US Car Accident Statistics May Surprise You

Hopefully, you’ve never been in a car accident. Chances are, though, that you have. Did you know that 77% of car drivers in the US have been in at least one car accident over the course of their lives?

In 2019,

  • There were approximately 6,756,000 motor vehicle accidents. That’s almost 13 per minute
  • Over 36,000 people died in motor vehicle accidents
  • Almost 3 million people were injured in motor vehicle accidents

If you’ve been involved in a car accident in Encino or greater Los Angeles, it’s vital that you know what to do regarding insurance, police reports, DMV reporting guidelines, and legal help if you’ve been injured or suffered damage to your vehicle.

If you are ever involved in a car accident and are injured, your first call of action is to immediately seek medical help! Second, exchange contact, insurance, and driver’s license info with the other driver.

Your next important step is to contact a trusted and experienced car accident lawyer. A car accident lawyer not only can help mitigate your financial pain but can help with your physical pain, as well. Many personal injury who handle car accidents form a trusted network of medical professionals that can diagnose and treat most injuries suffered in a car accident, i.e., chiropractors, orthopedic doctors, etc. Once you make the initial call to your lawyer, typically those medical professionals will reach out to you immediately to schedule treatments. There is no out-of-pocket cost to you because the network works together. If you are compensated for your injuries, the entire network then benefits. Moreover, the car accident lawyers’ network may also include a towing and car storage company so, in a matter of minutes or hours of the accident, you could have your car safely stowed and your physical ailments treated.

 

The Top 10 Things to Do If You’re Involved in a Car Accident in Los Angeles or Anywhere in California

    1. Immediately seek medical help if you or one of your passengers is hurt
    2. If no one is injured or killed, move your car off the road
    3. Exchange contact, insurance information, and drivers’ license numbers with the other driver. Try to obtain names and contact information with passengers and witnesses also
    4. Say nothing to the other driver or their passengers that implies your guilt. Do not offer an apology.
    5. Call the police or California Highway Patrol after pulling your car over to a safe place if you do not have to go to the emergency room. California Vehicle Code Section 20008 requires you to report injuries within 24 hours of the accident. Get a copy of the police report. Your lawyer will need a copy
    6. Take multiple photos of the accident including all sides of your car as well as surrounding property and street signs for context
    7. Notify your insurance company within 24 hours of the accident
    8. Call a trusted and experienced car accident lawyer
    9. Report the collision to the DMV within 10 days of the accident if there is over $1,000 in property damage or if anyone was injured or killed
    10. Don’t talk to insurance adjusters aside from reporting the accident. Also, don’t sign anything without talking with your lawyer first. Let your lawyer handle insurance company communications so you are not tricked or bulldozed into signing something you shouldn’t or accepting less than your claim is worth.

 

Three Ways to Seek Compensation for Injuries Suffered in a Car Accident

In the state of California, drivers or passengers in either vehicle who are injured can sue those legally at fault. You can also sue for vehicle damages. This is important, because some other states have no fault laws. In those states, injured drivers must generally seek compensation from their own insurance companies.

In California, there are three ways you can seek compensation if you are injured in or suffer property damage in a car accident. You can:

  1. File a claim with your insurance company. They will then seek compensation from the other party if they are at fault
  2. Try to collect from the insurance company representing the at-fault party
  3. Sue the driver who was at fault

If you or your insurance company wants to sue the other driver, you must show that:

  • You have suffered either property damage or bodily injury
  • The other driver was negligent, and
  • The other driver’s negligence was the “proximate cause” of your injuries or property damage. Negligence can be associated with speeding, not paying attention to the road and other traffic, texting while driving, not yielding to oncoming traffic when you enter a road or disobeying any traffic law. Drivers are expected to use reasonable care. If they drive in a way that a reasonably prudent person would not and endanger themselves and others, they would be considered negligent

 

Does California Allow You to Be Compensated for Economic and Non-Economic Damages Stemming from a Car Accident?

Yes. California does allow you to collect for both economic and non-economic damages. Economic damages are not just limited to getting your car fixed. They may also include:

  • Medical expenses (including future medical expenses)
  • Lost wage reimbursement because you were unable to work after the accident
  • Lost salary compensation because you couldn’t work
  • Lost future earning ability because you were disabled by the accident

Non-economic damages may include (among other things):

  • Pain and suffering
  • Disability (This is different from loss of earnings due to disability)
  • Disfigurement
  • Emotional distress
  • Loss of consortium (benefits deprivation of a family relationship)

California does not limit the amount you can collect in damages, even non-economic damages such as emotional distress. However, unlike some other states, California does not allow uninsured drivers to collect for non-economic damages. However, uninsured drivers can still collect for economic damages such as damage to their car, medical bills and lost wages.

But it gets more complicated because California is a “pure comparative negligence state.” In many accidents, both drivers are partially at fault. One driver may have driven over the line, but the other driver couldn’t react in time because they were driving well above the speed limit. California law reduces the amount of damages a driver can receive by the percentage that they were at fault.

For example, imagine that a court finds that you are 30% at fault and the other driver is 70% at fault. The court then finds that you suffered $200,000 in damages. In a case such as this, you will be eligible to collect $140,000 (70% of $200,000). Even if you don’t end up in court, the insurance companies can still allow for pure comparative negligence and modify payments accordingly.

 

When Do I Need to File a Lawsuit?

California allows only so much time for you to file your case. If the statute of limitations passes without action on your part, you will not be able to proceed with a lawsuit in the future.

  • If you were injured in the car accident, you must file a lawsuit within two years of the date of the accident
  • If you are filing a wrongful death case, you must file within two years of the person’s death
  • If you only suffered property damage, you have three years to file your lawsuit
  • If your car accident involved a government motor vehicle, took place on a government site or otherwise involved the government, you must notify the government agency you intend to sue within six months.

If you are injured in a car accident, if one of your loved ones dies, or you suffer property damage, it’s important to your financial and perhaps physical well-being to contact an experienced car accident lawyer immediately. It takes some time to gather police reports, interview witnesses, take depositions, gather medical records, consult medical experts and perform all of the necessary tasks that will serve as the foundation for your court case.