Car Accidents
Let's Talk About Car Accidents
A car accident usually occur between at least two or more cars. Some car collisions in Los Angeles are multi-vehicle accidents which involve three or four cars. Car accidents typically result in property damage to the vehicle and personal injury to the drivers or the passengers. It is important to remember that personal injury is not required for a traffic collision; as long as there is a minimal property damage that will be considered a vehicle collision.
Property damage to a vehicle can include something as minor as scratches or dents to more serious issues like engine or frame damage which may cause the car to be a total loss. Personal injury damages can include minor sprains to broken bones and traumatic brain damage.
How Does a Car Accident Occur?
There are a variety of internal and external factors that can cause a vehicle collision. Internal factors include human error, while external causes include such as poor road conditions. The following list includes some, but not all, the reasons why a car accident may occur:
Failing to Obey Traffic Laws
Failure to obey driving regulations will certainly lead to a vehicle accident. This can include factors like a rolling stop which the driver does not come to a full and complete stop at a stop sign, incorrectly signaling when switching lanes, running a stoplight, changing lanes erratically or cutting drivers off, or other violations of the California vehicle code.
Speeding
Speeding is the most common cause of an accident in Los Angeles. When speeding, it becomes more difficult to stop your vehicle on time, whether for a stop sign or stoplight or to avoid another driver that could be changing lanes. It is also the single most important cause of rollover crashes. You must abide, at all times, by the posted speed limit, and this is especially true in school zones or construction zones, or in residential neighborhoods.
Distracted Driving
Unfortunately a leading cause of car collision is distracted driving. Distracted driving is statistically similar to impaired driving because you are not giving adequate attention to how you are driving. The number one reason for distraction is the use of cell phones while driving, either talking or texting. It is illegal to talk or text while driving in California. Distracted driving can also take other forms, such as loud music or passengers that are being disruptive. Make sure that you put your phone away when you are driving; do not text and drive or access apps on your phone. If you need to talk while you drive, you must use a hands-free method, such a speaker phone.
Malfunctioning Vehicle
A malfunctioning vehicle is another potential cause of a car accident. It is necessary to make sure that the vehicle is running properly, with special attention paid to:
Engine: Are there any mechanical problems with the engine or transmission? A faulty engine component of a slipping transmission can be a cause of a car accident. For example, if the transmission is slipping, the engine will not be able to transfer rotational energy to the wheels. If a driver pulls out onto a main road, other drivers behind may perceive that the driver ahead will gain speed as normal. However, if the transmission is slipping, the driver, try as they might to accelerate, will not be able to move the vehicle and this can result in a rear-end collision.
Tires: Are the tires very worn? Is the tire pressure where it needs to be? Worn tires, over-inflated or under-inflated tires can lead to a blowout or poor performance in gripping the road. Tires with low tread or tires that have an improper air pressure level can contribute to a car accident. If a blowout occurs or if the tires are not gripping the road effectively, a car can spin out and/or suddenly lose speed. This can in effect lead to a rear-end collision or a side impact. As an example, if a blowout occurs when an individual is making a left turn, an oncoming driver can collide with the driver whose vehicle had a blowout.
Brakes: Are the brakes in optimal condition? The worse off the brakes are, the more difficult it is to come to a complete stop, especially at high speeds such as highway speeds. Ineffective braking can lead to different types of collisions, whether with another vehicle or property.
Turn signals: Are the turn signals fully operational? A vehicle’s turn signals are very important. Turn signals signal when a driver is going to make a left or right turn, and if the turn signals are faulty, the driver ahead or behind will not be aware of the turn that the driver is making. As a result, the other driver will be unprepared in their braking or navigating around/past the driver whose turn signals are defective.
Headlights and taillights: Are the headlights and taillights working properly? Properly working and lit headlights and taillights are crucial. Headlights allow other drivers to see oncoming traffic, whilst taillights are absolutely necessary to signal to following drivers that the vehicle in front of them is slowing or coming to a stop. Defective headlights could be cause for a head-on collision while malfunctioning taillights may lead to a rear-end collision.
Driving While Intoxicated or Under the Influence of Drugs
Alcohol use or other forms of intoxication is self-explanatory. Under no circumstances should you operate a motor vehicle if you are under the influence. An important note to keep in mind about impairment is that of prescription medication. It is necessary that you follow the directions of the prescription medication, and this may, at times, include not operating heavy machinery or driving a motor vehicle.
Likewise, if found guilty of operating a motor vehicle while impaired, the penalties are severe. Penalties can include stiff fines and vehicle impounding, in addition to jail time. If death results because of impaired driving, aside from the above penalties, a prison sentence could result.
Bad Weather Conditions
Weather conditions are another reason that can lead to a car accident. During and after a rain, especially in Los Angeles, drivers should remain vigilant of the fact that the roads are slippery. Be especially careful of other drivers by braking and maintaining the posted speed limit. When driving behind other drivers, maintain at least three car lengths behind the car in front of you in order to ensure you can fully stop in time and to avoid a rear end accident. Other weather conditions that may lead to a car accident include poor visibility that can arise because of foggy conditions or hail.
Hazardous Road
Poor road conditions is also another major contributing factor to traffic accident, especially in a crowded city like Los Angeles. Debris on the road which have fallen off trucks, such as ladders or trash cans, or fallen tree branches are very common. Road construction can also lead to serious accidents, such as open trenches and manholes. Finally, sudden dips, bumps or potholes in asphalt road pavements can also lead to both property and personal injuries in a car accident.
Bad Roadway Design
One of the least recognized causes of vehicle crashes is bad road designs. Negligent road design which can lead to an accident may include the following:
poorly designed roads with steep curves, inclines, or declines,
failure to post proper traffic signals,
sharp turns or turns where the visibility is poor,
traffic signage that not effectively illuminated.
What Are The Most Common Types of Car Accidents?
Los Angeles is a crowded and busy city, and this unfortunately causes a lot of accidents to occur. The following are some of the most common types of accidents occuring in the city:
Rear-end Accidents
Rear-end collisions are one of the most common types of accidents. The main causes of rear-end accidents are due to tailgating. California law recommends maintaining the 3 second rule between your car and the one in front of you. Other major causes of rear-end collision include distracted driving, speeding, and sudden stops or lane changes by the car in front of you which prevents you from stopping in time. Rear-end accidents often lead to very serious injuries, such as mild to traumatic brain injury, spinal cord injuries, and fracturing or breaking of the feet, hands, or legs. Less serious injuries include whiplash, bruises, headaches, ringing in the ears, or the onset of dizziness.
Head-on Accidents
Head-on collisions are generally caused by driving on the wrong side of the road, driving the wrong way on a one-way street, trying to pass a driver in the front but failing to see oncoming traffic, entering the freeway from the wrong entrance, making a left turn at a red-light without a direct line of sight of the opposing traffic, being distracted, and of course driving while intoxicated or high.
As with a rear-end collision, a common cause for a head-on collision is distracted driving. For example, if a driver is looking down at their phone for a prolonged period of time, there is the possibility they could drift into an oncoming traffic lane, resulting in a collision. An improper lane change is another cause of a head-on accident. For example, should a driver who is driving straight make the decision to change lanes, and they do so while they are not paying attention, there is the possibility of colliding with a driver who is making a left-hand turn at an intersection.
Injuries from head-on accidents are usually serious based on the speed of impact, and range from the possibility of minor to severe injuries. Minor injuries might include lacerations to the face or whiplash. Serious injuries can entail injuries to the back or spinal cord, trauma to the brain, dislocation of limbs, injuries to the clavicle, neck and shoulder injuries, or injuries sustained to the abdominal cavity.
T-Bone Accidents (Also Known As Side Impacts)
T-bone accidents or side impact collision are primarily caused by running a stop sign or a red light, or by failing to yield the right-of-way to the other driver. Other causes include not obeying traffic regulations, driving while under the influence of drugs or alcohol or being distracted by a cell phone. Just like other types of accidents, t-bone accidents may cause minor to serious injuries, such as concussion, trauma to the brain (traumatic brain injury), the herniation of vertebrae discs in the spinal column, broken/fractured bones, the onset of whiplash, the dislocation of limbs, paralysis due to fracturing or nerve damage of the spinal column, blunt trauma that can include crushing, or injuries to soft tissues. For those pregnant, it is also possible that a car accident can lead to a miscarriage.
Hit-and-Run Accidents
A hit-and-run accident occurs when one of the drivers in a vehicle accident fails to stop to exchange personal information or provide aid to anyone who is injured. Under California Vehicle Code Section 20001, a hit-and-run is a criminal offense which is punishable by imprisonment or by a fine, or both. Additionally, it doesn’t matter if the person who did not stop was not at fault. A person who is involved in any accident which results in damages or injuries must stop at the scene of the accident and exchange their personal contact information, vehicle registration information, and insurance information with all parties involved.
In the event that you are in a traffic collision, and the other driver does not stop, document as much identifying information about the other driver as possible. Information you want to document includes the make and model of the vehicle, the license plate number (if you are able to legibly make out the information), and a physical description of the offending driver.
Additional advice to help you with gathering information in the event of a hit-and-run accident is to consider the installation of a driver safety cam. Driver safety cams range in price, but they provide you with peace of mind knowing that the camera will have recorded vital identification information that you can then share with the authorities.
Red Light Accidents
If a driver runs a red light (stop light) and collides with another vehicle, property, or a pedestrian, this is known as a red light accident. Red light accidents are very serious because often, this type of accident will involve a high rate of speed. Think of someone trying to beat the light (a note, do not do that), or someone becoming impatient and simply proceeding through the red light.
As with other types of accidents, if you are a witness to another individual running a red light, try to document as much identifying information about the driver as you can. This includes the make and model of the vehicle, the license plate number, and a physical description of the driver. As mentioned above, do not, under any circumstances attempt to run a red light.
Intersection Accidents
An intersection is the juncture point where two or more roads meet. Intersection accidents commonly caused by one driver failing to yield to the other driver, or failing to effectively brake when coming to an intersection stop sign or stoplight. Other obvious reasons for intersection accidents include distracted driving and driving while under the influence.
Stop Sign Accidents
Stop sign accidents are similar to red light accidents in that they occur when a driver fails to come to a complete and timely stop. In addition, you may have heard of a ‘California stop,’ which refers to a driver ‘rolling’ through the stop where the driver treats the stop sign as a yield sign. However, even with a yield sign, it is often necessary to come to a complete stop to allow traffic that has the right of way to proceed, before entering the traffic flow.
Multiple-vehicle Accidents
Multiple-vehicle accidents comprise a traffic collision with three or more vehicles. As with other forms of car accidents, a multiple-vehicle accident can happen because of distracted or impaired driving or failing to yield. Other noteworthy causes of a multiple-vehicle accident can include driving at a high rate of speed and failing to slow one’s vehicle properly, and this can result in a rear-end collision with another vehicle, and subsequently can lead to other drivers in the traffic flow rear-ending the driver in front of them if they are not able to slow their vehicle in time.
Rollover Accidents
A rollover accident happens when a vehicle rolls over on its side or on its roof. Unfortunately the leading cause of rollover accidents is speeding, which causes a driver to lose control of the vehicle, especially in poorly designed roads.
For instance, if a road has a high degree of curvature and the driver is not adhering to the posted speed limit, or lowering their speed in bad weather conditions like an icy road, taking a turn too quickly can result in the tires losing traction. When this happens, depending on the force applied to the vehicle, the vehicle can end up tipping over onto its side or roof. Additional causes for a rollover might include faulty brakes that disable a driver from effectively slowing their speed when coming to a turn. Rollover accidents are especially dangerous because in most instances they lead to serious injury or death.
What Are The Most Common Types of Car Accident Injuries?
The type of injury that a driver or passenger sustains in a vehicle crash largely depends on the type of accident.
Whiplash
When the head is suddenly and with force, jarred back and forth, whiplash occurs. There are a range of symptoms associated with whiplashes, such as dizziness, stiffness, pain in the neck, the onset of headaches, and the possibility of trouble falling asleep and staying asleep because of the symptoms of whiplash. Whiplash occurs in most types of accidents, but is more common in rear-end collisions, head-on collisions and side collisions
Neck Injury
A neck injury from a car accident can manifest as mild to severe pain, and strained neck muscles, though it can also lead to a fracture. The symptoms associated with a neck injury may range from a stiff neck (difficulty in moving the head) to dizziness, or the onset of headaches. Depending on the severity of the neck injury, it is possible that daily activities may be disrupted. As with whiplash, a neck injury can occur because of sudden and violent movements of the neck, whether from a rear-end collision, head-on crash, or a T-Bone accident.
Fractures
A fracture is a serious injury that entails either partial or complete breaking of the bones. A fracture can happen in a car accident because of the sheer amount of force that the driver and/or passenger(s) can sustain in a collision. There are various symptoms of a fracture, such as one of the first obvious⸺pain. Other symptoms include swelling, difficulty in moving the area with the fractured bone (i.e., arms or legs), as well as bruising. If a fracture is severe, it is possible that there could be nerve and/or muscle damage. If nerve or muscle damage manifests from a fracture, surgery will probably be needed.
Lacerations
Lacerations are a common infliction from a traffic collision. Lacerations are cuts and they can take the form of superficial minor cuts, up to deep wounds, depending on the accident. For instance, if the windshield becomes smashed and glass is forced into the cabin of the vehicle, lacerations could be mild to moderate. On the other hand, if the driver and/or passenger are forced against seats or other structural components of the car, there is the chance that a deep wound could result from becoming impaled.
Contusions
A contusion is the medical terminology for a bruise. Contusions from a car accident range in size and severity and this is based on the force of impact and the location of impact. A bruise occurs when small blood vessels become damaged, causing them to leak. The resulting leak leads to a bruise.
The symptoms of a bruise range from mild to severe pain when touched, inflammation, and discoloration of the affected area. Generally, it is unnecessary to seek medical intervention for a contusion, though, if the bruises are moderate to severe, then consulting with a medical professional is wise for assessing the area to determine if there is underlying damage that requires medical treatment.
Sprains
When a joint is strained, either through becoming stretched or torn, a sprain results. Sprains are typically manifested in localized areas such as the ankles, knees, or wrists. The symptoms of a sprain are varied, though will typically take the form of swelling, pain, bruising, and difficulty in moving the affected area because of the pain. If you or your passengers experience a sprain from a car accident, consult with a medical professional so they can evaluate the injury to identify the extent of the injury and provide relevant treatment options.
Concussions
A concussion happens when the brain is violently and suddenly moved inside the skull. When this occurs, brain cells can become damaged and there may also be chemical changes to the brain. As with all other types of injuries, a concussion can manifest as mild to severe. However, no matter the severity of a concussion, because of the nature of the injury and the adverse symptoms that can arise, it is highly recommended that an individual promptly seek medical evaluation and intervention.
The symptoms of a concussion can include headaches, and difficulty with sleeping, such as insomnia, loss of memory, trouble with maintaining concentration, unconsciousness, the onset of seizures, and in severe cases, death can result if the concussion is very serious and left untreated.
Traumatic Brain Injury
A traumatic brain injury can result from a concussion, and the comorbidities are similar, such as damage to brain cells and/or chemical changes in the brain. A traumatic brain injury could also happen because of blunt trauma to the head, such as if the driver’s head violently slams against the windshield or steering wheel. If it is assumed that a traumatic brain injury has occurred, it is necessary to promptly consult with a medical professional. During the medical visit, imaging tests such as a CT or MRI scan will be conducted to assess damage to the brain.
Mild Brain Injury
A mild brain injury is the same as a traumatic brain injury, minus the severity, and therefore, the comorbidities and symptoms that can arise are similar, though with less severity. While a mild brain injury will typically heal on its own, it is still highly necessary to consult with a medical professional who will conduct imaging tests to identify the nature of the injury as well as what treatment options may be needed.
Back and Spine Injuries
Back and spine injuries can occur when there is damage to the spinal cord or the nerve ends of the spinal cord. The symptoms of a back and/or spine injury will vary based on the extent of the injury. Common symptoms include pain, inflammation, burning or tingling sensations, difficulty moving, and also stiff muscles. More severe symptoms include loss of sensation, muscle strength, difficulty with motor skills, or paralysis. Following a back and/or spine injury, it is important to consult with a medical professional who will conduct an imaging test to evaluate the extent of the injury. In severe cases, surgery will be necessary, followed by a period of rehabilitation.
Dental Injuries
The extent of a dental injury depends on the type of car accident. However, dental injuries from a car accident will typically happen because of the driver or passenger(s) banging their head against the dashboard, windows, or other structures of the interior of the vehicle. The dental injuries that can result may be as minor as a chipped tooth up to a dislocated tooth, or even a fractured or dislocated jaw.
When a dental injury has occurred from a car accident, it is necessary that a dentist appointment is promptly scheduled. With a dislocated or broken jaw, or other severe dental injuries, emergency care should be sought.
Burn Injuries
Burn injuries from a car accident, if applicable, will often result from either the vehicle catching on fire or friction burns from violent rubbing against the seatbelt. Friction burns are typically considered first-degree burns. If a vehicle becomes engulfed in flames because of fuel igniting from a spark, the risk of burns increases, entailing the severity and locality of the burns.
There are some important steps to keep in mind should a fire start in or around a vehicle following a car accident:
attempt to immediately exit the vehicle and distance yourself from the immediate vicinity as the vehicle could explode because of high temperatures and pressures caused by the flames. If the doors of the vehicle are jammed, attempt to roll a window down to exit; if the windows are jammed, break the window to exit the car. These tools are used for breaking a car window in an emergency.
If escaping through a window is not possible, it is necessary to use an article of fabric, whether a shirt or a piece of cloth, to cover your nose and mouth. This helps to prevent the inhalation of harmful smoke. You also need to lower yourself in the vehicle to help with avoiding smoke overhead that you might otherwise inhale.
Call 9-1-1. Immediately call 9-1-1 if exiting from the vehicle is not possible. If you can exit the vehicle, you must still phone 9-1-1 to report the incident.
Do not extinguish the fire unless the fire is small and localized and a fire extinguisher is available. Otherwise, wait until emergency responders arrive (this will include the fire department), who will quarantine the area and extinguish the flames.
Amputation
An amputation refers to the removal of a segment or the complete removal of a limb. Following a car accident, if a limb is severely injured, and it is not likely the limb can be rehabilitated, an amputation is likely. Because amputation is a critical medical intervention, the symptoms are also serious. Symptoms of amputation can include, aside from extreme pain, bleeding, and sometimes, shock. Following an amputation, one element of treatment will often involve the installation of a prosthetic limb and rehabilitation.
Death
Death is not out of the realm of possibility in a car accident. The greater the speed and severity of an impact in a collision, the greater the rate of death occurring. For example, a traffic collision at speeds of 60 MPH or over leads to a higher probability of death occurring when compared to a car accident at speeds of 10 MPH.
Aside from speed as a factor, other variables can lead to death from a car accident. This might include a violent rollover, or other forms of traffic collisions (again, speed is a highly notable factor that influences the type and degree of injury that may be sustained).
As with all types of probable accidents, the key to avoidance is to remain vigilant and assertive in one’s driving, ensuring to adhere to not only traffic rules but also to keep an eye out for other drivers, road conditions, and design. In short, pay attention and do not, under any circumstances, drive if impaired, or if the vehicle has dangerous malfunctions such as bald tires or worn-down brakes.
What Should You Do Immediately After a Car Accident?
Being involved in an accident can be a scary experience, especially in the first few minutes after the crash. In the face of an accident, take a deep breath, stay calm, and in control. A level-headed response is essential to ensuring the safety of everyone involved in the accident. Reacting in a clear-headed manner can help you get through the aftermath unscathed. To that end, we have developed a 10-step action guide, but here is a summary of the key concepts:
1. Never Leave the Scene of an Accident—Even If the Accident Is Not Your Fault
It is against the law to leave the scene of an accident, no matter who is at fault. Leaving the scene is considered a hit-and-run, which carries criminal penalties. Whenever you’re involved in any type of vehicle crash, safely pull to the side of the road away from any traffic, and turn on your hazard lights. If there are any passengers or children in the car, you want to make sure they are not injured. Once you are in a safe location where other vehicles can’t hit you, you can wait for the other driver so you can get out and exchange information.
2. Call 9-1-1 or The Police in Case of Injuries
One of the first steps in any accident is the safety of the driver and passengers. To that extend, you need to assess yourself and others in the car to make sure no one has suffered any type of injury, especially life-threatening injuries. If anyone has sustained any injuries, immediately call 9-1-1. Don’t delay! Additionally, the police should be contacted in order for them to make a report. Unfortunately, in most cases the police will not come to the site of the accident unless there are injuries. In those cases, the driver should go to the local police station to make a traffic accident report.
If an accident occurs in Los Angeles and the police make a report, you can obtain a copy of that report from the Los Angeles Police Department. You can also search LAPD’s database for the report online using their automated web database BuyCrash.
3. Exchange Personal and Insurance Information with Everyone Involved in the Accident
Once you have safely pulled over to a safe area, exchange information with all drivers involved in the accident. The most important information you want to exchange is:
Name, address, and telephone number
Driver’s license and insurance information
License plate number, make, and model of the vehicle
Although not necessary as part of information, it is a good idea to look for witnesses that may have saw how the accident occured. Witness statements are usually crucial during the claim process since they may have had a better view of how the crash occurred.
4. Be Careful About What You Say To The Other Driver and the Police
As discussed above, after an accident, the first concern should always be to check for any life-threatening injuries. As tempting as it might be in a emotionally charged moment to apologize, do not do it – this can have serious consequences later on when filing an insurance claim against the other driver. Additionally, police reports are an important piece of evidence, so it is essential to be aware and mindful when communicating with law enforcement. When talking with the police, discuss the facts, refrain from adding any extra information, and do not volunteer information that is not asked for by the police or necessary to the police’s investigation. Providing irrelevant or too much information during the investigation may create inconsistency later on during your case. Only stick with the facts.
5. Gather as Much Information as Possible
After you have exchanged the necessary insurance information, use your camera phone to capture and document the scene of the accident. Here are some of the things you want to capture:
pictures of your car,
pictures of the other driver’s vehicle,
details about the surrounding environment, such as potholes and the general condition of the street,
images that showcase what was happening at the time of the collision,
traffic signs, stop signs, and red lights,
debris or other obstructions on the surface of roads,
nearby buildings, which may have security cameras.
What Information Should You Exchange After a Car Accident?
All parties involved in an accident should exchange the following information:
Name, address, and telephone number
Driver’s license numbers and insurance information
Vehicle make, model, and license plate numbers
In addition, it is important to document information from any witnesses to the car accident, again, including their name, address, and contact information.
If you have collided with a vehicle and caused an accident and the vehicle you collided with is empty, leave a note on the windshield of the vehicle with your contact information concerning the accident.
What Types of Recovery Is Available After a Car Accident?
Following a car accident, your ability to recovery monetary damages depends on who was at fault, the type and degree of physical injuries suffered, and the extent of property damage to the vehicle. Usually, the total recovery in a vehicle accident is a combination of these factor. Monetary damages in vehicle accident cases are typically split into three main categories:
1. Physical or emotional injury
Personal injury damages are awarded for physical or emotional injuries that you sustain from a car accident. They are often referred to as non-economic damages because there is no monetary loss suffered by the injured person. Some examples of personal injury damages include physical pain and impairment, emotional trauma, pain and suffering, and inconvenience. Usually the jury, arbitrator or a mediator is asked to a place a value on these types of non-economic damages.
2. Property damages
Property damage is usually referred to as economic damages and is designed to compensate you for the direct loss suffered as a result of the accident. These types of damages typically include damages to a vehicle or other structures like a home, a building, or traffic signs and lights.
3. Medical expense
Medical expenses are another form of economic damages that may be recovered in a car accident. They include such things as emergency room visits, chiropractic treatments, physical therapy, or any other type of physician related expenses. Recovery is available for past as well as future medical expenses.
How Much Does It Cost To Hire a Car Accident Lawyer?
One of the most common questions is “How much does it cost to take on my car accident case?” Many people believe they need to pay for their case out of pocket. In fact, personal injury cases of all types, including car accidents, are primarily handled by attorneys on a contingency fee agreement.
In a contingency fee case, the attorney does not charge the client any fees or expenses upfront. Rather, the agreement states that the attorney gets paid a percentage of the settlement of judgment. If the attorney does not win the car accident case, then the attorney does not recover any of her costs or fees. In a typical personal injury case, an attorney may charge 33% of the total recovery if the case settles before filing a lawsuit, and 40% of the total recovery if a lawsuit is filed. In California, this percentage is negotiable between the client and the attorney.
In contingency fee agreement cases, the attorney will pay out of pocket all costs associated with the case. These costs include filing fees, service fees, deposition fees, expert fees, and other fees usually associated with handling a personal injury case. One the case is resolve and a favorable settlement obtained, the attorney will then get reimbursed for all costs advanced to litigate the claim.