Santa Monica Car Accident Lawyers

Common Types of Car Accidents in Santa Monica

In Santa Monica, the diversity of the types of car accidents reflects the city’s dynamic traffic conditions. Among the most common types of accidents encountered are:

Hit and Run Accidents: Under California Vehicle Code 20002, hit-and-run incidents are criminal offenses where a driver leaves the scene without providing their details after causing property damage or injuries. Conviction of this offense can lead to penalties including jail time and/or fines depending on the severity of the accident and injuries. Key elements for conviction include:

• The involvement of the defendant in an accident.
• The accident resulting in property damage or injury.
• Knowledge of the defendant about the accident and the resulting damage.
• Failure of the defendant to stop and provide their information.

Rear-End Collisions: Rear end accidents about for 30% of traffic accidents that occur every year based on NHTSA (National Highway Traffic Safety Administration) data. Typically, the driver who collides with the vehicle in front is found at fault due to reasons like:

• Following too closely (tailgating)
• Distracted driving
• Exceeding speed limits
• Driving in hazardous conditions

Side Impact Crashes: These are also known as T-bone accidents because they occur when one vehicle hits the side of another, creating a ‘T’ shape at the point of impact. These accidents often result in a range of mild to severe injuries that include:

• Head and neck injuries
• Back trauma
• Injuries to the pelvic and abdominal areas
• Chest injuries

Common Causes of Car Accidents in Santa Monica

Santa Monica’s busy streets with congested traffic sees a high frequency of car accidents. The primary causes of these incidents include:

• Reckless Driving: This often involves exceeding speed limits and showing a general disregard for traffic rules.
• Mobile Device Usage: Engaging with phones for texting, calling, or other functions while driving distracts the driver from the road.
• Distracted Driving: Activities that divert the driver’s attention like eating, drinking, or interacting with passengers.
• Driver Fatigue: Long hours behind the wheel can lead to exhaustion and affect the driver’s alertness and reaction time.
• DUI (Driving Under the Influence): It’s illegal to operate a vehicle under the influence of alcohol or drugs, especially with a blood alcohol concentration (BAC) of 0.08% or higher.
• Rubbernecking: This distraction occurs when drivers focus on external events such as accidents or unusual occurrences instead of the road.
• Vehicle Malfunctions: Faulty car parts due to wear and tear or manufacturing defects can lead to accidents. This includes issues with tires, airbags, seatbelts, and engines.
• Road Conditions: Poorly maintained or constructed roads can present unnoticed hazards which can result in accidents.
• Adverse Weather: Conditions like ice, snow, or fog significantly challenge a driver’s ability to control their vehicle and maintain visibility.
• Construction Zones: Areas with active construction or road maintenance can be particularly dangerous if not properly marked with adequate warning signs and safety precautions.

Common Types of Car Accident Injuries

Car accidents, irrespective of their severity, often result in various injuries to those involved. These injuries are generally categorized as:

• a) Impact Injuries: Occur when the victim’s body hits parts of the vehicle.
• b) Penetrating Injuries: Happen when objects pierce the victim’s body.

While some injuries from car accidents heal with time or medical treatment, others, particularly severe injuries may require extensive medical care and can lead to lifelong disabilities. Common types of injuries include:

• Head Injuries: Injuries to the head from hitting the steering wheel, windshield, or windows can lead to facial injuries, brain trauma, or internal bleeding.
• Traumatic Brain Injury (TBI): Injuries involving brain tissue and blood vessel damage due to severe concussions or sharp debris in high-speed collisions.
• Chest Injuries: Injuries resulting from the chest or upper body impacting the steering wheel or dashboard can cause bruised or fractured ribs, muscle strains, and potential internal injuries.
• Injuries to Lower Extremities and Limbs: Injuries such as cuts, bruises, fractures, and dislocations to the legs, ankles, and feet are common due to the confined space in a vehicle during a collision.
• Soft Tissue Injuries: These injuries Include whiplash which involves the stretching of neck and upper back muscles and ligaments in addition to other injuries like contusions, sprains, and tendonitis.
• Spinal Cord Injury: Serious injuries that result in trauma to the spinal cord which can potentially lead to varying degrees of paralysis.
• Broken Bones: Fractures ranging from simple breaks requiring casts to more severe compound fractures necessitating surgical intervention.
• Burns: Injuries from exposure to fire, heat, chemicals, or electricity in vehicle fires that range from minor to severe and can require extensive recovery time and treatments like skin grafting.
• Wrongful Death: Fatalities resulting from car accidents caused by factors such as DUI, distracted driving, speeding, failure to obey traffic signals, or other negligent behaviors.

California Car Accident Laws

Understanding California’s car accident laws is crucial for anyone involved in a vehicular incident because it helps in ensuring proper compensation and avoiding legal missteps. Key aspects of these laws include:

Statute of Limitations

This refers to the timeframe within which you must file a claim. In California, victims of car accidents have two years from the accident date to file personal injury claims and three years to file claims for property damage.

Fault-Based Car Insurance System

California operates under a fault-based car insurance system. Drivers are required to have adequate insurance coverage, including:

• Bodily injury liability: Minimum coverage of $15,000 per person and $30,000 per accident.
• Property damage liability: Minimum coverage of $5,000.

Liability Laws

• Comparative Fault: In situations where both the plaintiff and defendant share fault for an accident, each can be held proportionately liable.
• Apportionment of Fault: When several parties contribute to an accident, each is financially responsible for their share of fault.

Familiarity with these laws is essential for navigating the aftermath of a car accident in California, from filing claims to understanding insurance coverage and liability issues.

What to Do After a Car Accident?

Experiencing a car accident can be both traumatic and disorienting. Taking specific steps immediately after the incident is crucial for protecting your legal rights and ensuring you receive appropriate compensation. Here are essential actions to take following a car accident:

1. Seek Medical Assistance: It’s important to prioritize health and safety. Assess and address any injuries you or your passengers may have sustained. Call for medical help if needed and provide detailed information about the crash and your symptoms to the medical personnel. Follow up with a thorough medical examination to support recovery and document injuries.
2. Report to Law Enforcement: Contact the police to report the accident. Their presence is necessary to document the incident in an official police report which is a critical piece of evidence. Ensure you obtain a copy of this report for your records.
3. Collect Evidence: Gather as much information as possible at the accident scene. This includes taking photos and videos of the crash, noting contact details of those involved and any witnesses, and collecting statements that could be useful for your claim.
4. Avoid Admitting Fault: Be mindful of your statements at the scene. Avoid making any comments that could be construed as an admission of fault because these can impact your ability to claim compensation.
5. Consult a Car Accident Attorney: Seek the advice of a seasoned Santa Monica car accident attorney. Experienced legal representation can guide you through the claim process and ensure you pursue the maximum compensation you are entitled to for your losses and injuries.

Common Mistakes Made After a Car Accident

After a car accident it’s crucial to avoid certain errors that could negatively impact your legal case. Common mistakes that can hinder the success of a car accident claim include:

• Failing to Provide Complete Information to Your Attorney: Withholding key details can limit your lawyer’s ability to represent you effectively.
• Delaying Medical Attention: It’s important to seek medical care immediately after the accident to document your injuries properly.
• Ignoring Medical Advice: Not adhering to the treatment plan prescribed by your doctor can affect both your recovery and the strength of your claim.
• Choosing a Lawyer with Limited Experience: Selecting an attorney who lacks experience in car accident cases can disadvantage your claim.
• Not Being Fully Transparent About Previous Injuries: Concealing past injuries or legal issues from your lawyer can undermine your current case.
• Underestimating the Severity of Your Injuries: It’s important to recognize and communicate the full extent of your injuries to ensure adequate compensation.
• Discussing Your Case Publicly: Sharing information about your case with others or on social media can compromise confidentiality.
• Communicating Directly with the Other Party’s Insurance: Engaging with the opposing insurance company without legal advice can lead to misstatements and affect your compensation.

Understanding Your Car Accident Police Report

Securing a copy of your car accident police report is a crucial step in processing your claim. This report serves as a key piece of evidence in any car accident lawsuit and is often regarded as one of the most critical documents in such cases. The report typically encompasses details including:

• The exact location and time of the car accident.
• A detailed account of the accident that documents any injuries sustained and property damage.
• Contact details such as names, addresses, birthdates, and driver’s license numbers of all involved drivers.
• Insurance information for all parties involved including names of insurance company and policy holders with their associated policy numbers.

To obtain a copy of the collision report, you can visit a California Highway Patrol (CHP) office or submit a CHP 190 form, the Application for Release of Information, along with your driver’s license. The cost of obtaining a CHP report can range from $10 to $40 depending on the length of the report. This document is essential for a comprehensive understanding of your accident and is invaluable for legal proceedings.

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

In car accident claims, proving negligence and liability is a key step. The injured party (plaintiff) is tasked with demonstrating that the other party (defendant) was negligent and thus responsible for the accident. This involves establishing four critical elements:

Duty of Care: The plaintiff must demonstrate that the defendant had a duty to operate their vehicle responsibly and with regard for others’ safety.

Breach of Duty: Evidence is required to show that the defendant failed to uphold this duty of care. The breach could be an action or inaction that a reasonably prudent person in a similar situation would not have undertaken while knowing it could cause harm.

Causation: There must be a clear link between the defendant’s breach of duty and the accident. The plaintiff needs to prove that their injuries and damages directly resulted from the defendant’s negligence.

Proof of Damages: The plaintiff must detail and substantiate the losses incurred due to the accident. This includes medical expenses, loss of income, and other related costs stemming from the injuries sustained.

Compensation for Car Accident Victims in California

When preparing to file a claim for a car accident in California, it’s essential to identify the appropriate types and amounts of compensation to include in your demand letter to the defendant. With the guidance of a car accident attorney, you can accurately outline the various damages and losses incurred. Common components of compensation in such claims include:

• Medical Expenses: This covers both current medical bills and anticipated future medical costs related to the accident.
• Disability Accommodations: Costs associated with temporary or permanent disability modifications may be claimed.
• Lost Wages: Compensation for income lost due to the accident, including potential future earnings.
• Vehicle Repair or Replacement: Costs for repairing or replacing your damaged vehicle.
• Pain and Suffering: Compensation for physical discomfort, mental anguish, and emotional distress resulting from the accident.
• Wrongful Death: Claims in cases where the accident resulted in a fatality.
• Substantial Life-Altering Damages: Compensation for significant changes to your lifestyle or capacity due to the accident.

No Win No Fee Contingency Policy

Mesriani Law Group has over two decades of experience in protecting victims of car accidents as well as employment and labor law violations in California.

Through our wealth of experience, we understand that the main reason why victims of accidents or of unjust treatment by employers are hesitant to file cases or claim damages against the parties at fault is because of the high legal fees.

In order to resolve this matter and help more people get the best compensation they deserve from 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 will provide you with the best legal service and personalized client care you deserve.

Free Consultation with A Mesriani Car Accident Lawyer

Mesriani Law Group is dedicated to helping victims and their loved ones who sustained injuries and damage and lost their lives in car accidents through the injury claim process in Santa Monica. We handle a majority of auto accident cases on a No Win, No Fee basis. We only charge a fee if we are successful in winning your case and getting you the maximum compensation you deserve. Give us a call now for a free consultation.

When should you contact a car accident lawyer?

You should contact a car accident lawyer as soon as possible after the accident, especially if there are significant injuries, substantial property damage, or any dispute regarding fault. An attorney can provide crucial guidance on handling insurance claims, preserving evidence, and ensuring that your legal rights are protected throughout the process. Early legal consultation is key to effectively navigating the complexities of a car accident claim.