Car Accident Lawyer in Los Angeles

California Car Accident Laws & Regulations

California car accident laws are designed to ensure that victims of car accidents receive proper compensation and that all drivers adhere to safe driving practices. These laws cover a range of aspects, from determining fault to mandatory insurance requirements and reporting obligations.

Fault & Liability in Auto Accidents

California follows a "fault" system, meaning that the driver who is determined to be at fault for causing the accident is financially responsible for the damages. This is typically established through evidence such as police reports, witness statements, and accident reconstructions. California also operates under the "comparative negligence" rule, which means that if multiple parties are found to be at fault, the responsibility for damages is distributed according to each party’s degree of fault. For example, if a driver is found to be 30% at fault for an accident, they are liable for 30% of the damages.

Insurance Requirements for Los Angeles Drivers

Drivers in California are required to carry a minimum amount of liability insurance to cover damages or injuries they may cause in an accident. The minimum coverage requirements are $15,000 for injury or death to one person, $30,000 for injury or death to more than one person, and $5,000 for property damage. While these are the minimum requirements, many drivers opt for higher coverage to better protect themselves in the event of a serious accident. Uninsured and underinsured motorist coverage is also available, providing additional protection if the at-fault driver lacks sufficient insurance.

Reporting & Legal Obligations After a Car Accident

In California, drivers involved in a car accident must stop at the scene and exchange information with the other parties involved, including names, addresses, driver’s license numbers, vehicle registration numbers, and insurance information. If the accident results in injury, death, or property damage exceeding $1,000, drivers must report the accident to the California Department of Motor Vehicles (DMV) within 10 days. Failure to report can result in penalties, including suspension of driving privileges.

Understanding the Statute of Limitations

The statute of limitations for filing a personal injury lawsuit in California is generally two years from the date of the accident. For property damage claims, the limit is three years. It is crucial to file claims within these timeframes, as missing the deadline typically results in the loss of the right to seek compensation through the courts.

Comparative Fault & How It Affects Claims

California’s comparative fault rule means that even if a driver is partially at fault for the accident, they can still recover damages. However, their compensation will be reduced by their percentage of fault. For instance, if a driver is awarded $100,000 in damages but is found to be 20% at fault, they will receive $80,000. This rule encourages fair distribution of damages based on the degree of responsibility.

It is also important for drivers to understand how their insurance policies can impact their compensation following an accident. Policies often include clauses about what expenses are covered and the process for filing a claim. Navigating these intricacies requires careful attention to detail and understanding of the policy terms to maximize any potential payouts. Drivers are encouraged to review their insurance policies and consult with legal professionals to make informed decisions about their coverage and claims process.

Steps to Take Following a Car Accident 

You must take several important actions immediately after a car accident.

These include:

Beyond immediate actions, consider keeping a detailed record of all interactions and communications following the accident. This includes tracking medical appointments, keeping receipts for any expenses incurred, and maintaining a log of how the accident has affected your daily life and employment. All these pieces of information give you comprehensive evidence that might be crucial when dealing with insurance companies or any legal proceedings. Furthermore, seeking psychological counseling or support can also be beneficial in addressing any mental or emotional trauma sustained.

What Are the Most Common Car Accident Injuries?

Head Injuries

Drivers and passengers could end up with traumatic brain injuries, skull fractures, and even concussions. When a crash happens, your head can be thrown in any direction, depending on where the impact occurred. This may cause your head to bump into the dashboard, steering wheel, or window.

Chest Injuries

Chest injuries include broken ribs or bruises after the chest hits the steering wheel during a crash. Even passengers wearing seatbelts can bruise their chests during a crash due to the sudden impact force.

Back Injuries

Back injuries can range from soft tissue damage to serious spinal cord trauma. Spinal cord injuries, in particular, carry significant risk and can result in lasting disability or paralysis.

Soft Tissue Injuries

A car accident may damage soft tissues such as muscles, ligaments, and tendons. These injuries may be caused by whiplash. During whiplash, the ligaments and muscles in the neck are hyperextended, which causes pain and discomfort in the head, upper back, and neck.

Understanding the potential severity of these injuries is crucial, as they can affect every aspect of an individual's life, from mobility and independence to employment and personal relationships. Early medical evaluation and intervention are vital in mitigating the long-term impacts of these injuries. Rehabilitation therapies, such as physical therapy, occupational therapy, and in some cases, psychological therapy, can play a critical role in recovery and improving quality of life after an accident. Staying informed about your healthcare options and advocating for your needs is paramount in managing the aftermath of a car accident injury.

The Types of Compensation Available After a Car Accident

If you have been involved in a car accident in Los Angeles, different types of compensation may be available depending on the details of your case. The legal process allows injured individuals to pursue payment for both financial (economic) and non-financial (non-economic) losses. Understanding these categories will help you prepare for discussions with your legal team.

Economic damages refer to actual, out-of-pocket expenses, including:

• Medical expenses for treatment, surgery, hospital care, rehabilitation, and medication
• Lost wages and diminished earning capacity due to missed work days or long-term inability to return to your job
• Property damage covering repair or replacement of your vehicle and other damaged belongings
• Other related costs, such as transportation expenses or in-home care

Non-economic damages address harm that cannot be easily measured in dollars, such as:

• Pain and suffering related to physical injuries
• Emotional distress or trauma after the crash
• Loss of enjoyment of life if your injuries keep you from favorite activities
• Impact on family relationships, sometimes called loss of consortium

Fatal Auto Accidents: Understanding the Consequences

Fatal auto accidents are a tragic reality, with profound impacts on families and communities. Crashes that result in loss of life leave loved ones grappling with grief and financial burdens. In Los Angeles, the high volume of traffic and numerous roadways can unfortunately increase the likelihood of such devastating accidents. In addition, factors such as distracted driving, excessive speed, and impaired driving tragically contribute to the occurrence of fatal accidents.

In the wake of a fatal accident, legal representation is vital to navigate the complexities of wrongful death claims and to ensure fair compensation for the victim’s family. At Carpenter & Zuckerman, we are committed to holding responsible parties accountable and pursuing justice for families impacted by such immense loss. We handle these sensitive situations with compassion and determination, providing our clients with the legal insights they need during trying times.

Local Hotspots for Car Accidents in Los Angeles

Los Angeles is a sprawling metropolis with a network of busy highways and intersections known for high accident rates. Areas like the 405 Freeway, Interstate 10, and the infamous intersection of Hollywood and Highland are notorious for traffic congestion and frequent accidents. Understanding these local hotspots can help drivers exercise increased caution and awareness to avoid potential incidents.

Some of the most dangerous intersections in Los Angeles include:

• Roscoe Blvd. & Reseda Blvd.
• Western Ave. & Florence Ave.
• Burbank Blvd. & Sepulveda Blvd.
• Florence Ave. & Vermont Ave.
• Sherman Way & Sepulveda Blvd.
• Manchester Ave. & Figueroa St.
• Van Nuys Blvd. & Roscoe Blvd.
• Victory Blvd. & Coldwater Canyon Ave.