Accidents and Personal Injuries in California
Accidents are typically the result of negligence, even gross negligence but sometimes can result from recklessness or intentional acts. In Los Angeles, for example, accidents are a matter of daily life and though not all result in harm, many do (Los Angeles is ranked by the National Highway Traffic Safety Administration as the third-highest leading city throughout the United States in terms of auto accidents). Overall, the rate of auto accidents is high in California, and there are no signs it’ll decrease any time soon.
Automobile Accidents
Approximately 10 percent of all personal injury cases filed in Los Angeles County are related to motor vehicle accidents. California Vehicle Code §415 defines a motor vehicle as “a vehicle that is self-propelled. So, though most auto accidents in Los Angeles involve passenger vehicles, these types of accidents can also include:
- Car Accidents
- Motorcycle Accidents
- Truck Accidents
- Commercial Vehicle Accidents
- Train Accidents
- Airplane, Helicopter, Other Aviation-related Accidents
- Boat, Ship, and Cruise Accidents
- Self-Driving Vehicle Accidents
- Bus Accidents
- Rideshare Accidents
- (Uber/Lyft), and of course
- Pedestrian accidents are often a result of automobile accidents, too.
California adheres to the pure comparative negligence doctrine, meaning that in any one of these accidents if you suffer harm caused by the other party, you can demand compensation regardless of the percentage of fault. So, if another motorist ran a red light and struck you but you were on your phone and not paying attention, you could be partially at fault for the accident but you can still request damages––compensation, however, will be reduced according to your percentage of fault.
Further, motor vehicle accidents can become a little more complex depending on how the accident occurred: hit and run accidents versus single-vehicle or multi-vehicle accidents. You should familiarize yourself with what to do and what not to do after an auto accident in Los Angeles, and then contact us to find a competent, compassionate personal injury attorney.
Electric Vehicles
A recent study conducted and published by UCLA researchers suggested that electric bikes and scooters are dangerous. The study pointed out that within a one year span, 250 people visited two Westside emergency rooms alone with injuries from accidents. Of that number, there were two fatalities and 8 percent of the injured parties were pedestrians or “non-riders” struck by a scooter. The same pure comparative negligence law applies to:
- Bicycle accidents, including electric bicycles
- Scooter accidents, including electric scooters
- Skateboard accidents, including electric skateboards
- Hoverboard accidents
Product Liability
Product liability cases return some of the highest compensation awards than any other type of personal injury case. Most cases––like other types of personal injury claims––settle outside of court. But the average jury award is generally just over $700,000. Keep in mind though, that if it’s a class-action lawsuit, the actual amount a victim receives will be much less since the award must be divided among all participants.
Product liability cases can be brought on claims of negligence and/or strict liability. These types of cases can involve:
- Defective products, including all types of products that have manufacturing, design, or adequate warning defects, and also include the following categories among many others:
- Unsafe Medicine or drugs (e.g., Xarelto and bleeding or Onglyza and heart failure);
- Unsafe medical devices (e.g., certain types of hernia mesh products); and
- Hazardous or Toxic Materials (e.g., Roundup weedkiller and cancer or asbestos and mesothelioma).
- Faulty services in some situations (e.g., hybrid services with defective products such as sale of defective food in a restaurant or non-professional services such as a hairdresser causing damages with a defective fan, etc.)
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Premises Liability
Property owners or occupants have a duty in California to maintain the property in a reasonably safe condition and to warn visitors and guests if there are any dangers on the property that are open and obvious. This duty means that people, businesses, or public agencies that own, possess, or control property must:
- Maintain it;
- Inspect it;
- Repair dangerous conditions; and
- Warn of any dangerous conditions not yet repaired or irreparable.
Common premise liability claims or lawsuits filed in the Los Angeles metropolitan area include:
- Slip-and-fall accidents
- Unsafe property or road conditions
- Business customer accidents
- Inadequate maintenance or security of premises
- Defective elevator, escalator, or stairways
- Amusement park accidents
- Construction accidents
- Mold or Other Hazardous conditions
- Landlord/Tenant situations.
What Types of Injuries Are Common in the Los Angeles Metro Area?
Injuries––those that can lead to a claim or lawsuit––are not reserved only for bodily injuries but can also involve emotional, mental, and other personal injuries. Below, these types of injuries are briefly described.
Bodily Injuries
Bodily injuries are the physical injury you endure from the wrongful acts of the at-fault party. Common examples are listed below.
- Soft Tissue Injuries
- Head injuries and traumatic brain injury
- Back and neck injuries, including whiplash
- Spinal cord injuries and paralysis
- Physical impairment or disability
- Injuries to Extremities
- Amputation and Dismemberment
- Fractured or Broken Bones
- Cuts, Lacerations, Bruises, & Internal Organ Damage
- Animal Attacks / Dog Bites
- Scarring or Disfigurement
- Fire and Burn Injuries
- Catastrophic Injuries
- Birth Injuries
- Delayed Injuries
- Wrongful Death
Mental & Emotional Injuries
Mental and emotional injuries include things like mental trauma, emotional distress, anxiety, post-traumatic stress syndrome, depression, and other similar types of injuries.
Personal Injuries
Personal injuries in the context of this section refer to the harm done to you personally, like harm to your reputation in defamation cases
Recovering Damages
One of the first things you might think of after you receive medical attention is how you are going to pay medical bills. Or, if you suffered catastrophic injuries, you might worry about providing for your family. After being injured, you can recover economic and non-economic damages. Economic damages are those with a fixed price, while non-economic damages are those that do not have a fixed price.
What to Do After Getting Personal Injuries
After an accident, you may not have catastrophic injuries but seemingly a regular personal injury. You may think your injuries are insignificant but you may be mistaken. If you are able to move after an accident, call first responders immediately. You should also check on others involved if they haven’t checked on you first. Always seek medical attention after an accident, even if you feel you are not injured. Some injuries could take hours or even days to manifest.
Take photos of the accident scene. While the police will get everyone’s contact information, it is a good idea for you to write that information down, too. You will need the contact information of the liable persons and other relevant evidence depending on the circumstances (e.g., registration, insurance and contact information of the drivers if involved in a motor vehicle accident). Remember, it is also very important to ask witnesses for their contact information right away.
Once first responders release you from the scene, find a personal injury lawyer to take necessary steps (e.g., report the incident to the insurance company). Because in some cases it would be better to quickly initiate claims with insurance companies, you should contact your attorney as soon as possible, so that the attorney is able to start the claim process on your behalf. Insurance companies often twist your statements in an attempt to deny your claim. If they cannot deny your claim, most of the insurance companies will use your statements to assign full or partial fault and responsibility to you for the accident, thus giving them a justification to offer a low settlement.
When Can I File a Claim or Sue for Harm Caused by Another Person or Entity?
You can file a claim or sue for harm caused by another personal or entity at any time so long as it is in accordance with procedural law and the statutes of limitations. Typically, you have two years to file a lawsuit for bodily injuries, but it could be as little as six months or several years, depending on the type of case, the facts, and the circumstances. For other types of personal injuries, statute of limitations are different. So, to not miss your opportunity to seek fair and just compensation, you should speak to an attorney to make sure you file timely.
Who Should I Contact to Learn More or to Retain a Strong Personal Injury Attorney in Los Angeles?
To learn more about the potential your personal injury case has, it’s best to speak to a smart, experienced personal injury lawyer in the Los Angeles metro area. We take the pain out of finding the best attorney for your unique circumstances. Contact us today to get started with physical and mental recovery and with recovering fair and just compensation.
