The Common Causes and Damages in California Car Accidents

If you've been in a car accident, you might be wondering if you need to employ a lawyer. Yes, you should speak with Los Angeles Personal Injury Lawyer if you have been injured. That's because even seemingly minor mishaps can turn out to be problematic later on. You may be shocked and ignorant of any injuries when the event occurs. They can take a long time to show up, and once they do, they can cause a lot of discomfort and difficulties. It is critical to have an LA Personal Injury Attorney on your side in cases like these.

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In the United States, the number of yearly motor vehicle fatalities (including personal and commercial vehicles) has increased approximately tenfold in the last century. In 1913, for example, 4,200 people died in automobile accidents. In 2017, more than 40,200 people died in car accidents.

Despite an increase in the number of people killed in auto accidents, driving today is substantially safer than it was 100 years ago. Vehicle safety has advanced dramatically as a result of technological improvements. Drivers have grown more cautious and responsible as a result of this. Consider one of our prescreened California Lawyers in your Cal Bar Attorney Search.

The reason that more people die on current American highways than at the start of motoring is simple: today's roads have much more automobiles and drivers. In 1913, there were around 1.3 million automobiles in the United States, with a total of 2 million drivers. According to statistics, there were approximately 273 million automobiles and 225 million drivers in 2017. This means that there are 210 times as many automobiles and 136 times as many drivers today as there were a century ago. The number of accident fatalities per 1000 motor vehicles on the road has decreased from about 3.2 deaths in 2013 to roughly 0.15 fatalities in 2018. (in 2017). According to these figures, the actual rate of motor vehicle deaths has reduced by more than 95%.

Driving While Distracted

The majority of individuals perceive driving to be a typical and dull action that does not necessitate any substantial consideration. Distracted driving is responsible for nearly 80% of auto accidents, according to statistics. Every day, over 3,000 people die in auto accidents, and many of these tragic crashes are caused by distracted driving. Because of a variety of circumstances, Americans are driving more than ever before, which explains the increased incidence of auto accidents.

In most circumstances, it is nearly hard to determine whether or not an accident was caused by distracted driving after it has occurred. As a result, analysts estimate that the true number of injuries and deaths caused by distracted driving far outnumbers the figures published.

Distracted driving and drunk driving are frequently compared because the drivers' mentalities are similar: the offending drivers continue to engage in this behavior until they are either stopped by a law enforcement officer and face the legal consequences of their actions, or they are involved in a crash. Unfortunately, in many cases, this irresponsible action has tragic repercussions.

Distractions that Can Cause a Crash

Deep Thought and Loss of Focus While Driving

A driver engaged in deep thought or allowing his or her mind to wander is the major cause of distracted driving accidents (about 62 percent). This causes a lack of concentration and a crash. Drivers must focus their minds as well as their eyes on the road.

Driving While Using a Cell Phone

The use of a cell phone is the second most common cause of distracted driving. The convenience of communication has been brought to a whole new level with modern cell phones and smartphones. Web surfing, texting, e-mail, social media platforms, and a slew of other applications – all of which go beyond conventional phone calls – have caused individuals to treat their phones as if they were a part of their bodies. The amount of distraction on the cognitive level is the same whether a driver is using a hands-free or a portable phone while driving.

The general statistical data on cell phones, which illustrates the dangers of using them while driving, is staggering:

Texting is the most dangerous of all cell phone activities.
At any given time during the day, approximately 600,000 drivers are attempting to use their cell phone functions while driving.
Approximately 660,000 drivers use electronic gadgets while driving during daylight hours.
Drivers who use their phones while driving are 2.2 times more likely to be involved in a car accident.
When you dial a phone, your chances of having an accident increase by 12.2 times.
According to the National Safety Council, cell phone use while driving causes around 1.6 million accidents each year.
Almost 400,000 people are injured each year as a result of sending and reviewing text texts while driving.
Texting while driving is responsible for 25% of all car accidents in the United States.
Even while drunk driving is dangerous, it is 6 times less likely to result in a crash than texting while driving.
Texting while driving increases the amount of time a driver spends not paying attention to the road by four times.
Even if another driver causes an accident, texting while driving raises a person's chances of being involved in a car accident by 23 times.
When a driver checks or sends a text message, he or she takes their gaze away from the road for about 5 seconds. This 5-second distraction is the equivalent of driving a football field blindfolded at 55 miles per hour.
Teen drivers who use their phones while driving are four times more likely than adults to be engaged in a vehicle accident or a dangerous near-accident.
The majority of drivers say they support outright bans on texting, e-mailing, and even chatting on the phone while driving.
Surprisingly, according to poll data, around 77 percent of adult drivers and 55 percent of juvenile drivers believe they can easily perform the task of texting while driving.

Driving Under the Influence

Driving when inebriated is dangerous. Despite the well-known dangers of drinking and driving, it continues to be a big issue in the United States. Driving while inebriated or under the influence of other substances (i.e., drugs) can result in serious injuries or death.

Alcohol is a chemical that affects a person's central nervous system by impairing cognitive capacities (brain function, focus, thinking, judgment, and reasoning) as well as muscle coordination. These functions are required in order to safely operate a motor vehicle. Alcohol is absorbed by the human body through the stomach and small intestine walls, after which it enters the bloodstream. Alcohol stays in the bloodstream until it is metabolized by the liver.

Impaired driving statistics from the Centers for Disease Control and Prevention ("CDC") and the National Highway Traffic Safety Administration ("NHTSA") indicate shocking figures:

Every day, 29 people are killed in auto accidents involving drunk drivers in the United States. This is a staggering figure, as it means that one person is killed by drunk driving every 50 minutes.
Between 2006 and 2016, drunk driving accidents claimed the lives of more than 10,000 people per year.
In 2016, alcohol impairment was responsible for 28% of all fatal car accidents in the United States.
Children are killed by drunk drivers. In 2016, there were 1,233 traffic fatalities affecting children under the age of 14, with a drunk driver accounting for 17% of the deaths (214).
Car accidents are caused by drugs other than alcohol in about 16% of cases.

BAC Levels

Blood Alcohol Concentration ("BAC") is the usual method for determining a person's state of intoxication. The BAC is the weight of alcohol divided by the volume of blood. "g/dL" - grams per deciliter – is the most prevalent BAC measurement (one-tenth of a liter).

The danger of a crash is significantly significant with a BAC level of 0.08 g/dL, for example. Drunk drivers with a blood alcohol concentration (BAC) of 0.08 g/dL or higher are involved in approximately 33% of all fatal auto accidents in the United States. As a result, all 50 states, the District of Columbia, and Puerto Rico have declared it illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08 g/dL or higher. It does not, however, imply that driving with a BAC of less than 0.08 g/dL is risk-free. Even the tiniest amount of alcohol can damage a person's ability to drive. According to the National Highway Traffic Safety Administration ("NHTSA"), 2,017 vehicle crash deaths occurred in 2016 involving drivers with blood alcohol levels of less than 0.08 g/dL - ranging from 0.01 g/dL to 0.07 g/dL.

Particular levels of impairment are connected with specific levels of blood alcohol content, according to data from both the CDC and the NHTSA.

Speeding

Everyone on the road is put in danger when someone speeds. People in the modern world have hectic schedules, but that is no justification for speeding. Speed limits were put in place for a reason: to keep drivers and those around them safe. In the United States, however, speeding is a severe issue. Over the last two decades, speeding has been blamed for about a third of all fatal traffic accidents. In 2016, 10,111 people died as a result of speeding.

Even while traveling at the speed limit, bad driving circumstances, such as bad weather, poor lighting, and road repairs, can make it dangerous to travel. When someone drives faster than the speed limit in these conditions, however, it is a prescription for tragedy.

According to the National Highway Traffic Safety Administration ("NHTSA"), speeding is a form of aggressive driving that can be impacted by the following factors:

Schedules that are too full. Some people have an excessive number of professional and personal obligations. As a result, whether they are running late for an appointment — a business meeting, school, college, or another – these drivers begin speeding.
Traffic congestion. People drive longer distances, and there are much more cars on the roads today than there were 20-30 years ago. Reasonable drivers, on the other hand, must be able to regulate their frustration. Instead of coping with traffic in a reasonable manner, some drivers use aggressive tactics such as speeding, frequent lane changes, and even road rage and hatred at anyone who may be "in their way."
Detachment. Drivers instinctively operate as observers rather than participants since they are shielded from the outside world in their cars. As a result, behavioral limitations are relaxed, and drivers are more likely to speed.
Recklessness. Some drivers are just unconcerned with the law, traffic rules, or the health and safety of other road users. These drivers speed, race, make aggressive lane changes and engage in road rage with full knowledge that they are harming those around them, whether it is due to poor impulse control or pure delight.

If you or a loved one has been wounded as a result of another driver's careless speeding, you'll need the help of a Los Angeles Car Accident Lawyer you can trust.

Violations Related to Red Light/Stop Signs

Intersections continue to pose some of the highest levels of risk and danger for vehicles in the United States. At or near junctions, more than half of all fatal and injury crashes occur. According to the NHTSA, fatal incidents at traffic signals included 9,951 vehicles in 1999 and 2000. Red-light running is one of the most common causes of intersection collisions. Drivers who run red lights cause about 150,000 accidents each year, with 700-800 of these being deadly. Younger drivers (30 years old and younger) are significantly more likely than drivers of other ages to run a red light.

Driving in the Wrong Direction

Even while wrong-way crashes are uncommon, when they do occur, they are almost always devastating, with the majority of fatalities.

Even "near miss" incidents can be exceedingly devastating psychologically. Wrong-way collisions are always a surprise. Wrong-way wrecks are particularly fatal due to the high speeds at which they often occur and the prevalence of alcohol or drug intoxication. A motorist has limited seconds to react due to the physics of the circumstance – namely, the combined speeds of the vehicles in a head-on collision situation.

Unfortunately, a few seconds is nearly never enough to avoid a fatal collision. For example, if both vehicles are going at 65 miles per hour, the time to contact and force of impact will be the same as if they were moving at 130 miles per hour towards a stationary target.

When a driver goes in the incorrect direction, this is known as wrong-way driving. The following are the three most prevalent scenarios:

Through the exit ramp, a driver entered a freeway or highway.
The driver drove across a median and into oncoming traffic.
The car entered the oncoming lane of a two-lane road that was not separated.

Due to alcohol or drug drunkenness, inattention or distraction, bewilderment, or weariness, an offending driver frequently passes many warning signs, such as "Do Not Enter" and "Wrong Way." However, the driver does not see these warnings. Drivers that enter a freeway by the exit ramp frequently merge to the right, assuming they are in the "slow" lane while, in fact, they are in the approaching traffic's fast lane.

According to the National Transportation Safety Board ("NTSB"), around 82 percent of wrong-way crashes involve "front-to-front" or "head-on" collisions at highway speeds, in which both vehicles were proceeding in the same lane toward each other. Another sort of wrong-way collision is a median crossing collision.
According to the National Transportation Safety Board's review of data from 2004 to 2009, out of 9,393 accidents on divided high-speed motorways, about 261 (2.77 percent) were fatal wrong-way crashes. The majority of head-on collisions occur on two-lane roads without median dividers, according to studies by the Federal Highway Administration ("FHWA") and Highway Safety Information Systems ("HSIS").

Wrong-way driving accidents appear to be on the rise in California. In 2011, for example, 27 people died in California wrong-way crashes. In 2012, however, the number of deaths nearly doubled to 53. The wrong-way fatality rate reduced slightly in 2014, but 44 individuals were still murdered.

Wrong-Way Driving Accidents: What Causes Them?

The following are the most prevalent causes of wrong-way accidents, according to NHTSA data and study by traffic safety experts:

Drunk driving. Drunk drivers account for more than half of all wrong-way collisions. The blood alcohol content (BAC) of the offending motorist usually exceeds the legal limit of 0.08 g/dL.
Drug intoxication. Drivers under the influence of drugs are responsible for about 4% of all wrong-way accidents.
Getting Older. Senior drivers make up a disproportionately large percentage of drivers engaged in wrong-way crashes. These phenomena could be explained by senior drivers becoming confused or disoriented when it comes to traffic and warning signals. As a result, people start driving in the wrong way unintentionally.
Driving at Night. Over 70% of wrong-way driving accidents happen at night. The majority of these crashes occur between 10:00 p.m. and 6:00 a.m., with a peak between 2:00 a.m. and 6:00 a.m. Drunk drivers are most likely to leave bars and parties and hit the road at night. This is also the time of year when poor illumination and visibility, as well as weariness, confusion, and exhaustion, make it more likely for even sober drivers to miss warning signs or fall asleep behind the wheel.

Falling Asleep While Driving

According to the United States Centers for Disease Control and Prevention ("CDC"), around 40 million adults (about 30% of the population) sleep 6 hours or less per day.

People in the healthcare, transportation and warehouse industries are the most sleep-deprived. Because a high proportion of sleep-related incidents occur while tired and sleep-deprived persons are getting off work, this problem has a substantial impact on traffic safety. Young adults (mainly men), shift workers, and people with children are the most common victims of sleep-related accidents.

According to the CDC, about 4.2 percent of American adults admitted to falling asleep behind the wheel in the previous month. California is third in the nation in terms of the number of drivers who fall asleep behind the wheel, according to statistics. The statistics' numbers are based on reports. Because many either do not report it when questioned or do not know they have fallen asleep behind the wheel, the actual number of people who fall asleep while driving is most certainly higher.

Almost seventy-five percent of adults in the United States drive to and from work. According to the National Sleep Foundation's ("NSF") 2005 "Sleep in America" poll, many people drive while fatigued, and the results are staggering:

Approximately 168 million persons (60 percent of adult drivers) said they had driven a car while fatigued or tired in the previous year.
Approximately 103 million people (37 percent of drivers) admitted to falling asleep behind the wheel.
Thirteen percent of those who fell asleep behind the wheel said it happened once a month or more regularly.
Approximately 11 million people (4 percent of drivers) said they've been in an accident or a "near-accident" because they were either too tired to drive or fell asleep behind the wheel.

Rollover Accidents

When a car flips one or more times and ends up on its side or on the roof, it is called a rollover crash. A vehicle may come to a halt on its wheels at any time. When it comes to fatal wrecks, traffic safety experts believe that rollovers are particularly deadly and represent some of the most dangerous incidents. Rollovers are particularly dangerous.

Rollover accidents are caused by a variety of factors. According to the National Highway Traffic Safety Administration's data research, about 85 percent of all fatal rollovers featured a single vehicle, and more than 90 percent of these rollover fatalities happened when vehicles were conducting relatively simple maneuvers. Drivers' reckless behavior, such as distracted driving, speeding, and driving while intoxicated, are key causes of rollover crashes, according to this research. Other key considerations include the vehicle's make, model, and location, as well as the surrounding surroundings.

Rollover Accidents: What Causes Them?

Vehicle Make and Model. Although any vehicle can be involved in a rollover accident, vehicles with a higher center of gravity – such as SUVs, full-size vans and minivans, and pickup trucks – are more vulnerable. SUVs have grown in popularity. Many individuals have a false sense of security and assume that SUVs are safer than automobiles because of their size. According to a 2005 survey performed in the United States, nearly 40% of those polled stated that they felt safer in an SUV. SUVs, on the other hand, accounted for 37% of deadly crashes, while cars accounted for 15%.
Seat Belts. According to studies, the majority of fatalities in rollover collisions are caused by passengers who were not wearing seat belts at the time of the accident. Unbuckled passengers (and drivers) have a nearly twofold risk of mortality due to the chance of being thrown from the car after a crash.
Speed. Speeding is one of the leading causes of rollover accidents, accounting for roughly 40% of fatal rollover incidents.
Driving Under the influence. Drunk driving is responsible for around half of all rollover fatalities. A single drink can cause a driver's nervous system to malfunction, resulting in a rollover accident.
Location. Highways in rural areas and other sites with relatively high-speed restrictions – 55 miles per hour or higher – were involved in nearly 75% of fatal rollover events.

Rear-End Collisions

When a car collides with the car in front of it, it is called a rear-end collision. According to the National Highway Safety Administration ("NHTSA"), rear-end collisions are extremely common, accounting for over 30% of all auto accidents in the United States. Rear-end collisions account for 6% of all fatal auto accidents. Most of the time, these collisions happen when the front car is slowing down or braking.

Rear-end Collisions: What Causes Them?

Speeding. Speeding is a factor in many rear-end collisions. When a vehicle in front of a speeding car abruptly brakes or stops, the speeding car does not have enough time to slow down or stop in time to avoid colliding with the vehicle in front of it.
Driving while distracted. Rear-end collisions are frequently caused by inattentive or distracted driving. This occurs because distracted drivers pay less attention to their surroundings, including:

Vehicles in front of you have their brake lights turned on.
the actions of other motorists (e.g., aggressive driving, frequent lane changes)
conditions on the road
weather (for example, moderate rain or a slightly damp road surface can cause a car's tires to skid and the car to hydroplane - slide uncontrollably due to a loss of tire grip)
signage on the road

Tailgating

According to studies, most drivers do not pay attention to the distance between their car and the car in front of them. Drivers, on the other hand, pay attention to the rate at which this distance changes; if the distance remains constant, drivers are lulled into a false sense of security, and their attention is diverted elsewhere.

When drivers take their eyes off the road and the cars in front of them, they lose the ability to react quickly to rapid changes, such as a car slamming on the brakes in front of them. Even with the most advanced safety technologies, such as Automatic Collision Avoidance Systems, it is still recommended to follow the ancient rule that the following distance should be one vehicle length for every 10 miles per hour of speed.

The Costs You Should Expect Following a Car Accident

Property Loss

The costs of a car accident begin to mount on the first day. Your vehicle may begin to cost you time and money as soon as it is towed from the scene. The following expenses may be incurred as a result of property damage:

Towing Charges

Your vehicle will most likely be towed to a tow yard if it is undrivable. You may need to transport your automobile to a body shop, your home, or even a salvage yard at some point, which can result in three to four tow fees.

Storage Charges

When your car sits at a yard or a body shop, it's likely incurring daily storage charges, especially if you're waiting for an insurance company inspection. Yards may also charge additional costs. In Los Angeles, storage rates are very exorbitant, and a Los Angeles Personal Injury Attorney can help you bargain some of these charges.

Car Rental

After an auto accident, you'll need reimbursement for a rental car while your vehicle is being inspected, fixed, or replaced. If you were unable to drive due to your injuries and were denied a rental vehicle while waiting for the other insurance company to acknowledge responsibility, a California Personal Injury Attorney can assist you in obtaining compensation for your loss of use.

Costs of Repair

You may receive numerous quotes, the shop may have to wait for parts, or the company may discover further damage after beginning repairs. It's vital that your insurance provider pays enough to thoroughly repair your vehicle.

Vehicle Replacement

If your vehicle is ruled a total loss, a California Car Accident Lawyer can review the report and features of your vehicle to verify you're obtaining a fair replacement price.

Personal Property

When objects within your vehicle are damaged, ranging from little, common items like mobile phones to pricey and required equipment like handicap car lifts, it's critical to be compensated.

Medical Expenses

Medical expenditures can quickly mount after a car accident. Ambulance and emergency room expenditures, doctor appointments and check-ups, chiropractic appointments, physical therapy, continued treatment, and other expenses are among them. Some incidents result in minor scrapes and bruises, while others result in crippling injuries that last a lifetime.

Loss of earnings

There will be missed wages and productivity if you are unable to work due to auto accident injuries. An L.A. Car Accident Lawyer can help you figure out how much money you've lost and get paid for the time you've missed at work. Nobody expects to be in a car accident, and if you are wounded, you may not be able to return to work. Even if your predicament becomes permanent, you should not be held liable for missed pay while you recover or are unable to work.

Pain and Suffering

A car collision doesn't just cost money in terms of physical harm. Along with a physical injury, the auto accident victim may experience pain and emotional stress, which can cause needless suffering. Your capacity to work and your quality of life may be harmed as a result of your pain and emotional stress. Another expense that may be concealed or unforeseen is pain and suffering.

Wrongful Death

Every death is tragic, but wrongful death is the legal term for when someone is killed as a result of someone else's fault, even in the case of an auto accident. When this happens, the deceased's loved ones have the right to seek financial recompense. This compensation is seen as a measure to keep the responsible party accountable and, in some ways, to punish or deter the guilty party. If the other motorist was inebriated or driving recklessly and caused your loved one's death, they may be held responsible for wrongful death.

Procedure and Deadlines

Personal injury lawsuits relating to auto accidents are typically brought in civil court and are classified as personal injury cases. The plaintiff (the person who files the case) wants to sue the defendant for money (the person being sued). Here's a quick rundown of the stages required in starting a lawsuit.

Make a formal complaint.

The filing of a complaint with the court is the initial step in pursuing an automobile accident case. This section contains a full account of what happened, the damages you're alleging, and the legal grounds for filing the action. You must bring your lawsuit within the statute of limitations in your state, which in California is two years from the date of the accident that caused your injuries.

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The complaint should be served to the defendant.

You must notify the defendant that you have filed a lawsuit against them after filing your complaint with the court. This is known as serving the complaint,' and it must be done according to precise criteria in order for the court to deem the document properly served.

The defendant responds to your complaint.

This response will typically include admission or denial of the factual accusations in your complaint, as well as any legal defenses.

Discovery.

Both parties will request and share information after the complaint and answer have been filed in court. The term for this procedure is "discovery." You may be requested to produce documents, answer written questions, or take depositions pertaining to the matter during this phase. Likewise, the defendant will have the option to do so.

Trial.

Following the completion of discovery, both parties will convene and submit their arguments to a judge or jury. If one side's evidence is overwhelming, the matter may be settled before it goes to trial. Otherwise, both the plaintiff and the defendant will be given a chance to present evidence, produce witnesses, cross-examine the opposing party's witnesses, present experts, and so on. Following the conclusion of the trial, the judge or jury will deliberate and give a verdict in favor of either the plaintiff or the defendant, based on a "preponderance of evidence" supporting their claim, and a judgment will be issued, including any compensation awarded.

It is not easy to file a personal injury lawsuit for your vehicle accident claim. It necessitates a great deal of talent and experience. This is not a task that the average individual can successfully complete on their own.

Find A Car Accident Attorney in Los Angeles

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