You need a professional car accident attorney by your side if you are injured in a car accident in California. Your California auto accident lawyer will handle all negotiations with the at-fault party's insurance provider on your behalf, ensuring that you receive every penny you are entitled to.
Find a Los Angeles Personal Injury Lawyer for Car Accidents
1. Uber Accidents
Uber and other ridesharing services have grown in popularity, but what happens when passengers, pedestrians, or other vehicles are involved in a collision? Who is responsible for the medical costs, property damage, and other damages that result? If you were a rider, a bystander, or driving another car at the time of the crash, Uber accident insurance could only cover a portion of your losses. As a result, working with an experienced personal injury attorney who can optimize legal rehabilitation and ensure victims receive the compensation they deserve is critical.
What does Uber insurance cover?
In 2015, the California legislature passed Assembly Bill 2293, requiring Uber to carry liability insurance for all of its drivers. This policy is designed to protect passengers and other third parties injured or otherwise involved in an accident caused by a contracted driver while on duty. When a driver accepts a ride request on the app, the $1 million liability insurance policy kicks in and lasts until the ride is completed or the driver completes the transaction and logs out of the app.
In the case of an automobile accident, drivers can also carry their own personal auto insurance policy, which covers personal injury, property harm, and/or death. However, unless the driver has a special ridesharing provision, this policy does not apply if the driver is logging into the company's ridesharing app at the time of the accident.
Overview of Uber's Accident Procedure
In California, Uber allows its drivers to have liability insurance as well as uninsured/underinsured motorist (UM) coverage of up to $1 million per accident. The following factors will determine which form of insurance policy you need:
Any costs would be protected by the driver's personal auto insurance policy if the driver was not logging into the app or was off duty at the time of the crash. If he or she was logging into the app but did not have an active trip at the time of the crash, they are covered up to:
- Property damage is paid out at a rate of $30,000 per event.
- For bodily harm, each person is entitled to $50,000.
- For bodily harm, each crash is worth a total of $100,000.
- If the driver is driving their vehicle but not logging into the app, supplementary liability coverage of up to $200,000 is available.
If you are ever injured in a car accident involving an Uber vehicle, a car crash lawyer can assist you in figuring out the best ways to get reasonable compensation. Our prescreened California personal injury lawyers are experienced negotiators and seasoned litigators who fight hard for your interests. You should work with a qualified personal injury attorney who understands the ins and outs of rideshare crash litigation to increase the odds of receiving the highest possible Uber case payout.
Is it possible to sue Uber if I have an accident?
The following factors will determine whether or not you can file an Uber accident case against the ridesharing company:
- The accident's facts and conditions. Were you a passenger, a pedestrian, or another driver when this happened?
- If the accident was triggered by the driver's acts or inactions,
- If it can be proved that the company was negligent in hiring a driver without proper screening, such as someone with a previous criminal record or a long history of traffic violations, victims might be able to sue the company.
- Is it possible to sue an Uber driver directly?
If you are injured while traveling as a passenger and the Uber driver is at fault, you do not need to prosecute the driver because you are protected by the company's $1 million insurance policy. Just a few states have ruled that Uber accident insurance is valid as long as the driver is signed into the Uber app, even though there is no passenger in the car. Suppose a driver is not on duty and driving for personal reasons when an accident occurs. In that case, you will be able to file a lawsuit against the driver's personal auto insurance policy (PIP). Consider one of our prescreened California Lawyers in your Cal Bar Attorney Search.
2. Distracted Driving
Staying linked, navigating new locations, and getting critical information has never been easier, thanks to recent technological advancements. Today's tablets and mobile phones, on the other hand, have provided an endless source of distraction for drivers who should be concentrating solely on the task at hand: driving.
One of the many things that can confuse you when driving is talking on the phone. The following are some additional driving distractions:
- Changing the radio station
- Texting
- Watching a video
- Paying too much attention to passengers' conversations
- Reading
- Consumption of food or beverage
- Reaching for something
- Making use of a navigation device
What percentage of all collisions are caused by distracted driving?
According to the National Highway Traffic Safety Administration, distracted driving causes at least 80% of all automobile accidents.
Distracted vehicles are also responsible for 16% of all fatal traffic accidents on US highways.
Distracted drivers are a new form of road hazard in California. Even though everyone is aware of the risks of texting and driving, people want to use their new devices when driving.
Statistics on texting and driving
Distracted driving figures around the country serve as a stark reminder of the needless accidents and deaths caused by inattention and mobile phone use.
Consider the following information on texting and driving:
- Texting while driving is admitted by 43% of teenagers.
- In the previous month, 33% of drivers aged 18 to 64 reported reading or sending texts while driving.
- As opposed to drunk driving, texting while driving is 6 times more likely to cause a crash.
- For 5 full seconds, texting takes your eyes off the lane.
- Texting increases the overall accident chance by 23 times.
- Texting while driving is the leading cause of death for teenagers in the United States.
How many people have died as a result of texting while driving?
More than half of all Californians polled in 2014 said texting while driving is the most dangerous diversion. According to data from the United States Department of Transportation, texting while driving causes 1.6 million car accidents per year, with 6,000 people killed as a result of distraction-related collisions.
California's texting and driving rules
California's state restrictions on mobile phone use and texting have increased road safety slightly in recent years. The following are the limits imposed by California's distracted driving laws:
- Drivers of all ages are prohibited from using portable mobile phones.
- Drivers of all ages are prohibited from texting.
- For minor drivers, mobile phone use is prohibited – with or without wireless accessories (under 18)
- For bus and transit drivers, all mobile phone use (handheld and hands-free) is prohibited.
Is it illegal to text and drive?
Texting while driving is illegal in California for all drivers, regardless of age. Sending or viewing a text message while driving, waiting in traffic, or stuck at a red light is illegal—each infringement results in fines and court costs.
California courts, on the other hand, have ruled that reading maps and typing directions into a mobile GPS program while driving is legal. Drivers are also permitted to text when their car is idling in a parking lot.
Is it possible to be held accountable if you text a driver?
According to a 2013 ruling by a New Jersey appeals court, persons who exchanged messages with the at-fault driver just before the crash could be held liable in car accidents. An individual who deliberately invites another to respond to messages while driving can be held partially liable in a civil suit, according to the NJ judges, if they have reason to believe the person would interpret the message while driving.
This landmark decision has received widespread praise, but it has only a small impact on state laws in other parts of the country. Though California is cracking down on distracted driving, texting while driving is still legal.
3. Driving Under the Influence
According to traffic safety records, drivers under the age of 21 are responsible for more than 10% of all drunk driving deaths, and California has one of the country's highest DUI rates. Every year, more than 1,000 DUI arrests are made in Los Angeles County alone, which is far more than the neighboring counties.
Driving while drunk or under the influence of drugs or alcohol is a direct cause of negligence. Innocent pedestrians and motorists are at risk of serious injury or death as a result of drunk driving. The criminal justice system will enforce prison time and fines on arrested drivers, but it offers no compensation to DUI crash victims or their families.
According to the Centers for Disease Control and Prevention, the average individual has driven while intoxicated at least 80 times until their first DUI arrest.
The following are some sobering figures about drunk driving accidents in California:
- Drunk driving deaths accounted for 28.9% of all traffic deaths in California in 2014.
- In California, there were 867 DUI-related deaths last year, up 4.67 percent from the previous year.
- In 2012, the average age of a DUI arrestee in California was 30 years old.
- The percentage of felony drunk driving arrests is about 2.6 percent.
- On Super Bowl Sundays in Los Angeles, the number of alcohol-related deaths increases by more than 50%.
Victims of DUI have legal recourse.
In California, an individual who causes a serious or fatal accident as a result of excessive alcohol consumption faces both criminal and civil proceedings. A drunk driver may be charged with vehicular manslaughter or DUI with injury, and if convicted, could face jail time. These criminal penalties are substantial and play an important role in reducing DUI-related accidents. Even if the offending driver avoids criminal prosecution, victims can bring a civil lawsuit for personal injury or wrongful death against the driver.
The economic and non-economic damages incurred by drunk driver victims and their families can be sought in wrongful death or personal injury case. Furthermore, because of a criminal DUI conviction, these lawsuits are often settled outside of court, avoiding the stress of a civil trial.
4. Head-On Collision
When the front ends of two cars or trucks meet, it is called a head-on collision. In certain situations, this form of collision happens when a driver crosses a median or dividing line unintentionally and collides with an approaching car. When a motorist deliberately or accidentally drives the wrong way down a highway or road, a head-on collision can occur.
The most common causes of head-on collisions
A significant percentage of fatal head-on accidents involve a driver who is inebriated, using drugs (both prescription and illegal) or is fatigued.
The following are some of the most common causes of head-on collisions:
- Texting while driving
- Drive while inebriated
- Driving while drowsy
- The inability of a driver to assess a healthy passing distance in oncoming traffic
- Bad weather, such as heavy rain, can cause a car to skid uncontrollably when the brakes are applied.
- Driving in the wrong direction
- Tires that have blown off
- On a curve, excessive speed and loss of balance
Injuries caused by a head-on crash
While head-on collisions are rare compared to rear-end collisions, when they do happen, victims are often left with life-threatening injuries. In a frontal collision, the speed and weight of the vehicles involved have a direct effect on the injury and damage sustained.
Head-on collisions are known to cause the following injuries:
- Traumatic brain injury (TBI) is a form of brain injury (TBI)
- Trauma to the head and skull
- A whiplash
- Fractures of the ribs
- Disc herniation
- Paralysis as a result of a spinal cord injury
- Organ damage
- Lower-extremity injuries, particularly broken femurs, are common.
The survival rate after a head-on collision
According to one Oxford Journal report, when a driver is in a car with airbags and is wearing a seat belt, the chances of dying in a head-on collision are decreased by around two-thirds. The probability of survival will also be determined by the weight of each vehicle and its speed at the time of impact.
A separate study performed at Indiana University-Purdue University on head-on collision survival rates discovered that the chances of survival are improved when:
- Driving a newer vehicle
- Taking the wheel of a vehicle with a higher mass
- Having working airbags that deploy in the event of a collision
The Insurance Institute for Highway Safety (IIHS) examined crash reports from the National Highway Traffic Safety Administration (NHTSA) database in 2007 and discovered that head-on collisions were more dangerous when less of the front of each car was involved. To put it another way, head-on collisions that are slightly off-kilter rather than dead-on result in more fatal injuries.
When You Seek for Settlement
If you or a loved one was killed or seriously injured in a head-on accident caused by a careless or reckless driver, you might be entitled to substantial compensation. To determine liability, an experienced investigator may investigate the accident, collect facts, and question witnesses. Physical evidence such as skid marks, crash debris, and eyewitness testimony is often used to establish who is at fault.
Recovering from a head-on collision can be a long and expensive operation, which is why victims deserve the most coverage available to cover their ongoing medical expenses. Victims of injuries resulting in amputation, paralysis, or serious brain damage will require additional funds to cover the cost of long-term care.
5. High-speed Collision
One of the leading causes of traffic accidents and deaths is speeding. More than 10,000 lives were lost in speed-related accidents in 2012, according to the National Highway Traffic Safety Administration (NHTSA), with speed being a contributing factor in nearly a third of all fatal crashes.
According to their findings, California ranks second only to Texas in terms of speed-related fatalities (916). (1,247). The greatest barriers to reducing high-speed crashes, according to 78 percent of state highway offices surveyed, are "public indifference to speeding" and "cutbacks in the number of speed enforcement officers."
Liability in high-speed car crashes in California.
Many involved in high-speed collisions caused by negligence are covered under California law. When someone drives a motor vehicle, whether it's a car, motorcycle, truck, train, or boat, he or she promises to operate it safely, which is a responsibility owed to others. Speeding is considered a risky option by drivers unless there is a manufacturing defect, making them responsible for any property damage or bodily injury that happens as a result.
California has the following laws:
- Drivers must not reach 70 mph on freeways or 55 mph on divided highways, according to the Basic Speed Law.
- For violating the speed limit for the first time, a fine of up to $100 can be imposed, and for reckless driving, a fine of up to $1,000 can be imposed.
- A first-time offender's license can be revoked for up to a year for reckless driving or 30 days for excessive speed.
- Reckless driving will land first-time offenders in prison for up to 90 days.
Vehicle manufacturers, safety maintenance technicians, passengers who were creating a distraction at the time of the accident, and local governments who neglected to maintain or track roadways for safety could all be held responsible for high-speed collision injuries.
6. Vehicle rear-end collisions
When the front vehicle is stationary or traveling at a slow pace, rear-end collisions are common. The body's jarring effects can be serious. The effect and unsettling aftermath of such collisions frequently catch victims completely off guard, not to mention the potentially permanent injuries that can result.
According to the National Highway Traffic Safety Administration, rear-end collisions are the most frequent form of an automobile collision, accounting for approximately 29% of all road accidents. According to statistics, driver distraction causes almost 8 out of 10 rear-end collisions. It only takes a split second of misplaced emphasis to cause irreversible damage. Making phone calls, sending text messages, changing the car stereo, dining, shaving, and conversing with passengers can all cause enough distraction to result in a crash.
Unfortunately, many rear-end collisions in the Los Angeles area are caused by the at-fault vehicle's inability to slow down before impact.
Who is responsible for a rear-end collision?
It is extremely common for rear-end accidents to be blamed on the following vehicle's driver. To reduce the likelihood of such accidents, California traffic laws require all drivers to maintain a safe distance from other cars and trucks. Failure to do so would increase the likelihood of the rear vehicle operator being held responsible. When a collision happens, law enforcement officers will carefully investigate the scene to determine who is to blame. They will consider all contributing factors, such as the likelihood of a sudden stop, an improper turn, a failure to use turn signals, or some other form of an infraction.
Since and rear-end crash case is unique and fact-intensive, it is critical for accident victims to collect and retain as much information as possible in order to obtain only compensation. Following a rear-end collision, it is important to speak with witnesses, take photos, and keep all medical care records.
7. Dangerous driving conditions
According to Los Angeles Magazine, a prominent Northrop Grumman scientist was killed while driving 35 mph when a car turned left at Cabrillo and Summerland in northwest San Pedro's famously faulty intersection. Legislators had considered repairing the blind corner twice before failing to do so. A stop sign was installed after the motorcyclist died, but it was too late for his bereaved relatives. A compassionate jury found the city responsible and awarded $23.7 million.
Car accidents are caused by hazardous road conditions.
The following are examples of common road hazards:
- Animals, both alive and dead
- Intersections that are blind and have an obstructed view
- "Bottlenecks" are areas where lanes abruptly narrow.
- Altering the speed limit
- Zones of construction or work
- Vehicles with disabilities parked on the shoulder
- Drivers, pedestrians, and cyclists who are distracted
- Rocks or a fallen tree
- Cargo falling from other vehicles
- On-ramp and off-ramp travel on freeways
- There aren't enough lane markers.
- Poor road maintenance, loose asphalt, and rough edges
- Nails, tacks, glass, wood, and other debris are all examples of debris.
- An oil spill has occurred.
- Wet, slick roads, ice, fog, and strong winds
- Potholes
- Standing water at the side of the lane
- At the end of a lane, there are steep drops
- The school bus came to a halt as a child was crossing the street.
- Accidents in the streets
- Exits that are not labeled
Description of a road hazard:
A road hazard is something that can puncture a tire, cause a sudden impact, or cause a collision on the surface of a normally well-maintained roadway.
Who is to blame for the dangers on the road?
Accidents involving road hazards may be just that: accidents with no assigned liability. In other cases, you get a gut feeling that something isn't quite right.
Bad roadway conditions were found to be responsible for 75 percent of the nearly 40,000 annual "atmospheric condition" accidents, according to the National Highway Transportation Safety Administration's "National Motor Vehicle Crash Causation Survey." Slick roads, view obstructions, a lack of signs, malfunctioning signals, and poor road design are all factors that contribute to largely avoidable accidents in which a third party can bear some or all of the blame.
Parties that could be held accountable include:
- Contractors in construction
- Employees and agencies at the federal, state, and local levels
- Pedestrians, cyclists, and other motorists
- Landscaping contractors
- Private businesses
- Governmental organizations
- Planners of cities
A driver who is partly at fault for physical and/or property damages can still file a lawsuit and receive at least partial compensation for losses and injuries suffered in a road hazard crash, according to California state law.
What is covered by 'road hazard insurance?
If you drive over something in the lane, most "road hazard warranties" just cover the cost of tires and roadside assistance. Damage to the body of your car and personal injury costs for you and your passengers are covered by other aspects of your insurance. Your insurance will not cover any property or car harm you might have caused by colliding with a road hazard and spinning out of control, causing you to collide with others.
Car damage as a result of hazardous road conditions
Damage to your car caused by road hazards can be covered by your auto insurance. For example, if you hit a fallen tree or a rock in the road, the damage will be protected by your policy's "collision" section. If you are struck by a tree or a boulder, your argument will be protected by the "comprehensive" scheme. If the damage is minor, you might be able to pay out-of-pocket to prevent insurance premium increases, particularly if it's a collision claim. After the deductible has been met, Personal Injury Protection (PIP) will cover medical expenses up to a certain amount. A personal injury claim against guilty parties that contributed to your accident is another recourse for covering damage to your car or individual.
8. Rollover Accidents
According to the Insurance Institute for Highway Safety, 6,863 passenger vehicle passengers died in rollover collisions in 2014. While the number of rollover incidents has decreased dramatically in recent years as vehicle design has improved, we continue to see a number of vehicle rollover headlines and lawsuits filed around the world.
Rollover of an SUV
SUVs are infamous for their high center of mass, off-road suspensions, narrow axle tracks, and steering sensitivity, all of which contribute to rollover accidents. The 2011 Chevy Tahoe, 2011 Audi Q7, and 2013 Mercedes Benz M-Class are among the SUVs with the highest rollover risk in the past. Rollover risk lists also include minivans (like the Toyota Sienna) and trucks (like the 2011 Ford F-150).
Statistics on SUV rollovers
The AAA Foundation for Traffic Safety on Rollover Accidents:
- Rollovers account for 35 percent of car accident deaths, despite being relatively rare (3 percent of all crashes).
- Three out of every four rollover collisions occurred at speeds of 55 mph or greater.
- Alcohol is involved in almost half of all fatal rollovers.
- Rural roads account for 70% of rollover injuries.
Rollover of a truck
As noted in a study conducted by the Association for the Advancement of Automotive Medicine, rollovers occur in around 9% of all large truck collisions. This is usually because of turning too fast or causing one side of the vehicle to drop or rise suddenly.
They found causative factors, including:
- Speeding or going too quickly for the circumstances
- Curve mishandling and bad judgment
- Incorrect loading
- Brakes that haven't been properly maintained
- Trying to beat another vehicle to a merge point or being in a rush.
- Roads are wet
- Unfamiliarity with the intersection results in unexpected turns
- Inattention and inability to avoid in a timely manner
- Aggression and anger
- Tires that have been worn out
- Seeing distance is restricted.
- Injuries from a rollover traffic crash
- Neck and head (60 percent )
- Arms and legs (47 percent )
- Legs and feet (34 percent )
- Thorax (23.8 percent )
- Abdominal cavity (15.4 percent )
The report involved 33 deaths, the majority of which were caused by traumatic brain injuries. Broken bones, deep lacerations, spine and spinal cord injuries, and damage of vital functions are all common injuries in rollover lawsuits (like speech, sight, memory, and hearing). Internal organ injury, resulting in a loss of enjoyment of life, as well as dental injuries, nerve and vein injuries, amputation of arms or legs, and emotional trauma, are all common.
Causes of rollover crashes and responsibility
There are two types of rollover collisions, according to the National Highway Traffic Safety Administration:
Tripped Rollovers (95%) – the vehicle slides off the lane, digging its tires into soft dirt, a snowbank, a curb, a steep slope, or a guardrail. Staying on the road is the only way to prevent an accident like this. Electronic Stability Control, a newer automotive system, has shown promise in avoiding accidents in emergency situations.
Untripped Rollovers (5%) – The tip-over is caused by high-speed collision avoidance maneuvers and is most common in larger freight trucks carrying heavy or imbalanced loads.
Many factors may play a role in a rollover accident, including:
- Tires that are defective or that have been neglected
- Overloading or improper freight loading on trucks
- Swinging around to clear an impediment
- Speeding or going too quickly for the circumstances
- Driving while inebriated or under the influence is a serious offense.
- Driving while distracted
Many people imagine an injured victim suing another driver in a rollover accident lawsuit. However, many other parties may be held liable, including auto manufacturers or repair crews, cargo loaders, employers who schedule drivers for too many hours, individuals who provide drugs or alcohol to impaired drivers, passengers in the car who may have been distracting the driver, and government entities.
9. T-bone
According to studies, airbags and seat belts will reduce the risk of death in T-bone car accidents. Side-impact collisions are second only to head-on collisions in terms of the number of life-threatening injuries and fatalities they cause per year in the form of traffic collisions.
Risk factors for a T-bone car crash
In the event of a side-impact collision, which often forces the broadsided vehicle into the path of oncoming traffic, the model and makes of vehicle you drive will play a significant role. Regardless of the vehicle's role, passenger car drivers are ten times more likely to be killed in T-bone accidents than SUV drivers, according to a 2003 report. The difference in vehicle mass, weight, and geometry, according to researchers, is to blame for this mortality risk. While side impact airbags protect passengers, the force of the impact often causes subsequent collisions, causing the broadsided vehicle to collide with stationary objects, pedestrians, and other vehicles.
Failure to yield the right of way, particularly at intersections, is a common cause of T-bone collisions. When cars disobey traffic signals, such as hitting a red light, the risk of broadside accidents increases significantly.
In a T-bone collision, who is to blame?
Every driver has a duty to drive safely and follow the rules of the road. Even if they had a green light, a driver who fails to yield right of way at an intersection or makes a left turn without first checking for approaching vehicles might be held responsible for causing a broadside collision. A trained car crash attorney may determine t-bone injury fault by conducting detailed inquiries and working with accident reconstructionist. Skid marks and impact damage to guardrails and other surfaces provide compelling evidence of driver negligence in many cases.
When Do You Hire a Lawyer After a Car Accident?
Following a car accident, you should still consult with an attorney. Most injury lawyers have free consultations, so you can get answers to your questions without any commitment.
Accident claimants who are represented by lawyers often receive greater coverage than those who attempt to negotiate with insurance providers on their own.
Attorneys for car accidents understand how to determine a reasonable payout for your case, and they will not let the insurance provider get away with undervaluing your claim. Insurance firms are well aware that the strategies they use on claimants will not work on experienced car accident lawyers.
They would be more likely to give you a fair settlement if they know you have a personal injury attorney who is willing to take the case to trial.
Find a Car Accident Lawyer in Los Angeles
1000Attorneys.com is a California Bar Association Certified Free Attorney Referral Service that can refer you to the best personal injury attorney fit to handle your case. Fill up our submission form or contact us through our 24/7 live chat for a free initial consultation.
0 Comments