Motor Vehicle Accidents
There are about 15 million registered vehicles in the State of California and almost half of them are in Los Angeles County. With that many vehicles on the roadways, there is a good chance you will be involved in a motor vehicle accident at some point during your life. If you do find yourself injured in a car crash or another type of accident, you may suffer physical injuries, psychological trauma, and financial hardship as a direct result of the collision. If another party was wholly or partially at fault for the collision, you could be entitled to compensation for your past and future expenses, pain and suffering, discomfort, lost income and loss of future earning capacity, vehicle repair, medical bills, future medical care and treatment, other past and future out-of-pocket expenses, and other losses you may suffer because of your motor vehicle accident.
Our reliance on privately owned vehicles in the U.S. is unusual when compared to other countries. It also means that on any given day, there are a significant number of vehicles on the nation’s roadways. That, in turn, increases the likelihood of being involved in a collision. Nationwide, there are about 6 million motor vehicle accidents a year causing over two million permanent injuries. In an average year in the State of California, there are over 3,500 people killed and another 270,000 injured as a result of a motor vehicle accident, according to the California Highway Patrol.
Was the Injury Caused in a Motor Vehicle Accident?
The United States has over 4 million miles of roadways on which a variety of different types of motor vehicles travel on a daily basis. While people often use the terms “car” and “motor vehicle” interchangeably, they are not the same thing. A car is a type of motor vehicle; however, the term motor vehicle encompasses more than just cars. Motor vehicles are all around us. For example, busses carry children around the corner to school or from state to state to visit family. We rely on tractor-trailers to move goods and supplies across town or across the country. Trains provide both public transportation and help move materials. Motorcyclists ride to conserve gas or avoid traffics, or for pleasure while Californians flock to the lakes and ocean to enjoy their boats when the weather is nice. All of these represent the various types of motor vehicles.
If you were injured in one of the following crashes, you are the victim of a motor vehicle accident:
- Car Accident
- Rideshare Accident (Uber/Lyft)
- Motorcycle Accident
- Truck Accident
- Commercial Vehicle Accident
- Bus Accident
- Train Accident
- Boating Accident
- Aviation Accident
If there is no motor vehicle involved, mere pedestrian, bicycle, scooter, skateboard, or hoverboard accidents alone may not be considered as motor vehicle accidents. In either case, if you or your loved one suffered injuries because of the above referenced or any other accident, it’s a good idea to consult with an experienced personal injury attorney as soon as possible.
Was It Really an Accident?
Motor vehicle “accidents” are not typically true accidents. Usually, they are the result of negligence on the part of at least one party involved in the collision. Negligence is a legal term that refers to fault or responsibility. To prove negligence, an injured victim must show the following:
- That a duty of care was owed to the victim by the defendant. The duty of care refers to a legal obligation owed by the defendant to the victim to take all reasonable steps to prevent harm to the victim. Courts have long held that a motorist operating on a public roadway owes that duty of care to others who share that roadway.
- That the defendant breached the duty of care. Examples of conduct that would indicate a breach of the duty of care include impaired driving, driving drowsy, and distracted driving.
- That the breach was caused (or contributed to) the collision. The defendant’s conduct must be linked to the cause of the collision.
- That the victim suffered damages. This refers to the personal injuries suffered by the victim and is explained in more detail below.
Non-Occupant Victims
Although vehicle occupants make up the majority of the injuries in a motor vehicle accident, non-occupants can also be seriously, even fatally, injured. In the State of California, 893 pedestrians and 155 bicyclists were killed, and thousands suffered non-fatal injuries, in motor vehicle accidents in 2018, according to the California Office of Traffic Safety. These victims, or their surviving family members in the case of a fatal collision, are also entitled to compensation from a negligent party in a motor vehicle accident case.
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Common Causes of Motor Vehicle Accidents
Although we are all accustomed to using the term “accident” to refer to a collision, the truth is that collisions rarely occur by accident. Among the most common causes of motor vehicle accidents are:
- Impaired driving – despite a massive campaign aimed at warning the public about the dangers involved in driving while under the influence, over 10,000 people continue to die each year in the U.S. in drunk driving collisions.
- Distracted driving – motorists have found ways to be distracted while driving since the advent of the car; however, with the cell phone explosion came an even bigger distracted driving danger. Using a handled electronic device while driving is illegal in California, yet distracted driving remains a common cause of accidents in this state.
- Drowsy driving – drowsy driving is a much bigger danger than most people realize. In fact, as many as 20 percent of all motor vehicle accidents involve a drowsy driver, according to the AAA Foundation for Traffic Safety. That means that a driver who is fatigued is just as dangerous as a driver who is impaired.
- Speed – year after year, speed remains a leading factor in motor vehicle accidents. Data compiled by the National Highway Transportation Safety Board (NHTSB) indicates that speed is cited as a cause in 1 out of every 3 collisions.
- Other driver errors – this includes, besides the above-referenced most common errors, things such as running a red light, not properly stopping at a stop sign, failing to yield the right of way, or other types of errors drivers may be liable for.
- Third-party liability – sometimes it is not a motorist’s conduct that causes a collision, but that of a third party. For example, unsafe property and/or hazardous road conditions, defective car parts, or even driverless vehicle malfunctions can be a contributing factor in a car crash.
Am I Entitled to Compensation?
When a motor vehicle accident results in injuries or death to occupants of the involved vehicles, the negligent party (or parties) is liable for both economic and non-economic damages. Economic damages are the out of pocket expenses incurred by a victim, such as doctor bills, expenses related to car repairs, and lost wages. Non-economic damages refers to the emotional trauma victims often suffer when involved in a collision. People frequently use the term “pain and suffering” when discussing non-economic damages in a motor vehicle accident case. You can consult with a skilled motor vehicle accident attorney to discuss the value of your economic and non-economic damages based on the specific facts of your matter.
If I Was Partially at Fault, Am I Still Entitled to Compensation?
Collisions tend to be complex in nature, often making it difficult to determine exactly who was at fault. Whether you were involved in a single-vehicle accident (hit a stopped object) or a multi-vehicle collision, liability in each case needs to be thoroughly considered depending on the specific facts of your matter. Sometimes, more than one party’s negligence contributed to the crash.
For example, imagine that you were traveling 60 m.p.h. in a 50 m.p.h. zone (speeding), when another motorist drifted over the center line and crashed into your vehicle. After an investigation, it is determined that the other motorist was texting while driving (distracted). The distracted driver might be determined to be 80 percent at fault while you share 20 percent of the fault because you were speeding – which likely made the collision worse.
California operates under the doctrine of “comparative fault” law which is sometimes also called comparative negligence. In simple terms, this doctrine apportions compensation based on the percentage of fault attributed to each party. In the example above, let’s say you suffered damages of $450,000. You would be entitled to 80 percent of that amount, or $360,000, because the other driver was 80 percent at fault.
How Can an Experienced Attorney Help?
When a motor vehicle accident happens, the insurance company and its adjusters or lawyers will normally fight to reduce or avoid paying you at all costs. They will use anything against you, including any statement you make to them. In California, you are not required to speak to the other driver’s insurance company, and so if you are contacted by them, you may decline to say anything. They will act like they want to help, but it’s most probably only a means to manipulate the situation. You may be required to give a statement to your own insurance company––in this situation, it’s best to have an attorney present. Insurance
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