A car accident, also known in other terms such as traffic collisions, automobile accidents, car crash, wreck, motor vehicle accidents etc. are accidents that take place when a motor vehicle crashes into another motor vehicle, either mobile or stationary, pedestrians, oncoming animals, or other inanimate objects such as road divides, trees or traffic road signs. For any issues you must contact a Los Angeles car accident lawyer.
Minor injuries, according to researches carried out in the United States of America, it is said that a great majority of personal injury claims reported emerge from car accidents and collisions. The National Highway Traffic Safety Administration (NHTSA) places the number of car accidents reported to the police in 2012 was almost about five million, six hundred and fifteen thousand (5,615,000).
Classifications Of Car Accidents
Car accidents can be fatal or non-fatal depending on factors such as the nature of the object which the car collided with, the kind of speed the driver was on, whether the occupants of the car were putting on seat belts or not and the help they received as soon as possible after the car crash. Car accidents could be classified into five kinds according to Car Accident Lawyer in Los Angeles, CA, and these include:
Factors Capable Of Causing Car Accidents
- Head-on collisions: Head-on collisions as the name implies, are traffic car accidents whereby two cars, coming from opposite directions ram into each other with the front ends of their vehicles. This could be as a result of the fault of just one or both of the drivers. Head-on collisions are always almost the most fatal kinds of car accidents.
- Roadway departure: Roadway departures are also known as run off road collisions and it is a term used to describe a type of road collision involving a single vehicle. Here, the vehicle leaves the road and crashes into an immobile vehicle, trees, houses or anything on its path. This is usually due to a misjudgment or a miscalculation on the part of the driver, loss of control of the steering, loss of brake power, or an attempt to avoid a collision with an oncoming vehicle, a pedestrian or an animal. The fatality rate here is usually low depending on the object that was crashed into.
- Rear-end collision: This is a kind of car accident whereby the vehicle at the rear crashes into the rear end of the vehicle in front of him. This is usually caused mostly by lack of concentration or distractions on the part of the driver at the rear, reduced traction caused by weather activities or a worn out pavement.
- Side collisions: In side collisions, the side of the cars feels the impact of the accident as it is usually the area that is more hit and that seems to be what brought about the name, side collision. Such car accidents occur at road intersections, parking lots etc. Total injuries, both to driver and passengers, could be severe depending on the part of the car that was hit and the position of occupants.
- Rollovers: This kind of accident has far more reaching consequences and usually leads to the occupants of the vehicles sustaining major injuries or dying at the spot. It is usually very fatal. In this kind of car accident, the vehicle tips over its side after probably tumbling for a number of times and lands on its roof or sides.
There are certain factors that are capable of causing car accidents. The human factor is the major factor capable of causing car accidents and researches have put it as the major causes of car accidents in the US. The human factors include all factors related to the road users that could possibly lead to a car accident. Such factors include split second decision making capabilities of the driver and the driver’s approach to driving.
Other factors include distractions and lack of concentration on the part of drivers, which is mostly caused by the use of their mobile phones while driving, driving at a speed way higher than the set speed limit, driver impairment usually caused by alcohol, drug use, lack of sleep, old age and possibly, poor eyesight.
Legal Effects Of Car Accidents
The law involving car accidents is usually a combination of the traffic law and the law on personal injury. The law on car accidents is the law that is used in determining who is at fault in a situation of a car accident occurrence and who becomes responsible for fitting the bills for tending to the damages resulting from the collision, both human and property damages. As a Car Accidents lawyer having handled similar cases in Los Angeles and San Fernando Valley California, in this area, the principles of negligence are usually applied. The Principles Of Negligence And Legal Consequences
While there might be slight distinctions, it is usually required in every state that car accident victims must prove four very necessary basic elements before they can be recompensed.
The first element is duty; and herein, with respect to duty, motor vehicle operators have a legal obligation to obey all traffic rules and regulations and use their vehicles in such a way as not to cause bodily harm to fellow road users. Proving a negligence of the element of duty is quite easy and mostly always accepted.
The second element is breach; and most probably, a traffic surveillance video or an eye witness account is enough evidence for the plaintiff to prove beyond doubt that there was a breach on the part of the driver.
The third element is causation. Even if it has been accepted that the defendant has been proven to have neglected the first element of duty, and had been found wanting in the area of the second element of breach, the third element of causation has to be fulfilled before any compensation can be agreed upon. By this, it means that it has to be proven that bodily injuries were caused by the car crash. This can be achieved by a medical testimony showing that injuries to the plaintiff were caused by the car crash.
The fourth and last element is that of damages or harm. Here, the plaintiff must prove that the breach of duty on the part of the driver is responsible for causing him or her damages or harm, either bodily or property. Once the element of harm has been proven, the plaintiff is then entitled to be recompensed for medical expenses, lost wages, damaged property etc.
For your entire car accident related matters, the Leventhal Law Group, P.C offers free and no obligation consultation with a qualified attorney. Call 818-347-5800 for a free consultation today!