Author: Christina Glotzer

New California Auto Insurance Minimums: What Accident Victims Need to Know in 2026

For the first time in over half a century, California has raised the minimum auto insurance that every driver must carry. Senate Bill 1107, the Protect California Drivers Act, took effect on January 1, 2025, and the new requirements are now fully in force across the state. If you have been injured in a car accident anywhere in Southern California, these changes directly affect the compensation available to you.

At Glotzer & Leib, LLP, our Burbank personal injury attorneys want every accident victim to understand how these updated insurance laws work, why they matter for your claim, and what to do when the at-fault driver’s coverage still is not enough.

What Changed Under SB 1107

Before 2025, California’s minimum liability insurance limits had not been updated since 1967. For decades, drivers were only required to carry $15,000 per person for bodily injury, $30,000 per accident, and $5,000 for property damage. Those amounts were woefully insufficient to cover the actual costs of a modern car accident, where a single emergency room visit can exceed $15,000 before any surgery, rehabilitation, or follow-up treatment is even considered.

Under SB 1107, the new minimum liability limits are now:

  • $30,000 for bodily injury or death per person
  • $60,000 for bodily injury or death per accident
  • $15,000 for property damage

These limits represent a doubling of bodily injury coverage and a tripling of property damage coverage. All existing policies automatically adjusted to the new minimums upon renewal. The next scheduled increase will take effect in 2035, when limits will rise to $50,000 per person, $100,000 per accident, and $25,000 for property damage.

Why Higher Minimums Matter for Accident Victims

Our personal injury attorneys have seen far too many cases where the at-fault driver’s insurance was simply not enough. Under the old limits, a victim with $50,000 in medical bills and lost wages might only be able to recover $15,000 from the negligent driver’s policy. The victim would then be left responsible for the remaining $35,000, often leading to debt, collections, and severe financial hardship on top of painful injuries.

The higher minimums under SB 1107 provide a meaningful improvement. More insurance money is available on each policy, which means accident victims in Los Angeles, Burbank, Pasadena, and throughout Southern California have a better chance of recovering compensation that actually reflects the cost of their injuries.

However, there is an important caveat: the new minimums are still just minimums. A serious car accident involving hospitalization, surgery, or long-term rehabilitation can easily generate costs well beyond $30,000 per person. Victims of catastrophic injuries, including traumatic brain injuries, spinal cord damage, and injuries requiring ongoing care, may need hundreds of thousands or even millions of dollars in compensation.

The Uninsured Driver Problem in California

Even with higher minimum requirements, California continues to have one of the highest uninsured driver rates in the country. Recent data indicates that approximately 16 to 17 percent of California drivers are uninsured, well above the national average. That means roughly one out of every six drivers you share the road with may not have any insurance at all.

If you are hit by an uninsured driver, the at-fault driver’s higher minimum limits are meaningless because there is no policy to collect from. This is exactly why our attorneys strongly recommend that every California driver carry uninsured and underinsured motorist coverage. This coverage protects you and your family when the other driver cannot pay for the damage they cause.

Under SB 1107, the minimum for uninsured motorist coverage also increased to match the new liability limits. If you only carry the state minimum, make sure your UM/UIM coverage has been updated as well.

What to Do After a Car Accident in Southern California

California’s roads remain among the most dangerous in the nation. Los Angeles County alone recorded over 58,000 injury-related crashes and 653 fatalities in 2024. Whether you are driving through Burbank, commuting on the 405, or navigating surface streets in Pasadena or El Monte, the risk of being involved in a collision is very real.

If you are in an accident, the steps you take in the first hours and days will shape the outcome of your entire claim:

  • Seek medical attention immediately. Even if you feel fine, some injuries do not produce symptoms for hours or days after a crash. A prompt medical evaluation creates documentation that connects your injuries to the accident.
  • Call the police and obtain a report. A police report preserves critical details about the scene, the drivers involved, witness statements, and conditions at the time of the crash.
  • Document everything. Photograph vehicle damage, road conditions, traffic signals, and any visible injuries. Exchange insurance information with all involved drivers.
  • Do not give a recorded statement to any insurance company without first speaking to an attorney. Adjusters are trained to minimize payouts, and anything you say can and will be used to reduce your claim.
  • Contact a personal injury attorney. An experienced attorney will investigate your accident, identify all liable parties, and pursue the full compensation you deserve.

How Insurance Companies Use Comparative Negligence Against You

California is a pure comparative negligence state, which means you can recover damages even if you were partially at fault for the accident. Your recovery is simply reduced by your percentage of fault. For example, if a jury determines your total damages are $200,000 and you were 25 percent at fault, you would still recover $150,000.

Insurance companies understand this rule well and use it strategically. After an accident, an adjuster’s goal is not to determine the truth. It is to assign you the highest possible percentage of fault so they can reduce what they owe. Bumping your fault from 15 percent to 40 percent saves them tens of thousands of dollars on every claim.

This is another reason why having an experienced personal injury attorney on your side matters. At Glotzer & Leib, our attorneys challenge inflated fault assessments, gather evidence that supports your version of events, and negotiate from a position of strength.

Do Not Wait: California’s Statute of Limitations

In California, the statute of limitations for most personal injury claims is two years from the date of the accident. If you miss this deadline, you lose your right to file a lawsuit entirely, regardless of how strong your case may be. For claims against government entities, such as accidents caused by dangerous road conditions maintained by a city or county, the deadline can be as short as six months.

The sooner you act, the stronger your case will be. Evidence deteriorates, witnesses forget, and surveillance footage gets erased. Speaking with a personal injury attorney quickly after an accident ensures that critical evidence is preserved and your claim is positioned for the best possible outcome.

Injured in a Car Accident? Contact Glotzer & Leib Today

California’s new insurance laws provide better baseline protection, but they do not guarantee that you will be fully compensated after a serious accident. You need an attorney who understands how to navigate the complexities of California personal injury law, negotiate effectively with insurance companies, and, when necessary, take your case to court.

At Glotzer & Leib, LLP, we have more than 50 years of combined experience helping accident victims throughout Southern California, including in Los Angeles, Burbank, Pasadena, El Monte, Anaheim, Beverly Hills, and Long Beach. We work on a contingency fee basis, which means you pay nothing unless we recover compensation for you.

Contact our office today for a free consultation. Call (747) 241-8288 or visit us online at socalpersonalinjurylawyer.com.

Related Resources:

Burbank Car Accident Lawyer

Burbank Personal Injury Attorney

Pasadena Car Accident Lawyer

Los Angeles Personal Injury Attorney

California Car Accident Attorney

How Fault Affects Your California Accident Claim

Every year, thousands of California accident victims make the same costly mistake: they assume that because they were partially responsible for their crash, they have no case. They accept a lowball settlement, sign away their rights, or — worse — never call an attorney at all. Understanding California car accident fault laws is not a legal technicality. It is the difference between walking away with full compensation and walking away with nothing.

Here is what the law actually says, and what it means for you.

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California Is Not a No-Fault State — A Distinction That Matters

The first question most accident victims ask is: *Is California a no-fault state?* The answer is no — and that answer carries significant weight.

In no-fault states, each driver’s own insurance company pays for their injuries regardless of who caused the crash. California operates under an entirely different framework. As a California at-fault state, the law requires the party responsible for causing the accident to bear the financial consequences of that decision. If another driver ran a red light and T-boned your vehicle, their insurance — not yours — is the one writing the check.

This matters for a straightforward reason: fault determines who pays. In California, that means establishing fault is not a procedural formality. It is the foundation of your entire claim.

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Pure Comparative Negligence: Why Even a Partial Fault Finding Doesn’t End Your Case

Here is where California law genuinely distinguishes itself — and where many accident victims leave substantial compensation on the table because they do not understand the rule.

California operates under what is known as the pure comparative negligence doctrine, codified under California Civil Code § 1714. Under California pure comparative negligence, an injured party can recover damages even if they were partially — or even predominantly — at fault for the accident. Your recovery is simply reduced in proportion to your percentage of fault.

To put it in concrete terms: suppose you are involved in a collision in Los Angeles. A jury determines your total damages are $200,000. They also determine you were 30% at fault for the accident — perhaps you were speeding modestly when the other driver failed to yield. Under California comparative negligence, you recover $140,000. You do not recover zero. You do not forfeit your claim. You recover your proportional share.

This is not a minor distinction. Several states use a “modified comparative negligence” system that bars recovery entirely once a plaintiff’s fault exceeds 50% or 51%. California imposes no such ceiling. A plaintiff found 80% at fault can still pursue the remaining 20% in damages. Whether pursuing that claim makes economic sense depends on the facts — but the right to pursue it exists.

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Who Determines Fault — And How Insurance Companies Exploit the Process

Understanding *who is at fault in a car accident in California* is, in practice, less a philosophical exercise and more a negotiation with an insurance adjuster who is paid to minimize what you receive.

Fault in California is established through a combination of factors: police reports, witness statements, physical evidence at the scene, traffic camera footage, cell phone records, and expert accident reconstruction. In straightforward rear-end collisions, fault is rarely disputed. In multi-vehicle crashes, intersection accidents, or cases involving adverse weather conditions — particularly common in areas like Riverside County — fault becomes considerably more contested.

Insurance companies understand California comparative negligence law very well. They use it strategically. An adjuster who cannot deny your claim outright will frequently argue that you bear a higher percentage of fault than the evidence supports. Bump your fault from 20% to 40%, and they have just reduced their payout by the same margin. This is not speculation — it is standard claims practice.

San Diego comparative negligence attorneys and personal injury attorneys throughout the state handle these disputes daily. The adjusters are not neutral arbiters. They are advocates for their insured and, ultimately, their employer’s bottom line.

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How This Plays Out Across California Jurisdictions

California’s comparative negligence rules apply statewide, but the practical experience of litigating or settling a fault dispute varies by jurisdiction.

In Los Angeles, where traffic volume virtually guarantees complex multi-party accidents, Los Angeles car accident fault laws apply alongside court systems managing some of the heaviest civil dockets in the country. A well-documented claim and an experienced Personal Injury Attorney Los Angeles residents trust can mean the difference between a fair resolution and years of procedural delay.

In Orange County, where disputes involving Orange County car accident partial fault scenarios frequently arise from freeway merges, lane changes, and heavy commuter traffic on the 405 and 55 corridors, insurers often argue comparative fault aggressively. Jurors in Orange County courts have historically approached these cases with careful scrutiny of the evidence — which underscores why documentation from the moment of the accident forward is non-negotiable.

Riverside County car accident claims present their own considerations. The geographic spread of the county, combined with stretches of highway that see significant commercial truck traffic, means fault disputes often involve multiple parties — including trucking companies and their insurers, who bring substantial legal resources to the table.

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What You Should — and Should Not — Do After a California Accident

Knowing California at-fault state rules is valuable. Knowing how to protect your position under those rules is actionable.

Do not apologize at the scene or make statements minimizing the other driver’s role. Statements like “I didn’t see you” or “I should have slowed down” become evidence in fault allocation. Do photograph everything — skid marks, vehicle positions, traffic signals, road conditions, and injuries. Do obtain the names and contact information of every witness. Do seek medical attention immediately, even if you believe your injuries are minor. Gap in treatment is one of the most reliable tools insurance adjusters use to argue that injuries were not serious or were caused by something other than the accident.

And consult an attorney before you give a recorded statement to any insurance company — including your own. You have no legal obligation to provide one, and doing so without counsel is precisely the kind of unforced error that costs claimants thousands of dollars.

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Your Percentage of Fault Is Not Fixed — It Is Negotiated

The most important thing to understand about California comparative negligence is that fault percentages are not handed down from some neutral authority. They are argued, negotiated, and — when necessary — litigated. An experienced attorney scrutinizes the evidence, challenges inflated fault assessments, and builds the case that accurately reflects what happened.

If you were injured in an accident anywhere in California — Los Angeles, Orange County, San Diego, Riverside County, or elsewhere — the fact that you may bear some degree of responsibility for what happened does not close the door on your claim. In California, that door remains open. The question is whether you walk through it with someone who knows exactly how to get you to the other side.

Contact our office today for a free consultation. There is no fee unless we recover for you.

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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.