Los Angeles Car Accident Attorney
Car accidents are an unfortunate reality of modern life, particularly in California, where the bustling streets and highways see some of the highest traffic volumes in the country.
Motor vehicle accidents in California are one of the most common causes of personal injuries, often leading to significant financial burdens. Over 200,000 people are injured each year in California. Auto crash injuries can cost victims thousands of dollars in medical bills, car repair bills, and lost wages.
The driver who was at fault for causing the collision is liable to the other drivers or passengers for their injuries or damages. The fault in a California car crash is based on which driver was negligent in causing the accident.
Notably, however, even when you were partly at fault, you might still be able to recover some damages from the other driver.
Not all vehicle wrecks in California are caused by negligent drivers. Defective car parts and hazardous road conditions could also cause collisions. When this occurs, vehicle or parts manufacturers or government agencies may be at fault for the car crash.
It's crucial to understand that you might need to hire an auto accident attorney to ensure the insurance company fully covers your damages. Sometimes, the lawyer will need to file a personal injury lawsuit to make the liable party pay for monetary damages.
This legal support can provide you with the reassurance and guidance you need during this challenging time. Compensatory damages available in an automobile wreck injury lawsuit may include medical expenses, lost income, loss of earning capacity, and pain and suffering.
The complex and often chaotic nature of these incidents can leave victims struggling with devastating physical, emotional, and financial repercussions.
At the Injury Justice Law Firm, our personal injury attorneys, with our extensive experience, play a crucial role in navigating the legal complexities of California car accident cases. We help our clients receive the compensation they need to become whole.
Who is at Fault in a California Car Accident?
Determining who is at fault in a car accident is a complex process influenced by numerous factors. In California, the concept of comparative negligence applies, meaning that fault can be distributed among multiple parties involved in the accident.
This principle acknowledges that more than one person can be responsible for causing the collision. As a result, compensation may be adjusted based on the degree of fault attributed to each party. For instance, if you are found to be 20% at fault for the accident, your compensation may be reduced by that percentage.
Determining fault often involves gathering evidence from the accident scene, reviewing police reports, and sometimes consulting with accident reconstruction experts.
The goal is to establish a clear understanding of how the accident occurred and who is responsible for the resulting damages.
Simply put, fault in a California vehicle crash can be complicated. Typically, a party's fault is based on negligence. When a driver is negligent and causes an injury, the negligent driver may be liable for any damages.
A car accident attorney can be pivotal in building a case where the other party was negligent. Negligence can include careless driving or not paying attention to other drivers on the road. "Negligence per se" can apply if there were violations of traffic laws. Some of the common causes of motor vehicle crashes include:
- Speeding,
- Texting while driving,
- Running a red light,
- Distracted driving,
- Drunk driving,
- Failure to yield the right of way.
What is the Legal Standard in a Car Accident Lawsuit?
Under California's negligence laws, when a negligent driver causes injury or damage to another person, the negligent driver is liable for the damages.
To get compensation in a personal injury lawsuit, you have to show the other party (defendant) was negligent in causing the car wreck. The legal standards for negligence in a California vehicle collision lawsuit are as follows:
- The defendant owed you a duty of care.
- The defendant breached that duty of care through negligence.
- The negligence was a substantial factor in causing your injuries.
Drivers owe others on a California road or highway a duty to use reasonable care when operating a vehicle. The duty of care for drivers involves the following:
- Use reasonable care when operating a vehicle.
- Watching out for pedestrians, obstacles, and other vehicles.
- Controlling the speed and movement of their vehicle.
Suppose a driver fails to use reasonable care and it causes an accident or injury. In that case, the negligent driver is liable for damages.
What If Both Drivers are Partially at Fault?
Sometimes, both drivers might be partially at fault for causing an accident if both were negligent. Under California's "pure comparative fault" law, even if you are partially at fault, you can still get some damages. However, the amount of damages can be reduced based on your share of fault.
Negligence and fault in a California car wreck is often complicated. Each side might blame the other for causing a serious car crash or fender bender.
Often, a driver may not have any proof that the other driver was to blame, and the insurance company may not be interested in finding out what really happened.
When this occurs, speak with a Los Angeles motor vehicle injury lawyer about your case. Your attorney might be able to give you a better idea of how strong your case is and what damages could be available.
Your lawyer can also investigate the accident, subpoena records to find out what really happened and negotiate with the insurance adjuster to get you the most money.
What Types of Damages are Available in Car Accident Lawsuit?
Damages in a car wreck are based on the injuries and losses you suffered. When filing a personal injury claim, you, as the plaintiff and car accident victim, ask for maximum compensation for your losses to be paid by the negligent party.
In California, car accident victims may pursue various types of damages to compensate for their losses. These damages are generally classified into three categories: economic, non-economic, and punitive.
Economic damages are generally those that have a set dollar value, like medical bills or vehicle repairs. Non-economic damages, which can be more difficult to value, include pain and suffering caused by the crash.
Economic Damages
Economic damages are intended to cover the financial costs associated with the accident, including:
- Medical Expenses: This includes emergency room visits, surgeries, doctor's appointments, physical therapy, medication, and any other current or future healthcare costs directly related to the injury.
- Vehicle repairs or replacement costs.
- Lost Wages: Compensation for the income lost during the recovery period. In severe cases, this may include future lost earnings if the injury limits the victim's ability to work.
- Property Damage: Compensation for damage to the victim's vehicle and other personal property.
Non-Economic Damages
Non-economic damages are awarded to compensate for the intangible losses that often accompany serious injuries, including (but not limited to):
- Pain and Suffering: This compensation accounts for the physical pain and emotional suffering endured by the victim due to the accident.
- Emotional Distress: Some victims experience significant mental and emotional trauma after a car accident, such as PTSD, anxiety, or depression. Compensation for emotional distress acknowledges the psychological impact of the accident.
- Loss of Consortium: This type of damage compensates the injured person's spouse or partner for the loss of companionship and intimacy caused by the injuries.
- Compensation for loss of limb, scars, or disfigurement.
Punitive Damages
In some cases, a judge may award additional punitive damages, which are intended to punish the at-fault party for particularly reckless or malicious behavior, such as drunk driving or road rage. California courts award punitive damages only in cases where the defendant's actions are deemed especially egregious.
What If the Other Driver Didn't Have Insurance?
We often asked whether someone can get damages when the other driver does not have insurance and how much they can expect from a car accident settlement. When you are involved in a car accident with an uninsured driver, you might not expect to be able to recover damages.
However, there may be a few ways to get damages when the other driver doesn't carry the minimum required bodily injury and liability insurance of $15,000, $30,000 for bodily injury or death or more than one person, and $5,000 for property damage.
California insurance law requires insurance companies to offer uninsured and underinsured motorist (UM/UIM) coverage to drivers, but this type of coverage is optional.
If you are injured in a car crash and have UM/UIM coverage, your insurance company should compensate you for your damages caused by the uninsured driver, up to the liability limit.
Similarly, suppose the damages caused by the other driver are higher than the other driver's liability coverage. In that case, underinsured motorist insurance policies pay for the excess damage up to the liability limit.
Notably, even without UM/UIM coverage, you might still be able to recover damages from an uninsured motorist. Many uninsured drivers often claim they do not have a lot of money or assets to cover the costs of medical payments and other injury damages.
However, your Los Angeles car accident attorney may be able to investigate their situation to see if they have other assets they are not disclosing.
Sometimes, family members may be liable if they allow the uninsured family member to get behind the steering wheel of their car. By showing negligent entrustment of a motor vehicle, the vehicle owner is liable for allowing an incompetent driver to drive their vehicle.
Can a Family Sue if a Family Member Was Killed in a Car Crash?
When the victim is killed in a car wreck, they are clearly unable to file a lawsuit against the negligent driver to hold them responsible.
However, under California's wrongful death laws, the surviving family can hold the responsible person liable for their negligence. Certain family members can file a claim for damages in a wrongful death auto casualty case, including:
- Spouse,
- Child or children,
- Grandchildren,
- Anyone else entitled to the property of the deceased per California's intestate succession laws.
The damages available in a wrongful death car accident lawsuit can include the following:
- Funeral expenses,
- Burial expenses,
- Lost financial earnings the victim would have earned,
- Compensation to the family for the loss of companionship and support.
A wrongful death claim can help with the financial costs of losing a family member. It might also be the only way to hold the person responsible accountable for their actions. A car accident lawyer can handle the claim so your family can focus on healing after the loss of a family member.
What are the Common Types of Injuries from Car Accidents?
Car accidents can cause a wide array of injuries, many of which may have long-lasting effects on victims' lives. Some of the most common serious injuries from car accidents include:
- Traumatic Brain Injuries (TBI): TBIs are often caused by a sudden blow to the head during a collision. Symptoms can range from mild concussions to severe brain damage, leading to cognitive impairments, memory loss, and personality changes.
- Spinal Cord Injuries: Damage to the spinal cord may result in partial or complete paralysis. These injuries are life-altering, often requiring long-term rehabilitation and assistance for daily activities.
- Broken Bones: Fractures and broken bones are common in high-impact crashes. Severe fractures may require surgery, physical therapy, and prolonged recovery, affecting one's ability to work or perform routine tasks.
- Internal Injuries: Blunt force trauma in an accident can lead to internal bleeding and organ damage, which may not be immediately apparent but can be life-threatening if untreated.
- Soft Tissue Injuries: Whiplash and other soft tissue injuries impact muscles, ligaments, and tendons, often causing chronic pain and restricted movement that can last for months or even years.
The effects of these injuries can be far-reaching, often impairing a victim's ability to work, care for family members, and enjoy life as they did before the accident. Additionally, the high costs of medical treatment, rehabilitation, and ongoing care can create financial strain for both the injured party and their family.
What Are the Types of California Vehicle Accidents?
There are many different types of car accidents in California. The type of traffic accident can impact who is at fault, the types and seriousness of injuries, and who is responsible for the damages. The most common types of car accidents include the following:
- Rear-end collisions. These often cause serious neck or back injuries, including whiplash, to the driver in the other car.
- Head-on collisions. These car wrecks often occur when a driver crosses over the middle of the road, often causing traumatic brain injuries. They are usually caused by distracted driving, failure to yield, or a drunk driver.
- T-bone crash. There are many causes of T-bone collisions, including distracted driving. They often result in serious injuries as you are hit directly on the side of the car with little protection.
- Motorcycle crashes. Motorcycle riders have almost no protection, and any collision with a vehicle can cause serious injuries and damage. Whoever was responsible, including the driver or a pedestrian, may be liable for injuries.
- Truck accidents. These often involve semi or tractor-trailers and can leave you with serious injuries and financial damages. The company might also be responsible if they negligently hired or trained the driver.
- Bus collisions. Any crash with a bus typically involves a transit company or city bus. When the driver or company is negligent, you can file a claim against whoever is responsible.
- Bicycle collisions. Cars crashing into bikes can be caused by reckless drivers or dangerous road conditions. California personal injury laws allow injured cyclists to file a lawsuit against the driver who caused the damage.
- Pedestrian accidents. Hitting a pedestrian often causes serious harm because there is nothing to protect them. Even a low-speed crash can cause head injuries, internal bleeding, neck or back injuries, or broken bones. Crosswalk laws help determine fault and liability for these accidents.
- Uber and Lyft accidents. Crashes and vehicle injuries involving the ride-sharing companies Uber and Lyft can result in claims against the driver, the company, or other drivers.
- Drunk drivers crash. Anyone injured by a drunk or intoxicated driver has the right to sue for damages even if they are not convicted of DUI. They might be liable for negligent driving resulting in a crash.
- SUV rollovers. An SUV has a higher rate of serious injury and death compared to other automobiles. You might have a product liability claim against the car company for selling a dangerous vehicle without warning you of the risks.
- Tire defect issues. Defective tires can cause a driver to lose control of the vehicle, causing serious harm or death. The tire seller or manufacturer might be liable for tire defects that cause innocent drivers to suffer injury or death.
- Dangerous road conditions. These can cause vehicle collisions or increase the chance of injury. This includes crashes involving dangerous road debris on the highway.
- Single-vehicle accidents. A single-vehicle car crash can happen if your car malfunctions, hits a pothole, or for other reasons that are not your fault. You might be able to sue the responsible parties that caused the crash.
- Hit-and-run. If you are struck by a driver who fails to stop, exchange information, and render aid, they can face both criminal charges as well as a civil lawsuit.
What is the Role of a Lawyer in a Car Crash Case?
The primary role of a lawyer in handling a California car crash case is to be your advocate. This means dealing with the court system and the insurance provider and keeping you informed on all the latest developments in your case.
Your attorney can ensure that you understand what is at stake before accepting the insurance company's offer or giving up your rights in a settlement. Notably, the insurance company is a business and they do not serve your best interest.
Our experienced Los Angeles auto crash injury lawyers offer a free consultation to help you determine the value of your claim. In your car accident case, your attorney will perform the following tasks:
- Investigation. If the police department responded to the car crash at the scene of the accident, the officers might have conducted an investigation.
- Treatment. As a victim in a car injury crash, you may be suffering neck pain, headaches, and other issues that can develop later. We can ensure that you seek treatment as soon as possible to make sure your injuries don't get worse.
- Gather evidence. Collecting evidence of a car collision claim includes taking pictures of the damaged vehicle, getting a copy of medical records, and taking action to ensure other evidence is retained and not tampered with.
- Issue a demand letter. Under California state law, one of the initial steps after a car crash to obtain damages is to issue a demand letter, which provides an outline of the claim and the basis for the other party's liability.
- Negotiating with the insurance company. This is one of the crucial steps in obtaining damages after a car collision. The company has a group of lawyers and adjusters who deal with liability and injury claims every day.
- File a personal injury lawsuit. Suppose negotiations with the insurance company fail to produce the desired result. In that case, your lawyer can file a personal injury lawsuit in California civil court that will include a basis for liability and a claim for damages.
If you have questions about car collision lawsuits in California or wish to discuss your case and legal rights with one of our experienced car accident attorneys, contact our law firm. We work on a contingency fee basis, meaning you pay no fees unless we win your case. The Injury Justice Law Firm is based in Los Angeles, CA.
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