Car accidents are common in California, the Causes of Car Accidents are important to learn because they often lead to significant, sometimes catastrophic, or fatal injuries. The report on Fatal Motor Vehicle Crashes for 2017, published in October 2018, showed that a total of 37,133 people got to kill in motor vehicle traffic crashes on U.S. roadways during 2017, and of those, 3,602 fatalities were in California. Additionally, according to a recent report conducted by the National Highway Traffic Safety Administration. An early estimate of fatalities for the first half of 2018 reflected 17,120 traffic fatalities.
Have you suffered injuries in a car accident in Southern California? Prestige Law Firm has extensive experience handling a range of motor vehicle accident disputes. Including car accidents, in the San Fernando Valley and Greater Los Angeles Area, Southern and Northern California, and the Antelope Valley. Contact our firm today to speak with a Los Angeles car accident attorney about your claims.
Car accident claims, like various other personal injury claims, may involve a broad range of negligent, reckless, and wrongful acts. The litigation strategies will vary significantly based on the circumstances surrounding the car accident. Simply put the sort of investigation and case management necessary to succeed in a drunk driving dispute will differ from the research. And case handling necessary to succeed in a product defect dispute.
When you move forward with car accident litigation, it’s important that you consult with a skilled team of attorneys. The one who understands how to present an effective case strategy that tailors to your particular circumstances. At every stage of your case, a highly credible and knowledgeable expert requirement is a must. At Prestige Law Firm, we work with the best experts in the industry to effectively build up your case from the very beginning to maximize recovery for you. Don’t talk to the insurance companies until you have consulted with us.
Often, injured plaintiffs may be confused as to whether they have an actionable claim for damages. Let’s take a brief look at some of the factors that may lead to car accidents. And try to know that why Causes of Car Accidents are important to learn.
Distracted driving is quite common, and has been increasingly problematic, given the ubiquity of cell phones in today’s world. Perhaps the most dangerous aspect of distracted driving is the fact that the erratic driving behavior at issue may not necessarily be predictable.
For example, suppose that you are driving on a highway. When the defendant-driver suddenly merges into your lane without using their turn signal and without giving you sufficient time to react. In a situation involving a continuously erratic driver. You would have noticed that the defendant was operating their vehicle in a reckless manner, causing you to keep your distance.
So in this case, however, the defendant received a text message, which distracted them for just a moment and caused them to swerve into your lane, leading to the accident. You would not have had advance warning of the risks involved.
There are a number of facts that will help you establish that the defendant got a distraction at the time of the accident. If the defendant-driver distract by an intense argument between family members riding in the backseat. You may be able to secure admission by introducing the family members as witnesses. When the defendant was talking or texting on their phone at the time of the accident. However, you are maybe to secure their call/text logs and evaluate the timestamps.
Speeding or irresponsibility are the most common Causes of Car Accidents, in California and elsewhere. Driving at an excessive speed – in violation of traffic regulations, and relative to other traffic on the road – is a negligent act perpetuated by so many individuals. On a daily basis, that people tend to forget just how dangerous it can be.
If the defendant were driving at an excessive speed. It could not only directly contribute to the accident itself (i.e., the defendant lost control of their vehicle due to the speed. Or he could not come to a complete stop before a collision occurred), but it could also significantly enhance the severity of a car accident. The impact force of a rear-end car accident in which the defendant is traveling at 90 miles per hour is almost certainly going to cause severe injuries including. But not limited to brain injuries. Injuries can also cause at lower speeds with minimal damage to the cars.
However, insurance companies will often use the myth that low-impact accidents cannot cause bodily injuries. This is an absolute myth created by insurance companies without any scientific foundation or search. There has been no scientific peer-reviewed research that states that a low-impact accident may not cause injuries. Insurance companies have spent millions of dollars promoting this non-scientific theory. At Prestige Law Firm. We work with qualified Accident Reconstruction Experts with Engineering degrees that have written articles proving this to be a big myth created by insurance companies to deny fair compensation to injured plaintiffs. Work with these experts to fight the insurance companies to get you the compensation. You need regardless of how low the impact to your car was at the time of the accident.
Proof of speeding can establish in several ways. Surveillance footage is direct and extremely valuable, but oftentimes, there is no video evidence of the incident. Instead, you may be able to utilize an accident reconstruction expert to help you piece together the forces that led to the accident, providing insight into the likely speed of the defendant-driver at the time of the accident. At Prestige Law Firm, we have in-house and trusted third-party investigators and accident, reconstruction experts. Who can comprehensively evaluate the accident and how it came to pass.
In California, and elsewhere Causes of Car Accidents are important to read because it’s necessary. Those who injures in car accidents may sue and recover damages on the basis of the defendant having committed a negligent, reckless, or intentional act that caused the injury.
Reckless accidents can be difficult for many first-time plaintiffs to understand. The acts fall somewhere between negligent acts and intentional acts in terms of severity. What separates a negligent and reckless act is the party’s intent and level of knowledge. A negligent act involves unknowing risk-taking that exposes others to an unreasonable risk of harm of which the defendant should have known. Whereas reckless acts involve “knowing” risk-taking that exposes others to an unreasonable risk of harm.
In the car accident context, speeding 10 miles per hour above the speed limit may understand mere negligence. Whereas racing cars on a local road would deem “knowing endangerment” and therefore reckless conduct. Drunk driving also qualifies as a reckless act in California.
Drunk Driving also involves in the Causes of Car Accidents. This kind of accident is unfortunately common, despite consistent efforts by various private and public entities to combat the issue. With the increasing popularity of ridesharing applications (i.e., Uber and Lyft). However, those who become intoxicated have more options than ever before to return home safely.
If you got injured in a drunk driving accident. A court may choose to award “bonus” punitive damages depending on the circumstances. The prospect of punitive damages can help you gain additional leverage during early settlement negotiations.
Many plaintiffs worry that the criminal charges brought against a defendant-driver. In drunk driving, the accident will affect or somehow interfere with the civil lawsuit. This is not a legitimate concern, however. In fact, even if the defendant escapes criminal liability, you may still be successful in your civil case. Criminal litigation requires a higher burden of proof compared to that of civil litigation (“a preponderance of the evidence or more likely true than not true”). Simply put, it’s possible to secure monetary compensation in your civil case, even if the defendant wins their criminal case.
Poor roadway conditions are another way of Causes of Car Accidents. All drivers have a duty to act in such a way as not to expose others to an unreasonable risk of harm under the circumstances. When the weather or roadway conditions are poor (i.e., heavy rain, potholes, cracks, etc.), drivers must alter the operation of their vehicle accordingly.
If rain leads to low visibility, for example, then drivers must slow down and pay close attention to the road so that they can react to sudden and erratic movements. Or to a loss of control. When road conditions are poor, it is not “enough” to adhere to the speed limit, for example. One must change their speed and their driving, generally, to minimize the risk of an accident.
When changing lanes, drivers must signal and ensure that there is sufficient room to merge without forcing the driver in the target lane to make a sudden deviation. Such as coming to a stop, moving out of the way, or rapidly accelerating or decelerating, in order to avoid a collision.
Circumstantial factors may influence the determination that the defendant’s lane-changing behavior is unsafe. For example, if the defendant force out of their lane and into yours by virtue of a sudden emergency. Then they may be able to avoid liability by asserting the “sudden emergency” defense.
Poor visibility can have a significant influence on the likelihood of a car accident. In particular, situations where the defendant-driver does not modify their behavior so as to minimize the risk of harm. For example, if a driver is making a sharp turn. And there is limited visibility around the curve, then they should reduce their speed accordingly.
If the limited visibility is due to some dangerous condition of the roadway/adjacent property. Well, it is worth noting that there may be a premises liability claim against the individual or entity who controls the property that is causing the visibility issue. For example, if you are driving on a road, and the city has failed to properly maintain the adjacent park property, thus leading to hanging trees that block visibility. Then you could ostensibly sue and recover damages from the city in the event that you got an injury as a result.
Product defects, such as design or manufacturing, often contribute to the Causes of Car Accidents in California. And elsewhere, though such lawsuits can be rather difficult to win. Product defect lawsuits in California operate on a “strict liability” basis and therefore do not require the injured plaintiff to prove that the defendant-manufacturer negligently created the defect. The plaintiff must still show that the product was actually defective, which can be an enormous challenge. Further, manufacturers tend to have significant resources at their disposal and are willing to litigate aggressively to prevent others from coming forward with similar claims.
Given the inherent difficulty of litigating a product defect lawsuit in the car accident context. It’s critical that you consult a Sherman Oaks car accident attorney who has experience handling such claims.
Wrong-way driving typically occurs in one of two situations. In 1st situation, the defendant driver is distracted, intoxicated, or otherwise negligent in failing to recognize that they’re driving the wrong way. During 2nd situation, the roadway is not adequately mark, thus leading to a wrong-way car accident. Wrong-way driving is almost certainly indicative of liability on the part of some individual or entity. If you are injur in a wrong way driving-related accident. Then you are likely to find it easier to litigate your claims and secure damages.
Road rage incidents can be quite frightening, leaving the victim in an emotionally frazzled state. Even if they have not been physically harmed. There are, of course, “levels” of severity when it comes to expressions of road rage, with some incidents simply involving a few curse words and angry gestures. And others involving a full-blown car chase on the highway in which the defendant-driver tails your vehicle and attempts to slam into your rear.
If you’ve been injured in a road rage accident. Maybe you entitled to substantial damages. And if the circumstances are sufficiently egregious and malicious, the court may choose to award bonus punitive damages.
Driving while fatigued or sleepy — in other words, drowsy driving — is a frequently underestimated danger. Sleepy driving is a regular issue in both personal and commercial contexts. Many drivers on longer trips, or even on their morning commute, may fail to get adequate rest before operating their vehicle. Without adequate rest, the driver may experience functional deficits that are akin to driving while intoxicated, thus exposing others to an unreasonable risk of harm.
In the commercial context, drivers may be force into driving schedules that take a toll on their body and mind and force them to forego sleep in order to meet their deadlines. This can lead to significant sleep deprivation and drowsiness that increases the risk of a car accident.
If you injure in a car accident that was caused by the negligence or wrongful misconduct of another party. Then you may be entitled to significant compensation under California law. Car accident litigation can be more complicated than you might initially expect, however.
We encourage you to contact an experienced Los Angeles car accident attorney at Prestige Law Firm for assistance. Call (818) 788-0808 or request an appointment online to schedule a free and confidential consultation today.
