Updated: Dec 6, 2022
Get To Know The Reason Why To Hire A Top Rated Car Accident Lawyer In Los Angeles
Although claiming fault in a Los Angeles car accident can seem to be a simple task, the fact is that the insurance provider would need a substantial amount of supporting evidence before paying you for your damages. It's important to note that an insurance provider isn't looking out for your best interests and will scrutinize your claim to reduce their financial risk.
A Los Angeles Car Crash Lawyers will conduct a comprehensive investigation into the cause of your accident and assist you in putting together a solid case that will increase your chances of success.
After years of steady declines in traffic fatalities and auto injuries, the state of California saw a troubling reversal in 2014, with a spike in traffic fatalities. The increase seems minor (from 3,000 in 2013 to 3,074 in 2014), but it was surprising considering the focus on safe driving and the state's crackdown on distracted driving. Bakersfield was not spared, with 35 traffic deaths in 2014, the highest number since 2006.
For many reasons, the overall incidence of distracted driving incidents is particularly intriguing. For starters, younger drivers are involved in significantly more traffic accidents than older drivers. Young adults are often more likely to text while driving and to be distracted by their cell phones. This high-risk driving behavior is almost certainly a factor.
Accidents Caused by Distracted Driving
As previously mentioned, anti-texting and anti-driving campaigns have flooded the airwaves in recent years, and rightly so. Some kind of driver distraction causes almost 80% of car accidents in California. While texting is the most well-known form of distracted driving, there are a variety of other activities that drivers engage in behind the wheel that divert their attention away from the road, including:
Making a phone call
Eating
Grooming (for example: applying makeup, brushing hair, etc.)
Reading
Reaching for something
Talking to passengers
Playing with the radio
Distracted driving is described as taking your hands off the wheel, your mind off the road or your eyes off the road. Since it does all three, texting and driving is a really poor combination. Drivers who text while driving take their eyes off the road for an average of five seconds, which is particularly dangerous on the highway. According to statistics, texting and driving are twice as risky as drinking and driving.
To curb this, California has enacted several regulations in recent years to discourage distracted driving. California is one of the 14 states that prohibits using mobile phones while driving at all times, in addition to the headphones rule. Although the legislation had an initial positive effect, California has seen a steady increase in deaths due to distracted driving.
Example Accidents Involving Drunk Driving in California
Even though drinking and driving are no longer as prevalent as it was 10-20 years ago, there are still far too many incidents. The alarming rise in DUI accidents and arrests in Bakersfield is part of what prompted the city to install more cameras at stoplights. Last year, there were 135 traffic deaths in Bakersfield, which is the largest number in the last five years. DUIs with a blood alcohol concentration (BAC) of.08 or higher accounted for about a quarter of those. Alcohol-impaired deaths accounted for 29% of all fatalities in the state, a lower percentage than the national average of 31%.
Automobile accidents are the leading cause of death for people under the age of 34 in the United States. Every day, thirty-two people in the United States die in a car accident involving alcohol. In 2007, alcohol was involved in 37.5 percent of all traffic deaths in California. In 2007, California had 30,783 non-fatal alcohol-related car accidents, accounting for 11.5 percent of all car accidents. Following an eight-year upward trend, California's alcohol-related traffic deaths fell by 6.8% in 2007.
In 2008, California had the second-highest number of alcohol-related traffic deaths in the nation, with Orange County accounting for many of these drunk driving incidents. Even though California did not lead the country in terms of alcohol-related traffic injury deaths, its 37.5 percent was higher than the national average of 32 percent in 2007. Thirty percent of Americans have been involved in an alcohol-related crash at some stage in their lives, so knowing how to spot drunk drivers and what to do if you suspect anyone of driving while intoxicated is critical.
Common Causes of Car Accidents in California
Los Angeles Car accidents continue to increase in number and severity as cars incorporate more safety features and accident-avoidance technologies. Los Angeles has the highest rate of injury-causing or fatal incidents in the nation, with the number of fatalities up more than 55 percent since 2016.
Distracted driving is one of the main reasons why the number of car accidents is increasing across the country. Even as more drivers switch to hands-free mobile phone setups in their vehicles, many modern cars now have touch-screen screens that compete with typical driving distractions like the radio, eating a snack, or looking back at the kids in the backseat for drivers' minimal attention.
The National Highway Traffic Safety Administration (NHTSA) has pointed to broader demographic shifts as one of the reasons why accidents are becoming more common. Over the last decade, the number of motorists aged 65 and up has grown by 30%.
Finally, according to an NHTSA study, human decisions trigger 94 percent of serious accidents in the United States. From drunk driving to speeding, the person behind the wheel is to blame for most car accidents, rather than external, non-human factors like road conditions or vehicle failure.
Los Angeles Car Accidents have Medical Consequences
Every year, more than 3 million Americans are injured in automobile crashes, according to the National Highway Traffic Safety Administration. The severity and extent of such injuries can range from minor scrapes and cuts to severe head and spine injuries that can devastate the victim. Despite all of the advances in vehicle safety, car accident accidents continue to rise.
Whiplash is one of the most common injuries suffered by Los Angeles car accident victims. When a vehicle collides with another at any speed, the force that the vehicle cannot withstand is passed to the passengers. This can result in a rapid forward push, stretching connective tissues and muscles all over the body. This form of impact damage is particularly dangerous to the neck and upper back.
At the scene, not all injuries are instantly visible. When most people are shocked and stressed by an accident, their bodies start pumping adrenaline. This may mask discomfort or internal injuries for days, weeks, or months after the initial collision. Many people can walk away from a serious injury, only to discover that their back pain is intolerable later.
Car Accidents Cause Financial Damage
Car accidents have a staggering financial impact. According to the National Highway Traffic Safety Administration (NHTSA), traffic accidents cost Americans a total of $871 billion in 2014, with $594 billion of that coming from the "loss of life, suffering, and reduced quality of life" caused by automobile accidents. National Highway Traffic Safety Administration, also stated that car accident victims account for about 26% of all motor vehicle collision costs.
Isn't this why we have auto insurance? Both yes and no. It's important to remember that insurers profit from premiums while losing money on payouts and settlements. As a result, they want to optimize the former while that the latter. This suggests that most insurers representing the insured actively operate against most auto accident victims seeking compensation. As a result, adjusters either propose fast settlements below full compensation or seek to gather facts limiting their driver's fault.
Consider this if you need a justification to hire a Top Rated Car Accident Attorney In Los Angeles: as a car accident survivor, you are entitled to full compensation for your injuries and belongings. You may not be able to get the compensation on your own if you go up against insurance companies.
Types of Car Accidents in California
Any form of a car accident can result in personal injury or even death to the vehicle's occupants. The following are some of the most common forms of automobile accidents that necessitate the services of a Personal Injury Lawyer.
Multi-Car. A "multi-car" crash is one in which there are more than two cars involved. Almost all accidents can result in multiple vehicles being involved. A rear-end collision, for example, might drive the forward car into the car in front of them. Collisions involving multiple vehicles can be complicated.
Rear-End. One of the most common forms of automobile collisions. From behind, another vehicle collides with yours. Many rear-end collisions are caused by a forward vehicle stopping too quickly and the following vehicle not having enough room to brake.
Head-On Collision. This is an accident in which two cars collide in front of each other. Since this is rare to occur on divided highways, it is more likely to occur on two-lane streets or freeways. Intersections are another popular location for head-on collisions.
Side-Impact. These collisions are most common at intersections or freeways where one car changes lanes or turns. When making a left-hand turn at a light, the turning vehicle is often struck by another vehicle passing through the intersection.
Side-Swipe. If one vehicle collides with another going in the same direction, an accident occurs. On freeways, side-swipe collisions are most common, where one car tries to change lanes and collides with another vehicle in the lane next to them.
Hit-and-Run. A hit-and-run collision occurs when one of the parties exits the scene without sharing details or communicating with the authorities. Under California law, drivers involved in a crash that affects any vehicle must stop at a near distance.
If you were injured in a car accident, the following should be your top priorities:
Getting the best medical treatment available to help you recover from your injuries.
Recovering an adequate sum of money to compensate you for your injuries, such as medical expenses, lost wages, and pain and suffering.
Your physicians and Los Angeles Personal Injury Lawyer represent you and assist you in achieving these objectives. Following an accident, we suggest that you do the following:
See a doctor. A car accident that goes undiagnosed and untreated has the potential to become long-term or permanent. As a result, you must see a doctor as soon as possible after your accident. The earlier you see a doctor, the better chance he has of assessing and diagnosing your injuries and preventing further damage. Taking this action as soon as possible after the accident serves the dual function of persuading a jury that your injuries were caused by accident, thereby enhancing the outcome of your legal proceedings.
Give a detailed description of your grievances. It is important that you communicate all of your concerns to your doctor the first time you see him or her after your car accident. Even small issues have the potential to turn into big issues in the future, so it's important to bring them up in your discussion.
Time is of the essence; seek medical attention as soon as possible after your accident. Make your complaints as specific as possible, as this will help your personal injury lawyer in Los Angeles show that your injuries were caused by accident.
Consider a disc herniation: reporting neck or back pain early on allows the Los Angeles attorney for personal injury to show the disc damage was caused by an accident while waiting until a doctor discovers the problem, later on, will make proving the cause of personal injury more difficult.
Muscle weakness/spasms, discomfort, numbness, tingling, burning, and/or "pins and needles" sensations in your arms, legs, fingers, and toes are all early symptoms of a spinal injury. Please contact your doctor immediately if you encounter any of these symptoms.
Keep all documents that might be relevant to your case. Photograph the injuries as soon as they become visible; if you don't, the personal injury will fade, and you'll lose important evidence. It's a safe idea to keep track of your car accident injuries as soon as possible after they happen. Property damage caused by accident should also be photographed for both you and the other party.
Document written details from the time the accident happened to the present. Journaling is a great way to track how your life has changed since your accident. Keeping a journal helps you remember important facts and gives the jury a view of your experience with the car accident and how it has changed your life.
Maintain Treatment Consistency. We recognize that life places many demands on each of us and that care is a lengthy and time-consuming procedure that takes you away from your responsibilities; however, treatment must be prioritized for the duration of your situation.
Your doctor's exams and clinical records will act as the primary evidence of your injuries; as a result, you don't want to give jurors the false idea that you recovered easily and completely from your accident by halting treatment too soon. You must continue receiving medical attention until your doctor decides you are fully recovered.
What Does a Passenger Have to Prove?
What does a passenger have to show if they don't have to prove their own innocence? The first is the defendant's responsibility. If two drivers are involved, either or both would almost certainly be deemed incompetent and held responsible for any costs incurred. It's the same as every other auto accident case with two sets of facts and defendants in the case of two drivers. The passenger should obtain both drivers' insurance details and contact information and should then file claims with each defendant's insurance policy separately.
And if it seems that one driver is to blame rather than the other, speaking with a Los Angeles Car Accident Injury Lawyer and making a lawsuit against both drivers is the safest course of action. It's difficult to know in advance how insurance firms or the courts would respond. California is a state with a lot of comparative faults. This ensures that both drivers can be held responsible for certain aspects of the collision.
The percentage of compensation that one party is supposed to pay is determined by how at fault they are found to be. For example, if a passenger seeks $100,000 and one party is found to be 80% at fault and the other 20%, one party will pay $80,000, and the other will pay the remaining $20,000.
If only one driver was involved (for example, if the driver collided with a guardrail), the driver would almost certainly be held responsible. If a driver collides with something, they are usually called reckless.
However, there are a few exceptions:
Unexpected object: there was nothing the driver could do if an object fell off the back of a truck or a deer accidentally entered the lane.
Mechanical failure: If anything goes wrong with the car that the driver couldn't fix (for example, a worn brake), the manufacturer or designer, not the driver, is responsible.
To establish blame, the accident must have occurred under the driver(s)' reasonable control. If you were a passenger in a car accident, regardless of the circumstances, you should seek legal advice from a Los Angeles Accident Injury Lawyer.
The second piece of evidence is the cost of the damages. The plaintiff (in this case, the passenger) must establish the seriousness of his or her injury as well as the costs of medical care. Keep track of all expenses, from the cost of an ambulance ride to the cost of physical therapy. Give all paperwork and documentation to a car accident lawyer.
Comparative Negligence Laws in California
After a car accident in California, you have the right to seek compensation from the other at-fault group, regardless of your level of fault. As a result, any payout you receive will be limited by the percentage of fault in the accident. The legal term for this is "pure comparative negligence."
Assume you were hurt in a car accident in which another driver side-swiped your vehicle due to an illegal lane change, costing you $100,000 in total damages. Your case is taken to trial, where it is discovered that you were driving 10 miles over the speed limit at the time of the accident. As a result, the jury determines that you are 20 percent to blame for the crash. As a result, you will only be able to recover $80,000 (or $100,000 minus 20%) for your damages.
Insurance firms are well-versed in these principles and would use them to minimize their liability in the event of a collision. During your claim, the best Personal Injury Lawyer Los Angeles can protect you from unfair treatment and help you recover every penny of your rightful compensation.
Passengers Are Liable under Such Circumstances
Though it is rarely the case that a passenger is held responsible for an accident, there are several exceptions. When a passenger agrees to ride in the car of an inebriated driver, that person can be held partially responsible. This is because the passenger agrees to the possibility of an intoxicated driver and, as a result, shares some of the responsibility. This can have an impact on how much a person is paid. This does not usually exclude an individual's right to compensation, but since California follows the partial fault doctrine, the passenger will lose a portion of the compensation.
When do you take action?
A passenger seeking compensation should file a claim with the driver's insurance provider as soon as possible. It's also a good idea to contact a Los Angeles Car Accident Injury Lawyer for representation or, at the very least legal advice as soon as possible. Having an advocate by your side will increase your odds of getting the highest possible payout and can act as a sounding board as you go through the process.
The case should be resolved after the passenger has received all appropriate medical attention. Typically, the insurance agent will attempt and negotiate with the injured person several times, prolonging the process and forcing the individual to accept a low bid.
Getting to the Bottom of a Car Accident Claim
Although claiming fault in a car accident can seem to be a simple task, the fact is that the insurance provider would need a substantial amount of supporting evidence before paying you for your damages. It's important to note that an insurance provider isn't looking out for your best interests and will scrutinize your claim to reduce their financial risk. The best car accident lawyers in Los Angeles will conduct a comprehensive investigation into the cause of your accident and assist you in putting together a solid case that will increase your chances of success.
The following facts will be collected and analyzed as part of your accident investigation:
Records of medical care
According to police records
Reconstruction of an accident
Images from the scene
Eyewitness accounts
All vehicles have been damaged.
Data from the vehicle's "black box"
Reports on toxicology
Surveillance video clips
Consider one of our prescreened California Lawyers in your California Attorney Search.
California's Statute of Limitations on Car Accident Claims
Car accident cases in California, like any other personal injury allegation, are subject to a legal deadline known as a "statute of limitations," which restricts the amount of time you have to file a lawsuit against the at-fault driver. Personal injury lawsuits filed after a traffic accident have a two-year statute of limitations from the date of the incident. Property damage cases have a marginally longer three-year window.
Car accident lawsuits against a government agency have a shorter statute of limitations and must be made within six months of the accident to be valid. Since these deadlines can make or break your case, you should consult a Los Angeles car accident lawyer as soon as possible to ensure you meet all applicable deadlines.
Do not put your confidence in the insurance businesses
Fortunately, most drivers do not have many incidents that result in injuries. However, this means that most people are unaware of the part insurance companies play in car accidents and victim compensation.
Insurance firms are not charities, despite what their advertisements can suggest. If one of their insured is involved in an accident, their main purpose is to limit their damages and liabilities. As a result, they hold a larger portion of the money they earn in the form of premiums.
When you talk with an insurance adjuster on the phone, they will appear to be sympathetic. They can ensure you that they are conducting an "investigation" that will result in fair compensation for all accident victims. In the vast majority of cases, they are merely searching for ways to restrict their own liability.
California is a jurisdiction that operates based on comparative incompetence. This means that if the insurance provider decides that you are to blame for some part of the crash, even if you were struck by a driver who was covered by their policy, they will aim to reduce your payout by that amount. Their investigation is merely a means to this end: their adjuster is looking for evidence that will allow them to minimize the amount of compensation they would pay you.
The fact that you're dealing with a Car Accident Lawyers in LA is also enough to convince the insurance provider that you're serious about getting just compensation for your injuries.
Our pre-screened and best California personal injury lawyer will conduct their own inquiry into the accident to ascertain the extent to which the other parties were at fault. This is where the paperwork you gathered at the accident scene comes in handy. We may put together a successful argument that shows the exact degree of fault in compliance with the laws of the state of California using the police report and eyewitness testimony. This ensures that you earn the benefits to which you are entitled.
There will not be a lawsuit in any traffic accident or personal injury case. In most cases, the insurance provider can make a reasonable settlement offer if you file a claim with the help of car accident lawyer. If they do not, our best personal injury lawyers will file a lawsuit as soon as possible to obtain full compensation for you.
Accident Caused by an Uninsured Driver in California
Drivers in California are required by law to have auto accident insurance. Unfortunately, one out of every three California drivers may not have auto accident insurance. Uninsured and underinsured drivers, according to estimates, are the most likely to be involved in automobile accidents. They're also the most likely to drive dangerous and inefficient vehicles. In fact, uninsured and underinsured motorists are responsible for nearly half of all car accidents.
Uninsured motorist coverage should be included with the auto insurance policy. Uninsured Motorist Coverage protects and compensates you – and anyone else protected by your policy – in the event of an accident caused by an uninsured or underinsured driver.
Damages to pedestrians and bicyclists are also recoverable.
Uninsured motorist coverage extends beyond the driver and passengers of the car.
If they drive a vehicle, a pedestrian or bicyclist may also recover damages for personal injury incurred by an uninsured or underinsured driver under their own Uninsured Motorist Coverage from their own car insurance.
When Having Uninsured Motorist Coverage Is Beneficial
Your auto insurance policy includes both uninsured and underinsured motorist coverage.
When your losses exceed the premium limits of the under-insured driver's liability coverage limits, the Under-insured Motorist Coverage kicks in. Put another way, if the losses are $50,000 and the responsible party's insurance limits are $30,000, you will only get $30,000 from them. You will usually only get as much insurance as they do. You must file a claim with your own insurance provider for the remaining $20,000. California law states that if you have to use your own Uninsured – Underinsured motorist insurance, your insurance provider cannot increase the rates.
If the driver who hit you does not have auto insurance, Uninsured Motorist Coverage pays for the losses. Even if you weren't the one driving at the time of the crash, it's worth it. It applies whether you are a rider, a pedestrian, or a cyclist.
And if you don't have a vehicle, you can be protected by a family member's policy. If you live in the same house as a family member who has Uninsured Motorist Coverage (and in a few other situations), you might be covered by their scheme.
The Majority of California-insured Drivers Are Covered
Unless you expressly decline it in writing, California law mandates that all auto insurance plans have Uninsured Motorist Coverage.
Insurance brokers can be "hungry" to make a sale, so they make you a low-ball bid on insurance. They don't say that the insurance doesn't protect you if an uninsured motorist hits you.
Some agents can claim to sell you insurance that provides "complete coverage," but it doesn't.
If you or someone covered by your collision insurance policy has been in an accident, review your policy to see if this coverage is included. Look for a "U" or "UM" on the front of your contract to mark Uninsured Motorist Coverage, or call your agent to ask them to show you the provision. We strongly advise you to investigate this right now before you are involved in an accident and need Uninsured – Underinsured Motorist Insurance.
What if My Injuries Prevent Me From Working Indefinitely?
The worst injuries from a car accident will make a person unable to work for the rest of their lives. Depending on their employer's sick leave policy, some people can lose their jobs if they take a long time off to heal from their injuries. Losing a source of income can be devastating to a family's finances.
If you cannot return to work or are permanently injured due to a car accident, a personal injury lawsuit will help you recoup your losses. An experienced car accident attorney Los Angeles will assess the situation and decide on a fair settlement sum to cover your missed earnings when you were out of work.
If you cannot return to work due to a permanent injury, you will be eligible for compensation to cover the salary you would have earned in that role. Working with competent and knowledgeable Los Angeles car accident attorneys is important concerning personal injury cases for compensation.
Why Do I Need a Car Accident Lawyer in Los Angeles?
The causes are numerous and complex, but in summary, an injured person requires the services of a car accident lawyer after a car accident because attorneys have both the experience and resources to prosecute your case.
An uninitiated person will easily become confused and short-changed by the legal system, incurring costs that are often far higher than the costs of hiring a California Car Accident Attorney.
Having a Car Accident Lawyer in Los Angeles for your case ensures you can get the medical help you need to treat your injury effectively and quickly. Most people can't pay for medical care, let alone the sky-high hospitalization costs, diagnostic tests, and ongoing treatment and recovery.
As previously stated, prompt and consistent treatment of injuries arising from car accidents is critical to persuading a jury of your claim; as a result, a car accident attorney in Los Angeles will arrange for medical treatment without you having to pay for it upfront (payments are made when cases settle.)
Furthermore, the expertise and experience of a California Car Accident Lawyer are needed to accurately determine the monetary value of your case. Attempting to handle your case on your own almost ensures that you will not receive a settlement that is even close to the true value of your case.
The final reason you should hire a car crash attorney is that insurance firms are financially motivated to stop paying out to accident victims. A Los Angeles car accident attorney is essential in the battle for reasonable compensation for your injuries; hiring the best Car Accident Attorney in Los Angeles relieves you of the time-consuming and difficult task of coping with insurance companies' red tape.
Find the Right California Personal Injury Lawyer for Car Accident
1000Attorneys.com is a California Bar Association Certified Lawyer Referral Service that can refer you to a car accident attorney that's the best fit to handle your case. For a FREE INITIAL CONSULTATION, call our 24/4 hotline at 1-661-310-7999 or submit your case on our online case review form.
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