You’re driving the 110 in traffic that is moving along well for a mid-afternoon, suddenly you hear Music blaring from the car behind for you. You look in your rearview mirror and find a man driving a Honda eating a hamburger and checking himself out in the rear-view mirror.
As traffic picks up, you begin to pick up speed, but need to slow fast since the SUV ahead of you screeches to a halt. That is when it happens: Honda Guy SLAMS in to you from behind, your seatbelt fails to stay locked, and you hit your head hard on the windshield, seeing sparkles in your eyes from the impact. The force carries your car ahead, and it nails the Jeep in front of you. This is a classic California trifecta or 3-way car accident that is not your fault.
In a city of nearly four million individuals and a county with nine million, where the car is the main way of transportation, accidents happen all the time. Legislation and procedures for car accidents vary from state to state and from city to city. If you have been involved in a Los Angeles Car Accident, this helpful article will answer some of your basic questions regarding what to do after an automobile crash in Los Angeles.
What are your first steps after you are in a Los Angeles Car Accident
If you’re involved in a car crash in L.A., you need to always Stop to check if anyone has been hurt in the crash. California law states that if you are involved in an accident, even when nobody was hurt or killed, you should instantly stop at the scene, and exchange info. In California we do not have the rescue doctrine so you have no duty to provide reasonable aid to anyone injured, as a matter of fact, if you do undertake to give aid and you do it negligently, you could be sued for negligence. If you are on the freeway you should report that the car accident to the California Highway Patrol, or the Los Angeles Police or Los Angeles County Sheriffs depending on where the accident was, at the time of the accident, or within 24 hours if they do not come to the scene.
Though not always required by law, there are other steps You ought to take following a car accident in order to ensure your safety and the protection of the others and preserve evidence which may be important down the road.
Obligation in A Los Angeles Car Accident
As from the Honda Guy hypothetical above, most automobile accidents Occur because of the negligence of a driver. Negligence happens when someone who has a responsibility to act with reasonable care neglects to do this and causes injury to another individual. A negligent individual must pay for the injury he or she causes to another person to the extent that he or she is liable for the individual’s losses. California including Los Angeles, apportions fault based on who has what percentage of fault in a case.
California utilizes a system of pure comparative negligence to determine liability in negligence actions. Under this method, each individual who is responsible for an injury or accident is liable for their portion of the fault.
By way of instance, if Bill runs a red light and hits Kathy as she is changing lanes without using her blinker, a court may find that Bill is currently 80 percent at fault and Kathy is 20 percent at fault. Bill will be responsible for 80 percent of Kathy’s losses resulting from the car
accident, including any expenses against injuries or property damage that occurred due to the crash. Conversely, Kathy is going to be liable for 20 percent of some of Bill’s losses caused by the accident.
Proving Fault
Because fault for car accidents in Los Angeles and California is based on the Law of negligence, someone who fails to use ordinary care when driving could be found to be responsible for a crash. This may include but not be limited to ignoring traffic laws and signs, inattentive driving, driving under the influence of drugs or alcohol, and even failure to properly maintain a vehicle.
Occasionally proving fault for an accident is Easy, while other times it’s more complicated. Whether it’s an insurance claims adjuster or a judge, the person judging fault for an injury will use the evidence available for him or her to make the decision. Evidence could consist of statements from witnesses, police reports, pictures of the scene and damage to vehicles, medical records and more.
In California a police report is not admissible in court for any purpose.
Your Los Angeles Car Accident Case
If you have had a car accident in Los Angeles call the car accident experts at The Law Office of Norman Gregory Fernandez for a free consultation on your case 7 days a week, 24 hours a day. We will tell you what we think, and we can sign you up immediately electronically for us to handle your case. No recovery, no fee.
People who register their cars in California are required to have auto insurance, so if You’re in an auto crash in L.A., it is likely that you’ll be dealing with an insurer. We recommend that you always get a Los Angeles car accident lawyer before talking to any insurance company. Once you start an auto insurance claim with the appropriate insurance company, a claims adjuster may determine fault in the crash. If someone admitted fault to the insurance provider, the claims adjuster will take that in to consideration when determining fault.
The Insurance Provider will then either deny your claim offer A settlement based on the insurance policy and the fault of the parties involved.
If you are dissatisfied with how in which the insurer has managed your claim, you are not alone, this is why car accident lawyers exist. If it was easy to handle these types of cases without a Los Angeles car accident lawyer, the lawyers would not exist. If it is a first party claim against your own insurance you may consider filing a complaint with the California Department of Insurance, but in any case, you should consult with a car accident attorney.
If you’ve tried to settle a dispute over your losses together with the Individual responsible or with an insurance company, and you believe it’s time to file a lawsuit, it might be a good idea to meet with a Los Angeles Car Accident lawyer like The Law Office of Norman Gregory Fernandez about your situation.
Get Legal Help with Your Car Accident in Los Angeles
Getting into a fender bender on the 110 or anywhere else can be A huge hassle. Though you might attempt to settle it yourself, that is a huge mistake, and that doesn’t always work out. In almost every instance an attorney will get you more money than you can get on your own.
Your very best choice is to find out more about your rights and ability to collect compensation from the party at fault. A fantastic first step in this process is to talk with a skilled Los Angeles Car Accident Lawyer in California like The Law Office of Norman Gregory Fernandez.
For a free consultation in your Los Angeles Car Accident Case, call the specialists at 800-816-1529 7 days a week, 24 hours per day to get a Free consultation.
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