Car Accidents
According to the California Highway Patrol, there were almost 200,000 injury crashes on California’s roadways, causing injuries to 277,160 persons and 3,904 deaths in 2017 (the most recent year for which these figures are officially available as of December, 2020). While experts disagree on your odds of being involved in an injury accident, your odds clearly increase the more time you spend on the nation’s roadways. If you were recently involved in a vehicle collision, whether in a car crash or in any other type of motor vehicle accident, you likely want the responsible party to be held accountable. The good news is that the law allows you to seek compensation from the at-fault party (or parties) for your physical injuries and psychological trauma.
How Does California Define an Automobile versus a Motor Vehicle?
There is often some confusion over what constitutes an automobile or a motor vehicle. Many people think they are one and the same. In car accidents related to personal injury law, it’s important to know the difference because all automobiles are motor vehicles but not all motor vehicles are automobiles. When you are involved in an auto accident, you will likely have to deal with the at-fault party and their insurer, and that’s not always the case with other non-automobile motor vehicle cases, like boating. So, here’s how to know what is a motor vehicle versus an automobile in California.
California’s Motor Vehicle Code § 415 defines a motor vehicle as “a vehicle that is self-propelled.” Self-propelled means propelled by itself. To elaborate, self-propelled means that a thing can drive by using its own engine, motor, or the like as opposed to having a locomotive, horse, or another animal or contraption move it. California’s Motor Vehicle Code also recognizes specific things that are not included within its definition. According to § 415, “Motor vehicle” does not include a self-propelled wheelchair, motorized tricycle, or motorized quadricycle, if operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian.
A motor vehicle, therefore, includes things like passenger vehicles and trucks as well as boats and planes. On the other hand and according to the California Department of Motor Vehicles (DMV), An “automobile” is a passenger vehicle that does not transport persons for hire. This includes station wagons, sedans, vans, and sport utility vehicles.
Types of Automobile Accidents in Los Angeles
There are many types of auto accidents in Los Angeles. Even though these accidents mostly involve two or more automobiles, they can also involve other motor vehicles (e.g., motorcycles, trucks or other commercial vehicles) or other people on or near the roads in some capacity (e.g., pedestrians).
The main categories of auto accidents in Los Angeles include the following types:
- Car Accidents
- Rollover
- Rear-end collision
- Side-impact collision
- Head-on collision
- Multi-vehicle
- Single vehicle
- Truck Accidents
- Commercial Vehicle Accidents
- Bus Accidents
- Rideshare Accidents (Uber/Lyft)
When an automobile collides with a pedestrian, cyclist, or a scooter rider, the following auto accidents may happen:
- Bicycle or Hoverboard Accidents (According to OTS, Los Angeles ranks 7th among the 15 largest cities in California for victims killed or injured in auto and bicycle accidents)
- Motorcycle Accidents (According to OTS, L.A. ranks 4th among the 15 largest cities in California for victims killed or injured in auto and motorcycle accidents)
- Pedestrian Accidents (According to OTS, L.A. ranks 5th among the 15 largest cities in California for victims killed or injured in auto and pedestrian accidents)
- Electric Scooter Accidents (Lyft, Bird, Lime, Spin, Jump, Bolt, Wheels, Sherpa)
Motor vehicle accidents typically not involving other automobiles include:
- Train Accidents
- Boating or Cruise Ship Accidents
- Plane Accidents
Regardless of the type of the motor vehicle involved in your accident, if you were injured or a family member was killed, you have a right to file a claim or lawsuit for personal injuries.
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Common Causes of Auto Accidents
Fault is an important part of any personal injury or wrongful death lawsuit in auto accident cases. To determine fault, you must identify the cause of the accident, and that will lead you to the party or parties liable and responsible for any and all damages.
Common causes of auto accidents include:
- Speeding
- Distracted driving
- Nighttime driving
- Drowsiness or falling sleep
- Alcohol
- Drugged driving
- Traffic violations (especially running red lights, wrong-way driving, or improper turns)
- Weather or environment (e.g., rain, snow, glaring sun)
- Tailgating
- Poor maintenance (especially with commercial vehicles and semi-trucks)
- Motor vehicle design defects
- Animal crossings
- Poor road design or conditions.
Fault and Auto Accident Claims
California is a fault state, and that means whoever caused the accident is legally required to pay for any property damage or bodily injuries that other drivers or passengers suffered. If there is more than one person responsible for the car crash, each at-fault party will be held responsible for their percentage of fault. That also means damages will be reduced according to each at-fault party’s liability.
For example, you are in an accident at the intersection of Sepulveda Boulevard and Sherman Way in Van Nuys. Another driver ran a red light but you were also on your phone and not paying attention. You are injured but the other driver is not. No other drivers, passengers, or pedestrians were involved in the crash. In this scenario, the driver who ran the red light is most at fault, maybe 85%, but you may be deemed at fault, too, let’s say determined to be 15%. That means your settlement or verdict award will be reduced by 15%. So, if the total damages are valued at $400,000 for instance, you would then receive $340,000.
To determine fault, you must identify the cause(s) of the accident. As mentioned above, identifying the cause will lead you to the at-fault party. In some cases, the at-fault driver won’t be the only one responsible for the damages. If the driver who caused the accident was driving a semi-truck and the load it was carrying was improperly balanced by the loaders, then the loading company could be held responsible, too (joint and several liability). You only are able to identify this at-fault party by identifying the actual cause of the accident.
Some auto accident cases can get complex. Only an experienced and knowledgeable attorney will be able to precisely identify the underlining causes of an accident in these more difficult cases.
Common Injuries from Auto Accidents
The type of injury you suffer in an auto accident is dependent on many factors, like the type of accident and where you were located at the time of the accident. Some injuries are immediate, simple, and easily treated while other injuries have delayed symptoms, are complex, have long-term complications, and/or are life-threatening. Some of the more common injuries include:
- Cuts, scrapes, lacerations
- Whiplash
- Head injuries
- Spinal or back injuries
- Internal bleeding
- Herniated discs
- Knee trauma
- Broken bones or fractures
- Chronic pain.
In more serious accidents, an injured party may suffer a catastrophic injury, like paralysis, brain damage, or amputations. In the worst-case scenario, an injured party may die from his or her injuries.
The type of injury you suffer will impact the value of damages you receive.
Am I Entitled to Compensation for My Injuries?
As an injured victim, or a loved one of an injured victim, you are probably concerned about compensation for the injuries and trauma you have suffered. The law may entitle you to that compensation if another party caused, or contributed, to the car accident that resulted in your personal injuries. To find out if you have a viable car accident case, however, you need to consult with a California car accident attorney because each case involves a unique set of facts and circumstances.
Should I Hire or Consult an Attorney?
While you do not need an attorney to represent you after an auto accident, a skillful and loyal attorney will fight for you, working to help you obtain a higher settlement than that which is initially offered by the responsible party or their insurer. You should at least consult a knowledgeable attorney to find out all legal avenues available for your particular case. An experienced attorney can evaluate your case and advise you of all your legal options. Moreover, having a strong attorney on your side is the key to obtaining all the compensation to which you are legally entitled to for all the injuries you have suffered.
