Personal Injury in California

It would be for your benefit if we do not provide legal information on our website regarding laws in California regarding car accidents or personal injuries.  It is our advice that you consult your attorney or lawyer when such unfortunate event happened.

We will be providing a list of attorneys or law offices that specialize in California Personal Injury Law.  Meanwhile, you can look up other sources such as yellow books a list of law offices in your area.

General Information about Car Accidents

Car accidents are unintentional damaging events involving automobiles. Car accidents can damage one or more autos, people, or structures. Car accidents--also called traffic accidents, auto accidents, road accidents, and motor vehicle accidents-- cause thousands of deaths and hundreds of thousands of disabilities each year. Worldwide, car accidents kill an estimated one million people each year (a 2002 statistic).

Responsibility of car manufacturers

Car makers have been both accused of making cars that go too fast, and praised for the safety measures (such as ABS) found in new models.

Trends in accident statistics

Road toll figures show that car accident fatalities have declined since 1980, with most countries showing a reduction of roughly 50%. This drop appears to confirm the efficacy of safety measures introduced thereafter, assuming that driver behavior has not changed significantly.

Some expected greater improvements. Several explanations have been proposed:

The number of cars is increasing, leading to more congested traffic. This argument is disputed - for example, the road toll in Australia is only about half that of the UK, despite the latter country's more than threefold size of population in an area 1/30th of the size.

A safer car increases the perceived safety level, inducing the driver to go at higher speeds - in fact there is strong evidence to suggest that every safety advantage conferred by technology is eroded by modified driver behaviour.
Some types of cars may be inherently less safe (see for example SUV)
More in-car tech toys exist today. These can distract the driver from the road. These include: cell phones, TVs, pagers, computer notebooks, portable CD and DVD players, laptop computers, electronic games, computer games, GPS navigators, digital recorders, cam corders, radar detectors, and others.

Types of accidents

Rear-end collisions
Side collisions
Rollovers
Head-on collisions
Single-car accidents
Pile-ups

Collisions can occur with other automobiles, other vehicles such as bicycles or trucks, with pedestrians, and with stationary structures or objects, such as trees or road signs.

In a collision between two cars, the occupants of a car with the lower mass will likely suffer the greater consequences. See: crash incompatibility.

Causes of accidents

Many factors result in car accidents, and sometimes multiple causes contribute to a single accident. Factors include the following:

Driver distraction, including fiddling with technical devices as noted previously, talking with passengers, eating or grooming in the car, dealing with children or pets in the back seat, or attempting to retrieve dropped items.

Driver impairment by tiredness, illness, alcohol or drugs, both legal and illegal. MADD (Mothers Against Drunk Driving) is an organization made up of the families of the dead who were killed in car accidents caused by drunk drivers.

Mechanical failure, including flat tires or tires blowing out, brake failure, axle failure, steering mechanism failure.

Road conditions, including foreign obstacles or substances on the road surface; rain, ice, or snow making the roads slick; road damage including pot holes.

Speed exceeding safe conditions, such as the speed for which the road was designed, the road condition, the weather, the speed of surrounding motorists, and so on.

Most authorities emphasise speed as a primary cause of accidents, although most experts agree that speed alone rarely causes an accident. Some argue in favor of speed restrictions to mitigate the consequences of accidents, relying on Newton's law of momentum. That is, the outcome of an accident largely depends on the energy dissipated in a crash, and that energy rises as the square of velocity, according to the equation E = 0.5mv2, where E is the energy, m is the mass, and v is the velocity. "Speed kills" proponents may also argue that slower driving causes no harm. On the other hand, critics of the "speed kills" mentality claim that this argument ignores complex factors that influence accident outcomes, and thus fails to address the true causes of accidents.

Legal consequences

Car accidents often carry legal consequences in proportion to the severity of the accident. Nearly all common law jurisdictions impose some kind of requirement that parties involved in a collision (even with only stationary property) must stop at the scene, and exchange insurance or identification information or summon the police. Failing to obey this requirement is the crime of hit and run.

Parties involved in an accident may face criminal liability, civil liability, or both. Usually, the state starts a prosecution only if someone is severely injured or killed, or if one of the drivers involved was clearly intoxicated or otherwise impaired at the time the accident occurred. Charges might include driving under the influence of alcohol, assault with a deadly weapon, manslaughter, or murder; penalties range from fines to jail time to prison time to death.

As for civil liability, automobile accident personal injury lawsuits have become the most common type of tort. Because these cases have been litigated often in the developed First World nations, the legal questions usually have been answered in prior judgments. So, the court most usually decide solely the factual questions of who is at fault, and how much they (or their insurer) must pay out in damages to the injured plaintiff.

Rubbernecking

Rubbernecking is where drivers slow down to look at accidents or anything out of the ordinary on the highway. Events ranging from gruesome car accidents to a police car stopped on the shoulder can cause traffic jams on both sides of the road, even if the roadway has been cleared.

Although caution is advised when there is unexpected activity on the side of a road, a car with a flat tire on the side of a highway often causes as much slow down as a real accident would due to rubbernecking. The slowdown in traffic persists even after the accident scene has been cleared if traffic is dense. Traffic experts called this phenomenon a phantom accident. Often this behavior causes additional and sometimes more serious accidents among the rubberneckers.

Accident prevention

Although many accidents are caused by behavior that is difficult to alter, by mechanical failure, or by road conditions, some technical solutions are becoming more widely available to prevent accidents:

Proximity monitors: These would automatically detect how close you were traveling to the car in front of you and automatically adjust your car's acceleration to prevent you from getting closer than you can safely stop at your current speed.

Sobriety detectors: These locks prevent the ignition key from working if the driver breathes into one and is shown to have consumed alcohol.

Drifting monitors: These devices monitor how close a vehicle is traveling to lane markers and, if it starts to drift toward or over the markers without the turn signal being activated, sounds an alarm.

In most developed countries, young (under 25 years old) male drivers have been shown to be by far the most likely to be involved in a car accident, and this has become an area of focus in recent times. Reasons suggested for this prevalence include over-confidence, peer pressure, showing off and even neurological development arguments. In addition most serious accidents occur at night and when the car has multiple occupants. This has led to some discussion of the following proposals:

A "curfew" imposed on young drivers to prevent them driving at night.
Requiring an experienced supervisor to chaperone the less experienced driver.
Forbidding the carrying of passengers.
Zero alcohol tolerance.
Compulsory advanced driving courses.

Some countries or states have already implemented some of these, but so far no overall consensus to a total solution has been reached. It should be noted that this prevalence has long been noted by insurance companies, and premiums reflect that - however, very high premiums for young male drivers does not seem to have had a significant impact on the accident statistics, suggesting that these drivers simply accept the high premiums as part of the "on road" costs of mobility.

Contact personal injury lawyers in California for more information.