass, sharp metal, and road debris can cause cuts and lacerations.

  • Crushing injuries can result in amputation. Accidents involving cars or trucks are the leading cause of traumatic limb injury, which may lead to infection.

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  • A ruptured liver, spleen, kidney damage, a punctured or collapsed lung, or injury to other internal organs can result from the trauma of a car accident.

  • Burns may be caused by fiery fires during a car accident, steam exposure, or the deployment of an airbag.

  • Crush injuries, fractured ribs, limbs, pelvis, knee, foot, ankle, spine, or skull are all possible bone fractures in a car accident due to the immense forces involved.

Your financial claim is based on the extent and seriousness of your injuries, as well as the type of medical care you'll need. If any of your injuries are severe or may require long-term medical treatment, a Personal Injury Attorney in Los Angeles will be able to raise the amount of compensation on your behalf.

Identifying Fault

When a car accident happens, responding law enforcement officers will interview all drivers and make a provisional determination of fault. It's critical to realize that determining who is to blame after a collision is critical. This will decide who will be responsible for payments. It's possible that you'll be held accountable for an accident that you didn't cause. If this occurs, a California Attorney For Personal Injury will represent you in court. You won't have to pay anything if you win the case.

Identifying Negligence in a Car Accident

When anyone is found to be at fault in a car accident, they are held accountable. However, you'll need to prove negligence in order to win the case. There are four main components to this:

  • The driver owed you a duty of care.

  • In the event of a car accident, all drivers immediately assume a duty of care to obey the rules of the road for the sake of the safety of others. Pedestrians, bicyclists, motorcyclists, and other cars are also included.

  • By behaving negligently or recklessly, the driver violated this duty of care.

  • Violations of traffic rules, signage, poor vehicle maintenance, and distracted driving are also examples of neglect.

  • Your accident was caused by a negligent act.

  • Your injuries were caused by the crash. You would not be entitled to recover compensation for any injuries you had prior to the accident if you filed a Car Accident Lawsuit in California.

Although defining the duty of care can be easy, demonstrating the other essential elements of fault can be difficult.

Is Compensation Available to Me?

If you or someone you love has been hurt in a traffic accident in Sacramento caused by another driver's negligence, you will almost certainly be entitled to compensation. Any driver who causes a traffic accident in California is liable for compensating all parties for their losses in the aftermath of the accident. A car accident attorney in Los Angeles will understand that determining whether or not an individual is eligible for compensation can be difficult, particularly when more than one party is found to be at fault.

The good news is that California's legal system is based on "pure comparative negligence." This assumes that even if a driver is partly to blame for a collision, they will still be compensated (even if they are up to 99 percent at fault). However, a person's overall payout will be limited in proportion to their percentage of the blame.

We bring up comparative fault to make you aware that you should file a claim even though you believe you were at fault for the accident. The reality is that a Los Angeles Personal Injury Attorney is required to review the facts of your case in order to assess liability and the amount of compensation you might be entitled to. This is not a choice you should make on your own because you could be throwing money away if you do.

What Do I Do If I'm in a Car Crash?

When a car accident happens, it still catches us off guard. However, in the event that you are involved in an accident, it is important to be prepared. Accident victims should take specific measures to protect their physical health as well as their civil rights, including:

  • Don't panic; if at all necessary, move all vehicles off the lane.

  • Examine the people involved in the crash for injuries and, if necessary, call for emergency medical assistance. And drivers who do not believe they have been seriously injured should seek medical attention as soon as possible.

  • You should contact the police and, if possible, an ambulance. For your records, request that the police make a comprehensive accident report.

  • Don't accept responsibility at the scene or while dealing with the other party's insurance company; instead, exchange contact and insurance details with the other driver(s).

  • Begin gathering evidence by taking pictures of the damage and the accident scene as a whole with your phone. Gather any witnesses' contact details, as well as any debris that might have broken off from your car during the crash.

Make a Winning Accident Insurance Claim