California Motorcycle Accidents

California Motorcycle Accident LawyerMore motorcycles are registered in the state of California than any other state in the country. With its gorgeous open roads offering both sea and mountain views, it should be no surprise that California’s roads are inundated with motorcyclists as the summer fades in.

Increased motorcycle traffic, however, is correlated with increased motorcycle traffic accidents. California riders who are injured in motorcycle crashes can sustain significant and life-altering injuries. It is important to understand the causes and consequences of a California motorcycle accident, what to do immediately after a motorcycle crash, and how a personal injury lawsuit may help to recoup the cost(s) of recovery.

Common California Motorcycle Accident Injuries

Motorcycle riders have less protection that other drivers on the road. This makes riders more prone to severe injuries, and in some cases, death. Common California motorcycle crash injuries include scrapes and bruises, concussions, whiplash, road rash, spinal cord injuries, fractures and broken bones, loss of limbs, internal organ damage or bleeding, paralysis, and death.

The expenses associated with motorcycle accident injuries can be incredibly costly. Motorcycle accident victims are often dealt an unanticipated financial blow that drains any financial reserves he or she may have had. A personal injury lawsuit to recover damages from other parties involved in the crash can help to cover these, and other, costs.

What Causes Motorcycle Accidents in California?

Motorcycle accidents can happen for a number of different reasons. Common causes of motorcycle accidents in California include speeding, distracted riding, failure to yield to other vehicles on the road, executing illegal turns, poor motorcycle visibility, improper lane changes, and lane splitting.

California is the only state in the country that does not have some sort of lane splitting regulations on the books. As a result, lane splitting is a common technique used by motorcyclists to navigate through traffic and congestion. As the motorcycle rides between two lanes of traffic, he or she bypasses other vehicles stuck in traffic. This can be incredibly dangerous when the rider exceeds the speed of other vehicles on the road by more than 15 miles per hour. Careless or reckless lane splitting is a far-too-common cause of motorcycle crashes in California.

What Should I Do After a California Motorcycle Accident?

Get a medical evaluation. Even if you don’t think you’ve been injured you should get a comprehensive medical evaluation. Some motorcycle accident injuries do not manifest until hours or days after the crash. Getting immediate medical attention can rule out internal damage and thwart complications from arising from undiagnosed injuries. The sooner an injury is diagnosed, the easier it will be to prove that it was a result of the motorcycle crash. As more time lapses, the easier it will be for any at-fault parties to claim that the accident was not responsible.

Call the police. Again, even if you think a police report is not necessary, it is always a good rule of thumb to have an accident documented by the police. The report will memorialize important details about the crash, capture eyewitness statements before memories fade, and provide a baseline of information from which an attorney can investigate.

Contact a motorcycle accident attorney. Attorneys can be powerful allies in the wake of a motorcycle crash. Injuries can be painful, and recovering should be the injured rider’s primary concern. An attorney will be able to handle the time-consuming and complex personal injury lawsuit while the rider gets better. Personal injury attorneys are trained professionals who understand how to investigate, what to research, which experts to contact, and who may be liable.

How Will a California Personal Injury Attorney Help Me After My Motorcycle Accident?

When you are injured in a California motorcycle accident you should contact an experienced motorcycle accident attorney to learn about the legal options that may be available to you. Here are a few ways in which an experienced California motorcycle accident attorney may be able to help you with a personal injury claim for damages.

  1. Investigating the accident. If you’ve filed a police report you’ve given your attorney a great starting point for an investigation. The report will allow your attorney to accurately assess the accident and determine which information will be most helpful – and harmful – to your claim.
  2. Enlisting experts. Attorneys have relations with industry experts who can help to mount a detailed and exhaustive investigation. Experts can help an attorney by recreating the crash, reviewing photographs of the scene, evaluating and analyzing medical information, and offering information about aspects of the accident that may be crucial to a successful case.
  3. Determining liability. If you are involved in a motorcycle crash you may believe that you can only recover compensation from the other driver who was involved. Attorneys understand, however, that many parties may be potentially liable after a crash. Employers, governmental entities, insurance agencies, and vehicle manufacturers are all examples of parties who may be (partly) liable after a crash. An attorney will investigate each possibility to broaden the scope for recovery.
  4. Fighting stubborn insurance companies. Insurance companies are often named as defendants in California motorcycle accidents. While recovering compensation from an at-fault party’s insurance company may seem straightforward, the chances of fully recovering the full amount of compensation to which you are legally entitled without an attorney are slim. Insurance companies do not make their money by paying on every claim that is submitted. Rather, insurers routinely deny claims and/or pay out pennies on the dollar for legitimate claims. Experienced personal injury attorneys understand how insurance companies operate. Using this knowledge and experience they can anticipate a move before it happens. This allows attorneys to stay one step ahead and help to maximize payouts to injured clients.
  5. Ensuring claims are filed on time. Did you know that if you are injured in California motorcycle accident you have a limited amount of time in which you are legally entitled to file a claim for damages? Failure to file a timely claim will bar you from recovering anything at all. An attorney will ensure that all claims are filed within the applicable statute of limitations.


Six Things You Need To Do After a Car Accident

You never get behind the wheel expecting to be involved in a car accident. Unfortunately, accidents can happen even if you’re being extremely careful. When you’re injured in an accident and someone else is at fault, you’ll probably have the right to file an insurance claim or personal injury lawsuit. However, you may not realize that the things you do immediately after the crash will affect your case.

Car accidents are stressful. However, it’s important to be mindful of the things you do after the crash. Missteps can hurt your personal injury case and limit the amount of money you get. Here are the six things you should do to protect yourself and your lawsuit after an accident.

Call the Police and Stand Back

Call the police as soon as possible after your car accident. An officer will be dispatched to the scene to assess the situation and write a report. This report may not be admissible in court, but it will contain evidence and information that may be critical to your personal injury case. Details like the weather, traffic conditions, and witness names may be lost or forgotten over time. The police report will preserve these details and be available when your attorney begins to investigate your case.

If possible, leave your vehicle and stand as far away from the site of the accident as possible. Many times, one accident often leads to others. Distracted drivers may not see a wreck in front of them and crash right into your vehicle. If you’ve moved away, you’re much less likely to get hurt.

Get Checked Out By a Doctor

Always seek medical attention after a car accident, even if you don’t believe that you’ve been injured. A thorough medical evaluation will make sure that any injuries are identified, diagnosed, and treated promptly. Undetected injuries can be incredibly dangerous to your health. Complications, including internal bleeding and infection, can develop and threaten your life. In many cases, these complications can be avoided with a simple screening after an accident.

The purpose of your hospital visit isn’t just to get checked out. Your visit will also generate medical records that can be used to support any legal claims you decide to pursue. The details of your medical reports can help to prove that your injuries were a result of your accident. This will be crucial if you file a personal injury lawsuit and argue that another driver was negligent.

Report the Accident and Your Injuries

Calling the police is a great first step when you’ve been involved in an accident. However, failing to report your accident to certain companies or state agencies could threaten your ability to recover compensation.

Insurance Company: You’ll generally have a couple of years to file a personal injury lawsuit after your accident. However, insurance companies aren’t as generous. Many insurers will refuse to honor your personal injury claim if you fail to:

  • report the accident to them, or
  • file a claim within a “reasonable” amount of time after the crash.

You can protect your right to recover compensation by simply notifying relevant insurance companies that an accident has occurred. Call your own insurer as well as the insurer of any other at-fault parties. A simple phone call or email can preserve your insurance claim.

State Agencies: You may be required by law to report your car accident to a state agency. In some states, including California, accidents causing extensive property damage, bodily injury, or death, must be reported to the state within a few days. Reports must include information about all drivers involved, insurance coverage, and descriptions of damage, injury, or death. Failure to report your accident to the state could do a lot of damage if you want to file an insurance claim. Reporting your accident can help to preserve important evidence and support your demand for compensation.

Document the Accident and Your Injuries

Photographs and videos can be invaluable if you decide to file an insurance claim or lawsuit. If you’re not immediately transported to the hospital, take a few moments to document your accident and injuries. Consider taking pictures or video footage of:

  • The scene of the accident
  • Damage to any vehicles or property involved in the crash
  • Tire marks
  • Traffic conditions
  • Road hazards, and
  • Injuries sustained by you and others.

Photographs will ultimately help your attorney to better understand your car accident lawsuit. The evidence you gather can be carefully evaluated by experts and used to create a strong personal injury case.

Remain Silent and Refuse Early Offers

Insurance companies may be quick to contact you after an accident. This is particularly true if there’s ample evidence to show that their insured driver is at fault. The purpose of the insurer’s call will be to get you to accept an early offer. More often than not, these early offers are insultingly low. Insurers hope that you’ll be unaware of how much your case is really worth and/or eager to settle. They’ll use your emotions against you and try to manipulate or scare you into accepting an unfair offer.

You need to know that you are under no obligation to speak with an insurer after your accident. In fact, outside of reporting the fact that an accident has happened, talking with an insurance company can be incredibly dangerous. They’ll try to take the things you say out of context and use them against you. The best thing you can do is remain silent and be patient. You’re much more likely to get the money you deserve when you take your time and make sure that your case is investigated and valued properly.

Contact an Attorney

You can certainly pursue compensation on your own after an accident. However, the laws and procedures that apply to your car accident case can be complicated and overwhelming. If you’re struggling with a painful injury, the last thing you need to do is divert attention away from your recovery. You may find that it’s very difficult to negotiate with stubborn insurers to get the money you need.

Hiring an attorney will put you in the best position to get the money you need and deserve after an accident. Your attorney will be your advocate. They’ll handle the complex legal case while you take the time you need to get better. Together, you’ll increase the odds of recovering a fair and reasonable settlement or award.

Costs of Texting and Driving in Los Angeles

A Los Angeles man who was catastrophically injured in a 2015 car accident was recently granted a multi-million dollar award. According to reports, the woman responsible for causing the devastating accident was texting at the time of the crash.

Since she was paying attention to her phone, rather than the road, she ran a stop sign and broadsided the victim’s car. His neck was severely injured in the crash and ultimately caused him to suffer a quadriplegic injury. A jury decided that his injuries entitled him to an award of $42 million in damages.

Texting and Driving

In California, drivers have an obligation to drive safely and use caution. This duty of care exists to minimize the number of accidents and injuries that happen on state roads. Unfortunately, an increasing number of drivers are shirking their responsibility and engaging in dangerous practices behind the wheel. Using a cell phone to text, check social media, and livestream daily events while driving has become commonplace.

Unfortunately, texting and driving has proven to be one of the most dangerous things a person can do.

Statistics show that approximately 64% of all reported car accidents in the country involve cell phone use. This means that nearly two-thirds of all accidents involve some form of distracted driving practices.

Texting and driving can be incredibly dangerous. In fact, research shows drivers who text are six times more likely to be involved in a crash than drivers who are drunk. According to the National Highway Traffic Safety Administration, more than 3,460 people were killed in distracted driving accidents in 2016. As we know, however, texting and driving can result in non-fatal accidents that are nearly as devastating. In 2015, at least 391,000 people – including the Los Angeles man – suffered injuries in distracted driving accidents.

Damages for Distracted Driving Accident Victims

The consequences of texting and driving can be devastating for both the driver and victim. The victim is at risk of suffering life-changing and catastrophic injuries that can generate tens of thousands of dollars in medical bills, lost wages, and related expenses. In California, victims have the right to file a personal injury lawsuit to demand compensation from the person responsible for causing them harm. As a result, the driver who chose to text may be responsible for shouldering these extraordinary costs.

Damages in California personal injury lawsuits are typically divided into one of three categories: economic, non-economic, and punitive.

Economic Damages

Economic damages are paid to help an accident victim cover the financial costs of an accident. These damages, however, are limited to a victim’s verifiable past, present, and projected future expenses. You can only recover as much as you’ve spent (or anticipate to spend). Examples of economic damages include:

  • Hospitalization
  • Surgery
  • Medication
  • Rehabilitation
  • Nursing care
  • Transportation and lodging necessary for medical treatment
  • Home alterations made necessary by a catastrophic injury
  • Medically-necessary equipment and devices
  • Lost wages and income
  • Reduced earning capacity, and
  • Disability.

Non-Economic Damages

Not all Los Angeles car accident injuries will have a direct financial cost. In fact, many injuries will be very intimate and hard to value in terms of dollars and cents. Non-economic damages can be awarded to compensate for these types of injuries. Examples of non-economic damages include:

  • Chronic pain
  • Anxiety and depression
  • Suffering
  • Emotional trauma
  • PTSD
  • Loss of enjoyment of life
  • Loss of sexual relations, and
  • Disfigurement.

Since it is so difficult to place a value on these kinds of injuries, awards of non-economic damages can vary significantly from one case to another. The specific circumstances of each individual case and each individual defendant will be important in assessing a value to these harms.

Punitive Damages

Punitive damages are those awarded as a way of punishing a negligent driver for his or her actions. However, punitive damages are typically reserved for cases where a driver demonstrates fraudulent, malicious, or incredibly reckless behavior.

Any punitive damages are in addition to awards of economic and non-economic damages.

Los Angeles Car Accident Attorney

Have you recently been involved in a Los Angeles car accident? Are you struggling to cope with a painful and debilitating injury? If someone else is responsible for causing you harm you may be entitled to compensation. Contact an experienced Los Angeles car accident attorney for help getting the money you deserve.

California Car Accidents Overview

Car accidents in California are more common than ever. There were more than 3,500 deadly car accidents last year. The number of deadly accidents in 2017 will probably be even higher. There are many theories about why serious car accidents are happening more frequently. Some suggestions include an increase in distracted driving and driving under the influence of marijuana. Others suggest that traffic conditions are getting worse as the economy gets better. California’s roads are becoming more congested as more people go back to work.

If you have been injured in a California car accident you may be entitled to compensation. It is important to speak with an experienced California car accident attorney as soon as you can. Car accident lawsuits must be filed within a specific period of time. Failing to file a lawsuit within the statute of limitations will prevent you from getting the money you deserve. Contact our office today to schedule a free consultation.

What Should I Do After a Car Accident?

Car accidents are stressful. If you suffer serious injuries you may become overwhelmed. It is important to keep the following suggestions in mind. These will help you to stay safe and maximize the money you get.

  • Call the Police. A police report is a valuable tool in a car accident lawsuit. The police report itself is not admissible as evidence. The information it contains, however, can be very helpful in designing your case. Information that may be included in a police report includes:
  • The names and addresses of anyone involved in the accident;
  • Descriptions, photographs, and/or diagrams of the accident and damage;
  • Witness statements;
  • Preliminary determinations of fault; and
  • Descriptions of weather, road, and traffic conditions.
  • See a Doctor. Your health and safety should be your number one priority after a California car accident. It is important to see a doctor for a full medical evaluation, even if you do not think you have been injured. Internal injuries can be hard to diagnose. These injuries can cause serious issues if they linger. The medical report will also be very valuable to your attorney. The report will help to prove that your injuries were caused by your accident. The less time between your medical evaluation and your accident, the better.
  • Call an Attorney. You should only speak to three people after a car accident: police, your doctor, and your attorney. Do not speak with other parties or insurance companies. Insurance companies will try to limit the amount of money you receive. They will try to take advantage of your emotions and the stressful situation. Consult an attorney before discussing compensation. Your attorney will understand how insurance companies operate. They will use this knowledge and experience to get the best possible settlement for you.

Why Should I File A Car Accident Lawsuit?

Car accidents are expensive. Your car and other property may be severely damaged. The cost of repairing or replacing that property can be expensive. If you suffer serious bodily injuries you will probably be faced with extraordinary medical bills. According to the CDC, California car accidents generated more than $38 million in medical costs in 2013. IF you are like most Americans, you probably do not have enough saved away to cover all of these costs. Fortunately, California car accident victims can recover accident-related damages by filing a personal injury claim. Filing a car accident lawsuit could help you recover damages to compensate for:

  • Hospitalization
  • Surgery
  • Prescription medication
  • Rehabilitation
  • Nursing care
  • Salary/wages lost while you recover from your injury
  • Reduced earning capacity
  • Pain and suffering
  • Embarrassment
  • Emotional distress, and
  • Loss of enjoyment of life.

What If I Was Partially At Fault For the Car Accident?

In California, car accident victims can recover compensation as long as they are not entirely at fault. This means that you could potentially recover compensation through a car accident lawsuit if you were 99% responsible for causing an accident. This is because California law follows the theory of comparative fault. Your ability to recover compensation is tied to your own degree of fault. The greater your role in causing the accident, the less you will be able to recover in damages.

Here’s an example. Let’s say you were involved in an accident. The other driver was speeding and texting at the time of the accident. If you did not contribute to the cause of the accident you would be entitled to recover 100% of your car accident-related damages. If, however, you were also talking on the phone, texting, or scrolling through social media you could also be at fault for the accident. Let’s say that it is determined that you were 40% responsible for the accident. This means that your ability to recover damages would be reduced by 40%. So, if you suffered $100,000 in damages you would only be permitted to recover $60,000. The other driver, then, would be able to recover 40% of his or her damages from you.

Hiring an Experienced California Car Accident Lawyer

Have you been injured in a California car accident? You may be entitled to compensation. The best way to maximize the amount of money you get is by hiring an experienced California car accident lawyer to handle your case. Attorneys understand the complex California personal injury laws and procedures. An attorney will use their knowledge and experience to make sure that you get the compensation you deserve.

Remember, there is a limited amount of time to file a claim after an accident. In most cases, personal injury lawsuits must be filed within two years of an accident. It is important to get in touch with an attorney as soon as you can. Contact our office today for more information.

West Hollywood Crash Sends Five Victims to the Hospital

At least five people were hospitalized with moderate-to-critical injuries after a recent Los Angeles car accident. The crash, which happened shortly before 2 AM in West Hollywood, reportedly involved three different cars. While police continue to investigate the crash, the victims are likely investigating the legal options available to them. If the victims decide to file a personal injury claim for damages they may be able to recover much-needed compensation.

Investigating Driver Negligence

A large percentage of Los Angeles car accidents are the result of driver negligence. When you get behind the wheel of a car in LA you assume a legal obligation to drive safely. This means only operating a vehicle with a valid license, obeying the rules of the road, and operating the vehicle in a way that minimizes the odds of harming others. Negligence occurs when a driver breaches his or her obligation. A victim who is injured because of another driver’s negligent conduct can file a personal injury claim to recover compensation from that negligent driver.

When police are investigating the crash they will be looking for any evidence that helps to explain why the accident happened. This includes searching for evidence that the driver(s) were negligent. Police may determine that drivers were negligent by:

  • Reviewing video footage from a dashcam, red light camera, or security camera;
  • Interviewing occupants of the vehicles, and
  • Speaking with eyewitnesses who watched the scene unfold.

If police determine that a particular driver was distracted, fatigued, speeding, or otherwise negligent, the driver will be assigned fault for the accident.

Comparative Fault

Sometimes there will be more than one person who is responsible for causing an accident. In these situations, victims are entitled to recover compensation from each responsible party. California law explains that liability will be allocated to the degree each party was at-fault. The more responsible you are for causing the accident, the greater your obligation to compensate the victims will be.

Three cars were involved in the West Hollywood crash. Let’s say that the drivers of Car A and Car B are both determined to be partly responsible for causing the accident. The accident victims will be entitled to recover damages from both drivers. If each driver is 50 percent responsible for the crash each driver will be 50 percent responsible for the victims’ injuries. So, if the five accident victims each suffered $20,000 in damages, each would be entitled to recover $10,000 from the driver of Car A and $10,000 from the driver of Car B.

What if the drivers of Car A and Car B also suffered injuries in the crash? In some states, the drivers would be automatically prohibited from recovering any compensation at all. Their own negligence would act as a bar on recovery. In California, however, the drivers will only be prevented from recovering compensation if the accident is determined to be entirely their fault. Since both drivers were determined to be partly at-fault, neither is barred from recovering damages. However, their ability to recover compensation will be limited by their own degree of fault. If both drivers are determined to be 50 percent at fault for the crash, each would be entitled to seek 50 percent of his own damages. The drivers would still also still be on the hook for the damages sustained by other victims.

Getting the Compensation You Deserve After a Los Angeles Car Accident

When you are injured in a Los Angeles car accident you may be entitled to recover compensation from the person (or people) responsible for your crash. Hiring an experienced Los Angeles car accident attorney will help to ensure that your claim is filed on time and that you are properly compensated for your injuries. If you have been injured in a crash and want to learn more about the benefits of a car accident lawsuit, do not hesitate to call the personal injury lawyers at Joshua W. Glotzer, APC.

What Damages Can a Car Accident Victim Recover?

A recent Los Angeles car accident has left at least one person dead and another four recovering from moderate-to-serious injuries. Reports indicate that a Santa Clarita woman stole a pickup truck and, in order to evade capture, sped the truck the wrong way down the 210 Freeway. While driving westbound on an eastbound road, the woman purposely attempted to hit oncoming cars and, at times, reached speeds in excess of 100 MPH.

Why the Victims Should Consider Filing a Personal Injury Claim

In California, accident victims who are injured because of the negligent and/or wrongful conduct of another person may be entitled to recover compensation by filing a personal injury lawsuit. This compensation can be incredibly helpful as they deal with unexpected financial burdens. A serious car accident injury can require extensive medical treatment and, in some cases, force a victim to miss time at work. Medical bills can be overwhelming enough on their own. When a victim loses their income because of an injury the financial burden can be crippling. Fortunately, the compensation that can be recovered from a personal injury lawsuit can help to compensate for these (and other) harms.

Car Accident Damages

Car accident victims in California are generally able to recover two different kinds of damages: economic and non-economic. Each of these types of damages helps to compensate the victim for different types of harms.

What are Economic Damages?

Economic damages are awarded to help compensate victims for the unexpected financial expenditures and loses they have suffered because of an accident. These damages will be limited to the amounts the victim can prove that they have lost or expect to lose. Examples of harms that economic damages can be awarded to compensate for include:

  • Hospitalization
  • Surgical procedures
  • Medication
  • Medical consults
  • Lost wages, and
  • Reduced earning capacity.

What are Non-Economic Damages?

Car accident victims may suffer injuries and harms that do not necessarily cost them anything out of pocket. This does not mean that these injuries are any less serious or damaging to their lives. Non-economic damages can be awarded to compensate car accident victims for these hard-to-value injuries. Examples of harms that non-economic damages can be awarded for include:

  • Emotional trauma and distress
  • Pain and suffering
  • Embarrassment
  • Loss of enjoyment of life
  • Loss of consortium, and
  • Disfigurement or scarring.

Can Car Accident Victims Recover Punitive Damages?

Punitive damages are separate from other damages and are awarded solely to punish a defendant. In most cases, car accident victims are not entitled to recover punitive damages. However, if a victim can prove that the at-fault party is guilty of “wanton and reckless misconduct” they may be entitled to punitive compensation. What is wanton and reckless conduct? Courts have explained that wanton and reckless misconduct is much more than negligence, gross negligence, or recklessness. Wanton and reckless misconduct occurs when a defendant intentionally performs an act that is so dangerous “that he must have known that harm would probably result.”

The victims who were injured in the accident discussed above may have a legitimate argument for recovering punitive damages. The woman (1) drove the car the wrong way on a busy Los Angeles freeway, (2) reportedly attempted to hit other cars head-on, and (3) exceeded 100 MPH at times. It could be argued that her conduct amounted to wanton and reckless conduct.

Experienced Los Angeles Car Accident Attorneys

If you have been injured in a Los Angeles car accident you may be entitled to monetary compensation. It is important to know that you have a limited amount of time to act after your accident. If you do not file your claim before the two-year statute of limitations expires you won’t be able to recover the money you need and deserve. The attorneys at Joshua W. Glotzer, APC can help to make sure that your claim is filed on time and that you are fairly compensated for your car accident injuries. Call us today to schedule a free consultation and learn about the benefits of filing a car accident lawsuit.

Compensation in Los Angeles Car Accident Lawsuits

Car accidents can be expensive. Serious accidents can result in extensive property damage and bodily injuries. Americans, on average, do not have enough saved away to pay for the cost of recovering from a car accident. In Los Angeles, car accident victims can file a personal injury lawsuit to recover compensation from the person(s) that caused the accident. These lawsuits must follow specific procedural guidelines. A successful lawsuit will include evidence that supports your argument of why you should be awarded damages. It is important to understand what you can recover, when you can recover it, and when you may be denied an award of compensation. Speaking with an experienced Los Angeles car accident attorney is a great first step toward recovering the damages you deserve.

When can I recover compensation for my car accident injuries?

Personal injury lawsuits – including those following Los Angeles car accidents – must be filed within the statute of limitations provided by law. The statute of limitations is a specific window of time following your accident. In most car accident cases, you must file a claim for damages within two years of the accident. If you have an injury that you do not notice right away, you can file a claim within one year of discovering it. If you do not file a claim within the statute of limitations you may be barred from recovering compensation. It is extremely important to speak with an attorney as soon as possible after a Los Angeles car accident.

What kind of damages can I recover in a car accident injury lawsuit?

Car accident victims can generally ask for two types of damages: economic and non-economic. Each type of damages is intended to compensate car accident victims for different types of injuries. It is important to note that the type of damages you recover can affect your income for tax purposes. Economic damages are not taxable. Non-economic damages are taxable.

Economic Damages

Economic damages are awarded to car accident victims for the financial hardships they suffer because of the accident. The idea behind awarding economic damages is that a car accident victim would not have had to deal with these expenses and costs if the accident had not occurred. Economic damages are awarded to put a victim back in the financial position they would have been in had the accident not happened. Commonly awarded economic damages in Los Angeles car accident lawsuits include:

  • The cost of repairing or replacing damaged property;
  • Rental cars;
  • Medical expenses;
  • Hospitalization;
  • Surgery;
  • Prescription medication;
  • Rehabilitation;
  • Nursing care;
  • Lost wages; and
  • Reduced earning capacity.

Economic damages are not taxable because the victims are not really receiving a benefit. You are merely being reimbursed for costs that you would not have otherwise had to handle. There can be an exception if deductions were previously taken on an income tax return for medical expenses. As a general rule, however, economic damages are not taxable.

Non-economic Damages

Car accidents can cause victims to suffer from intangible injuries and harms. These injuries are difficult to assign a monetary value. As a result, an award for these types of injuries will often vary (by a large degree) in each individual case. Commonly awarded non-economic damages in Los Angeles car accident lawsuits include compensation for:

  • Pain and suffering;
  • Mental anguish;
  • Loss of consortium;
  • Loss of companionship;
  • Embarrassment;
  • Disfigurement; and
  • Loss of enjoyment of life.

We know what these injuries are but it is difficult to assign a “one size fits all” definition. A finder of fact (judge or jury) will consider evidence and testimony to determine an award that is appropriate to compensate a victim for his/her particular suffering.

Non-economic damages are taxable because victims are receiving a benefit. You are not being reimbursed for financial costs related to your car accident. Rather, you are being awarded an amount of money to reduce the suffering you are experiencing.

Is there a limit to the damages I can recover after a Los Angeles car accident?

California does not have a cap on the amount of damages that can be awarded in a civil personal injury lawsuit. This means that the sky can be the limit for plaintiffs in a car accident lawsuit. However, there are certain situations that may prohibit or reduce your ability to recover compensation.

Prohibitions on Recovery

In California, there are two situations in which you can be prohibited from recovering non-economic damages for injuries in a Los Angeles car accident. First, you may not recover non-economic damages if you were not insured at the time of your accident. Second, you may not recover non-economic damages if you were intoxicated and convicted of driving under the influence.

Comparative Fault

California utilizes the theory of comparative fault. This means that if you are partly responsible for the accident that caused your injury, any damages you recover must be reduced by the percentage of fault attributed to you. Let’s say you were recently injured in a Los Angeles car accident when another driver struck your vehicle. The other driver was speeding at the time, which was a contributing factor to the accident. You were distracted at the time of the accident because you were texting. Had you been paying attention to the road, the accident may have been less severe and/or avoidable. The other driver is considered to be 70% at-fault. You are considered to be 30% at-fault. You both suffered $100,000 in damages. You would be limited to recovering $70,000 from the other driver. The other driver would, at the same time, be limited to recovering $30,000 of his/her damages from you if they also filed a claim.

If a Los Angeles driver is considered to be 100% at fault for a car accident they are prohibited from seeking compensation from any other involved party.

Experienced Los Angeles Car Accident Attorney

Have you been injured in a Los Angeles car accident? If so, you may be entitled to recover compensation for the harms you have suffered. If you are interested in maximizing the amount of compensation you can recover you should speak with a Los Angeles car accident attorney. As skilled personal injury attorneys, we understand the nuances of California law and the best ways to design a claim for damages. We will highlight the evidence that is most beneficial to your case while also attacking any claims asserted by other parties. Contact our Los Angeles office today to schedule a free consultation with our team of car accident attorneys. We will review your case, determine the type of compensation you may be able to recover, and answer the questions you have.

The Cost of California Car Accidents

More California drivers are getting into car accidents than ever before. In 2016, there were 3,680 fatal car accidents in California. Some blame the economy, arguing that as more jobs are created more drivers hit the roads to get to work. Others blame the rise in technology, arguing that drivers tend to multitask behind the wheel.

Regardless of the reason, the fact remains that car accidents are becoming more common in California. If you have been involved in a California car accident you may be able to recover compensation through a personal injury lawsuit. Speaking with an experienced California car accident attorney is the best way to learn about your options.

Costs of California Car Accident Injuries

Car accident victims can suffer from a wide range of injuries. It can be incredibly expensive to treat and recover from these injuries. In 2013, the CDC estimates that California car accidents resulted in nearly $38 million in medical costs. Those accidents also resulted in $4.44 billion in work loss costs. Together, that adds up to nearly $4.48 billion in car accident-related costs.

How do most California car accident victims pay for these incredibly high costs? A recent study found that more than half of Americans have $1,000 in savings. The same study found that about a third of Americans have no savings, at all. If the average American is injured in a car accident it is unlikely they will be able to cover the costs by themselves.

Fortunately, California allows car accident victims to file personal injury lawsuits to recover compensation for their injuries. A personal injury claim for damages can help to cover costs including:

In the event of a car accident-related death, a wrongful death lawsuit can help to cover the costs associated with a victim’s funeral.

Steps to Take Following a Car Accident

If you are involved in a car accident in California it is important to keep the following suggestions in mind. These steps will help to make sure that you are safe, your rights are protected, and that you are able to maximize any future damages.

  1. Ask for Medical Attention: The most important thing after an accident is your health and safety. Go to a hospital or doctor for a medical evaluation after an accident, even if you do not think you have been seriously injured. A full medical evaluation will serve two purposes. First, it will help to rule out whether you have suffered any internal injuries that could be very harmful. Second, the information recorded in the evaluation can be used as evidence in any future personal injury claims you file. The sooner your injuries are documented, the more likely it is that they will be associated with your accident.
  2. Ask for a Police Report: A police report may not be admissible in court as evidence, but it is a great starting point for an investigation. When an officer arrives at the scene of the accident ask them to file a police report. The report can include information that may later be lost or forgotten. This can include witness names and statements or details about road and weather conditions. This can be very helpful to your attorney if you decide to file a claim for damages.
  3. Contact an Attorney: Insurance companies will try to take advantage of the fact that you don’t specialize in personal injury law. They will try to get you to agree to a low-ball settlement that doesn’t fully compensate you for your damages. When you hire an attorney to handle your claim you will have an expert on your side who knows how to maximize compensation.

Recovering Compensation Through a Personal Injury Lawsuit

When you file a personal injury claim for damages after a car accident it is generally based on the legal theory of negligence. Negligence occurs when one person owes a duty of responsibility to another person but fails to fulfill that duty. When you get behind the wheel of a car in California you have a duty to follow the rules and regulations of the road. You also have a responsibility to drive safely and prevent foreseeable harm. Speeding, distracted driving, and drunk driving are all examples of ways in which a driver could be negligent. When you are injured in a car accident because of someone else’s negligence, you can file a lawsuit to recover compensation.

In California, you can even recover compensation if you were partly responsible for the accident. Your recovery will be reduced by the percent of the accident that is your fault. Imagine you were injured in a car accident and you suffered $100,000 in damages. It is determined that you were 20% at fault for the accident because you were speeding. You would then only be entitled to recover $80% ($80,000) of your total damages. You would also be liable for 20% of damages suffered by the other driver.

The best way to learn about your legal rights following a California car accident is by speaking with an experienced attorney. They will review your case, determine potential liability, and answer the questions you have. Most car accident lawsuits in California must be filed within two years of the accident, so it is important to contact an attorney as soon as you can.

Why Should I Hire a California Personal Injury Attorney?

California Personal Injury AttorneyOne California man is dead and another is reportedly fighting for his life after a car accident on June 8th in the Glen Valley area of Los Angeles. A waste management truck reportedly ran a red light and struck a pickup truck, killing its driver. The force of the collision sent it into a third car. Two passengers in the third vehicle were trapped in the “twisted wreck.”

The driver of the car is in critical condition and his passenger is reporting chest pains and other accident-related injuries. The family of the pickup truck driver and the occupants of the third car may be able to recover damages through a personal injury lawsuit.

How a Personal Injury Claim for Damages Can Help Car Accident Victims

Car accidents, especially those that cause significant injuries, can be incredibly expensive. One study found that the average cost of a bodily injury claim was over $15,000. Most Americans do not have savings sufficient to take care of one $500 emergency, let alone a $15,000 injury. If injuries sustained in an accident are serious and require extensive medical care, these costs can cost victims tens of thousands more.

Fortunately, car accident victims (and families of those who are killed in car accidents) may file a claim for damages from at-fault parties. Damages recovered through a personal injury lawsuit can help to pay for unexpected medical costs, rehabilitation, nursing care, property damage, and compensate for lost wages.

Why Should I Hire a California Personal Injury Attorney?

Immediately after an accident, you may be contacted by insurance companies who represent other drivers who were involved. It is important that you do not speak with them without consulting a personal injury lawyer. These insurance companies will try to take advantage of your confusion during this overwhelming and stressful time. They will take advantage of your lack of specialized legal knowledge and will likely try to convince you to agree to a small settlement. Insurance companies are not in the business of paying out on each and every claim that is submitted. It is in their best interest – and not yours – to pay as little as possible.

An experienced California personal injury attorney will ensure that your rights are protected and that you are able to recover the compensation you desperately need after your accident. Insurance companies will fight you each step of the way. Hiring an attorney can be incredibly important, especially if you are unfamiliar with the legal processes and laws involved. In fighting to recover compensation on your behalf, an attorney may:

  • Conduct an independent investigation of the accident that caused your injuries;
  • Review the details provided in the police report;
  • Find and interview witnesses;
  • Contact and hire expert witnesses;
  • Determine potential liability;
  • Research accident statistics; and
  • Communicate and negotiate with other parties, including insurance companies.

Attorneys are experienced negotiators who understand the nuances of the law. Your chances of maximizing your recovery increase when you hire a California car accident attorney.

Many Car Accident Personal Injury Claims Based on Negligence

Many California car accident claims are based on the argument that (at least) one party was negligent, and that this negligence caused your injuries. Negligence occurs when you have a responsibility to act in a certain way and fail to fulfill that responsibility. The success of your claim will be based on your attorney’s ability to prove the negligence of another party. Negligence can be broken down into different elements. Your attorney must prove each element to be successful. A successful negligence claim for damages will show that:

  1. The defendant had a duty (responsibility);
  2. The defendant breached this duty;
  3. This breach caused your injuries; and
  4. You suffered damages as a result.

What is a ‘duty’ that a California driver may have? All drivers on California roads have a duty to “use reasonable care” when operating a vehicle. According to California law, basic standards of care that must be kept include “keep[ing] a lookout for pedestrians, obstacles, and other vehicles” and “control[ling] the speed and movement of their vehicles.” In California, a failure to exercise reasonable care is considered negligence.

So, in the case of the accident we discussed above, let’s say that the driver of the third vehicle decided he wanted to pursue compensation from the driver of the garbage truck. A successful claim would require him to prove (1) the truck driver had a duty to follow traffic laws, including traffic signals; (2) the truck driver did not follow traffic laws and signals; (3) running the red light caused an accident involving your vehicle, in which you were injured; and (4) you suffered financial damage (medical bills, property damage) and/or other damages such as pain and suffering.

Claims based on the negligence of another person can become complicated. This is especially true when getting down to the nuances of actual and proximate causation. These theories of causation can be difficult to prove and are best handled by an experienced California car accident attorney.

Contact an Experienced California Car Accident Attorney

If you or someone you know has been injured in a California car accident you may be entitled to recover compensation from an at-fault party. An experienced California car accident attorney can help to maximize the compensation you receive. Contact our Los Angeles office today to tell us about your accident and learn about your legal options.

LA Focuses On Pedestrian Deaths


Los Angeles Mayor Gil Garcetti just released his much-anticipated Vision Zero 2525 plan, but it will be a tough sell in the car-centric and budget-conscious city.

The initiative has the ambitious goal to eliminate traffic fatalities in eight years. Mayor Garcetti unveiled the plan in 2015, and the Los Angeles Department of Transportation, along with several other city agencies, spent most of 2016 conducting focus groups and collecting feedback on the idea. LADOT General Manager Seleta Reynolds stressed that Vision Zero is mostly about raising awareness and changing priorities from efficient traffic flow to overall roadway safety. The report also identifies 40 high-injury areas that are in dire need of physical changes; most of these locations are in south Los Angeles.

Ms. Reynolds also wants state lawmakers to redefine “jaywalking” and modify speed limit enforcement procedures.

Pedestrian-Auto Collisions in Los Angeles

Last year, there were almost as many pedestrian fatalities as all other kinds of traffic deaths (bicycle rider, motor vehicle occupant, and motorcycle rider) combined. In November 2016, voters desperate to do something about the carnage narrowly approved Measure M, which increases the sales tax to generate an estimated $120 billion over the next forty years to expand the MTA and take other measures to get people out of their cars.

Despite Mayor Garcetti’s aggressive backing, Measure M faced stiff opposition from South Bay residents because the plan prioritizes development in the northern and central parts of the city. As mentioned earlier, these are the areas where pedestrians are safer. Other voters objected to Measure M’s lack of oversight, and they predicted that the MTA’s cost overruns would derail the expansion project (no pun intended).

What Causes Fatal Pedestrian-Auto Crashes?

According to the laws of physics, speed multiplies the force in collisions between two objects, and that rule holds true in pedestrian-auto crashes. Consider the following:

Vehicle Speed Serious Injury Rate Fatality Rate
20mph 25 percent 15 percent
35mph 75 percent 65 percent
50mph 90 percent 75 percent


Speed also reduces reaction time. At 20mph, most cars travel three car lengths between the moment the driver sees a hazard and the moment the car safely stops; at 40mph, that distance triples to nine car lengths.

Reducing the posted speed limits may have some effect on vehicle velocity, but not very much. Especially, in the high-risk corridors, the city will probably need to take more aggressive traffic calming measures, like installing traffic circles, widening the crosswalks and sidewalks, lengthening red light times, and changing the streets from straight to curved. Drivers will not like these measures and the money will not last. Many motorists oppose “eyesore” construction projects and wider sidewalks cost about $8 million a mile.

Common Insurance Company Defenses

Statistically, most pedestrian-auto crashes occur outside marked crosswalks, and so insurance company lawyers usually invoke the sudden emergency defense. This doctrine excuses negligent driving if the driver:

  • Faced a Sudden Emergency: In the legal sense, a “sudden emergency” is a wholly unanticipated event, like a hood fly-up or a tire blow-out. Most hazards, like jaywalking pedestrians and stalled cars, do not qualify as sudden emergencies, because these situations occur on almost every trip and drivers should be ready to deal with them.
  • Reacted Reasonably: It is reasonable to slow down and pull to the right after a sudden emergency, and drivers who do not do so cannot claim the defense.

Last clear chance, a companion doctrine, often applies in T-bone and rear-end crashes when one driver had the opportunity to avoid the crash but failed to take advantage of the chance. If the jury determines that the victim and tortfeasor (negligent driver) were both partially at fault, the judge will reduce the victim’s damages proportionally.