Legal Challenges In California Car Accidents: A Deep Dive – Whether you’re a new driver or an experienced driver new to California, it’s important to understand how the state’s rear-end collision laws work. Rear-end collisions account for the majority of car accidents in the United States, so if you’re in a car accident, chances are pretty high that it was a rear-end collision.
California operates under the “rebuttable presumption” law. This means, in the event of a rear-end collision
Legal Challenges In California Car Accidents: A Deep Dive
It was the driver’s fault that the car reversed right in front of them.
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The “debatable” part of the law means that if the driver of a car that hits another can prove it wasn’t their fault, the blame shifts to the driver of the car that hit them.
For example, if you are following another car for a certain distance and that car’s brake lights are not working, you can pull them back if it suddenly stops because you have no warning. In this case, you are not at fault as long as you can prove that their brake lights did not work before the collision.
In rear-end collisions where there is no evidence and no witnesses, the person in front of them is blamed on the rear-end driver, regardless of whose fault it is.
A section of the California Vehicle Code states that drivers “shall not follow another vehicle more closely than is reasonable and prudent having regard to such vehicle’s speed and the flow of traffic and the condition of the roadway.”
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This means that each driver must maintain a safe distance from the car in front, with enough room to brake and/or safely avoid the car in an emergency.
Whether you’re going 5 or 50 mph, if you’re following the car in front of you too closely and they stop and you miss them, it’s your fault because you didn’t stop. Adequate braking distance.
If you have been injured in a rear-end collision, you should contact a personal injury attorney as soon as possible. Even if you’re the one who rear-ended the car in front of you, it’s not entirely your fault.
If possible, document as much as possible with photos and/or videos of the accident along with the injuries you sustained and the medical treatment you received (if any). This evidence can help you prove your claim and recover damages from the other driver’s insurance company if they are found fully or partially responsible for the accident.
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We provide representation in California state and federal courts. We accept most major credit cards for your convenience. When it comes to car accidents in California, it is always a good idea to get a personal injury lawyer. It is generally accepted that there is no need for a lawyer unless there is a minor accident and damage. But even a seemingly minor fender bender can turn into a major headache without a car accident lawyer.
In 2016, it was estimated that over 10,000 deaths in the United States were caused by speeding. By 2021, 2.5 million Americans will be injured in car accidents nationwide. A California personal injury attorney can help you navigate the legal chaos that can be the inevitable result of an accident.
Under California law, a speeding accident case is the easiest case to show negligence. California is a no-fault state, which means that whoever is at fault in a car accident bears more responsibility. If you don’t know this, you can try to negotiate your insurance claim. It can quickly become a nightmare.
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After an accident, you will have to deal with the police, your insurance company, possibly someone else’s insurance company, and the medical field. Sound scary? This is it! Dealing with these issues is what an experienced accident attorney can do for you. Contact a California personal injury attorney as soon as possible after a car accident.
The California Highway Patrol (CHP) reported 216,366 traffic accidents in 2022, resulting in 3,854 deaths and 165,978 injuries.
In a national perspective, the National Safety Council (NSC) reported that road safety declined in 2021 due to several factors, including fatal accidents such as people not wearing seat belts, speeding or drunk driving. Approximately 46,980 people died in car accidents in 2021. Compared to 42,338 deaths in 2020 and 39,107 deaths in 2019, this number is a huge jump.
Total car deaths in 2022 are estimated at 46,270, down 2% from 46,980 in 2021 but up 9% from 42,339 in 2020. Mileage in 2022 is projected to increase by 0.9% over 2021 and 9% over 2020. 1.46 deaths per 100 million vehicle miles traveled, a decrease of 2.7% from 2021 and stable from 2020.
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By 2021, 5.4 million people will be treated for car injuries, with an estimated $498.3 billion in car injury costs. These expenses include wage and productivity losses, medical expenses, administrative expenses, damage to motor vehicle property, employer expenses.
The first thing a car accident attorney will do is determine whether or not you have a case against the other driver. An injury from a car accident does not entitle you to a lawsuit. You may have legal recourse if the other party intentionally or negligently caused your accident. Often, in accidents involving multiple vehicles, it is not clear what caused them.
We can help you answer the question of whether you qualify for compensation after a car accident. When there are complex circumstances surrounding an accident, attorneys may consult with accident reconstruction professionals or investigators to understand the circumstances.
Few reasons in life warrant calling a lawyer, and a car accident is usually not one of them. Closing a house or a big cash deal, getting married and other exciting life events make it easy to call a lawyer. Immediately after a car accident, you will experience many emotions, including anxiety and pain. Now is not the time to make your life more challenging by handling your case yourself.
The Long Term Effects Of Car Accident Injuries
In all other cases of car accidents, at the very least, you are advised to consult with an attorney about your case. Sometimes, people are afraid to approach a lawyer for many reasons. But if one of the following applies to your car accident, you should do it right away.
Each item on the list above has the potential to have a significant financial impact. After an accident, you should focus on the road to recovery from your injuries. Gathering all the information needed to bring a claim can be a difficult and challenging process. It is best to leave it in the hands of an experienced California car accident attorney.
One of the reasons a car accident can be so traumatic is the cost factor. The first thing that starts spinning in your head after this happens. It can feel overwhelming.
You’re already thinking about the cost. But you’re worried about expenses you don’t know about yet. Some may worry about not being able to afford a lawyer. Generally, a personal injury attorney’s fees come out of any settlement after the case is over. This method is often called “working from the sky”. This means that if you are not awarded any damages as a result of your claim, you owe nothing. You don’t have to worry about upfront expenses.
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There are several arrangements that need to be made immediately after a car accident. In case of death you may be dealing with multiple insurance companies. These are the costs that judges and juries look at when deciding civil car accident cases.
Most drivers do not want to admit their fault. But your attorney can help you navigate the system of determining who is at fault in an accident. As soon as this happens, you move quickly to recover the damage.
In addition to expensive medical expenses, physical discomfort and emotional distress are common side effects of car accidents. Victims may lose significant income or be unable to return to work.
Here is a list of common car accident injuries for which you may qualify for damages from an attorney.
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The effects of emotional injuries after car accidents can be just as severe as physical injuries. In addition to depression, post-traumatic stress disorder can develop after an accident due to the stress and anxiety caused by the trauma.
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