San Fernando Car Accident Lawyer

Common Types of Car Accidents in San Fernando

Car accidents can happen under a variety of circumstances, but some types are more common, including:

Hit and Run Accidents

Under California Vehicle Code 20002, leaving the scene of an accident without identifying oneself is illegal if property damage occurs. Conviction can lead to up to six months in jail and fines up to $1,000. The essential elements to prove include:

• The defendant was involved in the accident.
• The accident resulted in property damage.
• The defendant was aware of the accident and the damage but chose to leave.
• The defendant failed to stop, provide identification, or both.

Rear-Ended Collisions

These accidents, where one vehicle hits the back of another, are prevalent and often result in the rear driver being deemed at fault. Common causes include tailgating, distracted driving, and speeding.

T-Bone Accidents

Also known as side-impact crashes, these occur when one vehicle strikes the side of another, forming a “T” at the impact point. Injuries from such accidents can range from mild to severe, affecting various parts of the body.

Common Causes of Car Accidents in San Fernando

As a bustling community within the greater Los Angeles area, San Fernando experiences significant traffic which increases the likelihood of motor vehicle accidents. Key causes of car accidents in San Fernando include:

• Reckless Driving: This includes speeding, which involves disregarding posted speed limits and driving faster than road conditions safely allow.
• Using Mobile Devices: Accidents often occur when drivers divert their attention from the road to text, call, or use their phones in other ways.
• Distracted Driving: Any activity that diverts a driver’s attention from driving can lead to accidents. These activities include eating, drinking, or engaging with passengers.
• Driver Fatigue: Long periods of driving without adequate rest can result in drivers becoming sleepy or exhausted and impair their ability to focus and react.
• DUI (Driving Under the Influence): It is illegal to operate a vehicle while impaired by alcohol or drugs, with a blood alcohol concentration (BAC) of 0.08% or higher.
• Rubber-Necking: This form of distracted driving occurs when drivers focus on accidents or other distractions on the roadside instead of the road ahead.
• Vehicle Malfunctions: Failures due to wear and tear or defective manufacturing of vehicle parts like tires, airbags, and engines can cause accidents.
• Road Hazards: Poorly maintained or constructed roads can create dangerous conditions that may lead to accidents.
• Weather Conditions: Adverse weather, such as ice, snow, or fog, can significantly decrease visibility and road traction which can make driving hazardous.
• Construction Zones: These areas can become particularly dangerous if not properly marked with adequate warning signs and safety measures.

Common Types of Car Accident Injuries

Injuries from car accidents in San Fernando vary widely in severity but typically fall into two categories:

• Impact Injuries: These occur when a person’s body hits parts of the vehicle during the crash.
• Penetrating Injuries: These injuries are caused by objects piercing the body.

Car accidents can result in a range of injuries, from those that heal with minimal medical intervention to severe injuries requiring extensive and costly medical treatment. Common injuries include:

• Head Injuries and Traumatic Brain Injuries (TBI): Injuries to the head may occur when it strikes the steering wheel, windshield, or windows. This can potentially result in facial bruises, cuts, or more severe internal injuries. More severe internal injuries can include brain bleeding, bruising, or tearing of sensitive tissues surrounding the brain.
• Chest Injuries: The upper body hitting the dashboard or steering wheel can lead to bruised or broken ribs, strained muscles, and other internal injuries.
• Injuries to Lower Extremities and Limbs: Limited legroom in vehicles can lead to leg, ankle, and foot injuries during collisions. These injuries can include sprains, broken bones, crushing, and dislocations.
• Soft Tissue Injuries: Whiplash is the most common soft tissue injury which involves stretching of neck and upper back muscles and ligaments. Other soft tissue injuries include sprains, contusions, and tendonitis.
• Spinal Cord Injuries: These severe injuries can result from trauma to the spine and may lead to paralysis.
• Broken Bones: These types of injuries can range from simple breaks to complex ones requiring surgical intervention. Common fractures involve legs, arms, ribs, and facial bones.
• Burns: Burns may result from contact with fire, steam, chemicals, or electricity during accidents, requiring anything from simple first aid to complex surgical treatments.
• Wrongful Death: Fatalities in car accidents can occur due to various negligent behaviors such as DUI, distracted driving, and excessive speeding.

California Car Accident Laws

Understanding California’s car accident laws is crucial for anyone involved in an accident. It can significantly influence the compensation received for damages incurred. Here are some key legal frameworks:

Statute of Limitations

Victims of car accidents in California must adhere to specific deadlines to file their claims. With a few exceptions, people who sustained injuries in car accidents have two years from the accident date to file personal injury claims and three years to file for property damage.

Fault-Based Car Insurance

California operates under a fault-based car insurance system. It mandates that all drivers carry sufficient vehicle insurance:

• Bodily injury coverage ($15,000 per person, $30,000 per accident)
• Property damage liability ($5,000)

Liability Laws

• Comparative Fault: If multiple parties are responsible for an accident, each can be held liable for the damage proportionate to their fault, and victims can still seek compensation even if they share some fault.
• Apportionment Fault: When multiple individuals contribute to an accident, each person’s financial liability corresponds to their degree of fault.

Steps to Take After a Car Accident

The moments following a car accident can be overwhelming, but certain actions are essential to safeguard your legal rights and facilitate a fair compensation process:

1. Seek Medical Attention: Assess your injuries and those of any passengers. Call for medical help if necessary and provide detailed information about the accident and symptoms to first responders. A thorough medical check-up is crucial for recovery and documentation.
2. Contact the Police: It’s important to have a police report that details the incident. Secure a copy of the report for your records, as it is critical for your legal claim.
3. Collect Evidence: Gather all possible evidence from the accident scene, including photos, videos, and witness statements. Document the contact information of all parties involved.
4. Avoid Admitting Fault: In the immediate aftermath, avoid making statements that could be perceived as an admission of fault. What you say can significantly impact your ability to claim compensation.
5. Consult with a Car Accident Attorney: Engage a skilled attorney with extensive experience in handling car accident cases in California. A proficient lawyer can greatly enhance your chances of securing the compensation you deserve.

Common Mistakes After a Car Accident

Avoid these frequent errors to protect your car accident claim:

• Withholding information from your attorney
• Delaying medical consultation post-accident
• Ignoring medical advice or prescriptions
• Hiring an inexperienced attorney
• Concealing previous injuries or legal issues from your attorney
• Underestimating the extent of your injuries
• Discussing your case details with others
• Sharing information about your case or injuries online
• Directly communicating with the insurance company of the opposing party

Understanding these laws and recommended actions can significantly impact the outcome of a car accident case in California, ensuring that victims are adequately prepared to navigate the complexities of legal proceedings and insurance claims.

Understanding Your Car Accident Police Report

Obtaining your car accident police report is a critical step in advancing your claim. This report serves as a significant piece of evidence in a car accident lawsuit and is among the most authoritative documents in such cases. The police report typically includes:

• The exact location and time of the accident.
• A detailed description of the accident, including injuries and damages incurred.
• Contact details: names, addresses, birth dates, and license numbers of all drivers involved.
• Ownership details: names and addresses of the vehicle owners.
• Insurance information: companies and policy numbers of all parties involved.
• Contact information of the insurance policy holders.

To acquire a copy of the police report, you can visit the California Highway Patrol office or send a mail request using the CHP 190 form, the Application for Release of Information, along with a copy of your driver’s license. The cost of a CHP report ranges from $10 to $40, depending on the length of the report.

Can You Recover After a Hit-and-Run?

California Vehicle Code 20002, also known as the Hit-and-Run law, makes it illegal for anyone to leave the scene of an accident without identifying themselves when there is property damage. This offense is considered a misdemeanor, punishable by up to six months in county jail and a fine of up to $1,000. In the event of an accident with injuries, a hit and run can be bumped up to a felony.

Hit-and-run accidents can be particularly shocking and traumatic, as the responsible party fails to stay and fulfill their legal obligations. If you fall victim to such an accident, the immediate action should be to contact the police. A thorough investigation at the crash site might lead to locating the at-fault driver which can potentially allow you to make a claim against their insurance. However, if the driver remains unidentified, you might need to seek compensation through your own auto insurance. Consulting with a car accident attorney can provide guidance through the legal intricacies and help explore all possible avenues for financial recovery.

How Do You Prove Negligence & Liability in a Car Accident Claim?

In car accident claims, establishing negligence is key. Typically, the injured party (plaintiff) must demonstrate that the accident was caused by the negligence of the at-fault party (defendant). This involves proving four essential elements:

Duty

The plaintiff must prove that the defendant owed a duty of care, meaning they were expected to operate their vehicle responsibly and with consideration for the safety of others.

Breach

It must be shown that the defendant breached this duty of care in a manner that a reasonable person in the same situation would not have, knowing it could harm others.

Causation

There must be a clear link between the defendant’s negligence and the accident, proving that the injuries and damages suffered by the plaintiff were a direct result of the defendant’s actions.

Damages

The plaintiff needs to quantify the losses incurred from the accident, which can include medical expenses, loss of income, and other financial impacts.

Compensation for Car Accident Victims in California

When filing a claim for damages and injuries sustained from an accident, it’s crucial to understand what types and amounts of compensation to include in your initial demand letter to the defendant. While each car accident case varies with different damages and losses, there are common items that are generally included in the demand letter:

• Current and future medical expenses
• Costs for ongoing treatment and rehabilitation
• Accommodations for temporary or permanent disabilities
• Lost wages, both current and projected future earnings
• Costs for vehicle repair or replacement
• Compensation for physical, mental, and emotional pain and suffering
• Claims in cases of wrongful death
• Compensation for severe and life-altering injuries

An experienced car accident attorney can assist in accurately detailing these items to ensure that all potential avenues for compensation are explored and addressed in your claim.

No Win, No Fee

We understand that the main reason why victims of accidents are hesitant to file cases or claim damages against the parties at fault and is because of the high legal fees.

In order to resolve this matter and help more people get the best compensation they deserve against the people who caused their injuries, pain and suffering, and losses, we decided to offer a No Win No Fee guarantee to all our clients. This means that you don’t have to pay us anything for our top legal services, regardless of the complexities of your claims, if we are not able to provide you with the justice you deserve.

We offer this because we are confident that our experience, expertise, and dedication will always translate to getting the maximum compensation you deserve at the swiftest possible time. Call our top attorneys right away for any car accident-related concerns and we’ll assure you get the best legal service possible and personalized client care you deserve.

Free Case Evaluation with a Mesriani Car Accident Attorney

At Mesriani Law Group, we are committed to supporting individuals and families affected by car accidents and assisting them through the claims process in San Fernando. We manage auto accident claims on a contingency fee basis, meaning our fees are contingent upon securing a favorable outcome in your case. We only receive payment if we successfully obtain the compensation you rightfully deserve. Contact us today to schedule your no-cost consultation.