Injured In a Car Accident in California? Our Firm Can Help
In California, car accidents occur every day. Often, these accidents occur because of another driver’s carelessness or reckless behavior. No matter the cause, car accidents can lead to serious injuries, permanent disability, and even death. If you or a loved one was injured or killed in a car accident caused by another person’s negligence, Mardirossian Akaragian LLP. can help you fight for justice.
We understand what you’re going through and are prepared to fight tirelessly to recover the fair compensation you are owed. We believe that you shouldn’t have to deal with the consequences of someone else’s negligent behavior on your own—let our firm fight for you..
With more than 40 years of combined experience, our Los Angeles car accident attorneys are focused on recovering the maximum compensation on your behalf, whether through settlement or at trial. We understand that car accidents can be devastating and that dealing with the aftermath can be overwhelming. We handle every aspect of your claim from start to finish so you can focus on getting the treatment you need.
Talk to a Los Angeles car accident lawyer about your case or contact our firm to schedule a no-cost consultation.
Schedule Your Free Car Accident Case Evaluation
“A Google search on Los Angeles accident attorneys led me to Garo’s firm. He was not only prompt in responding to my questions and concerns, but compassionate as well. I would recommend Garo to anyone who is seeking a personal injury lawyer!”
In this article:
- Introduction to Car Accident Litigation
- Why Hire a Car Accident Lawyer?
- Causes and Types of Car Accidents
- Case Focus: Castro v. Green Farms
- Legal Implications and Processes
- Compensation and Claims
- Choosing the Right Attorney
- What To Do After a Car Accident
- Contact a Car Accident Lawyer Today
Introduction to Car Accident Litigation
Car accidents and motor-vehicle collisions occur every single day in California. They can range from minor fender benders to those causing life-changing injuries or even death. A car accident can be defined as: “An occurrence associated with the maintenance or operation of a motor vehicle or motor vehicle equipment resulting in personal injury, death, or property damage.”
In 2021, over 40,000 motor vehicle accidents were reported in Los Angeles. Additionally, 2022 saw a year-over-year increase of 5% in traffic fatalities in Los Angeles, with 312 people losing their lives in vehicle crashes. It was the highest annual total for deaths caused by car accidents and vehicular collisions in LA in over 20 years.
Those who drive vehicles do so with the understanding that they must drive with reasonable care and under the law are also allowed to assume that other motorists will also drive with reasonable care. Therefore, when someone fails to use reasonable care and causes an accident or collision, he or she is negligent. Depending on the nature and extent of the damage caused by the negligent party, the injured party may be legally entitled to compensation, including for the damage caused to his or her vehicle, the medical bills he or she incurred and will likely incur in the future, the wages he or she lost and will likely continue to lose in the future, and the pain, suffering, emotional distress, and loss of enjoyment of life he or she suffered and will continue to likely suffer in the future.
There are a number of factors that need to be considered when assessing fault, including vehicle speed, driver distraction, and operator impairment. To learn more about establishing who could be at fault in a car accident or vehicular collision, jump to this section.
If you are involved in a collision, California law requires that under most circumstances you remain at the scene and exchange information. Additionally, under certain circumstances, you should report the collision to law enforcement.
If you have been injured in a car accident or vehicle collision, contact an experienced personal injury lawyer to discuss the options available to you.
Why Hire a Car Accident Lawyer?
In this section:
Dealing with the aftermath of a car accident or vehicular collision can be stressful, confusing, and overwhelming. It can also be frustrating and complicated, especially when injuries are involved. Hiring an attorney who is experienced in dealing with car accidents and vehicular collisions can help ease the stress involved in dealing with the process. It can also have a marked impact on the outcome of you case.
Navigating the Law and Legal Process
An experienced car accident lawyer can ease the stress of navigating the legal system and if necessary represent you in court. If you have a complicated case, including against a large corporation or governmental agency, hiring an experienced attorney could help you obtain just compensation.
Working with Insurance Companies
The complexities surrounding insurance claims can leave you with more questions than answers. Insurance policies can also be difficult to understand:
“Insurance companies write insurance policies to be dense and unreadable to allow them to deny coverage as often as possible. Policies are filled with jargon, legalese and technical terms that make it easier to deny coverage of a claim. I have seen this time and time again in bad faith cases.”
An attorney can help you navigate the complex insurance claims process. Tip: You have not contractual obligation to speak to the other party’s insurance carrier.
Getting Legal Advice
Some attorneys offer a free consultation. During the consultation, the attorney can go over any questions you may have. In addition, most attorneys representing injured parties work on a contingency fee basis, which means that they are paid after you obtain a recovery.
Causes and Types of Car Accidents
In this section:
There are a number of factors that can lead to a car accident.
Types of Driving
Car accidents or vehicular collisions occur when someone neglects his or her duty to drive with reasonable care. This can occur under a variety of circumstances, including when drivers fail to pay attention to traffic conditions, follow too closely, or drive while under the influence of drugs or alcohol.
Distracted Driving
Distracted driving is one of the leading causes of motor vehicle collisions. According to the National Safety Council, more than 3,100 people died in distraction related crashes in 2020. Data from 2021 shows that 12% of fatal distraction-related crashes involved cell phones, accounting for over 300 deaths. Someone driving at 55 mph will travel the length of a football field in 5 seconds. It could take that long to read or send a text message.
Speeding
The speed at which a vehicle is traveling plays a role in how quickly it can come to a complete stop. The National Highway Traffic Safety Administration (NHTSA) estimates that nearly one-third of all traffic fatalities in the United States are caused by speeding.
Impaired Driving
In 2021, the NHTSA reported over 13,000 deaths as a result of drunk driving. Alcohol and drugs reduce a person’s ability to react in a safe and timely manner. Driving under the influence of alcohol or drugs is a serious offense, and even when it does not result in an accident, it can lead to demerit points on your license or even jail time.
Aggressive Driving
Aggressive driving covers a wide range of behaviors that can result in vehicular collisions. Examples of aggressive driving include blatantly ignoring traffic signs and laws, reckless driving, or purposefully tailgating. One study found that between 2003 and 2007 56% of all fatal crashes were caused by aggressive driving.
Auto Defects That Lead to Car Accidents
Not all car accidents are the result of human error. Some accidents or collision occur because of a defect in the vehicle itself. Vehicles are made up of hundreds of moving parts that need to work in harmony in order to run smoothly, and if one of those parts comes loose, breaks, or simply stops working, it can cause a collision.
California law requires that vehicle manufacturers consider collision safety when designing and building their products. When a manufacturer fails to do so, an injury attorney with a proven track record of handing such cases can help you hold the manufacturer responsible and obtain just compensation.
Types of Collisions
The general types of vehicular collisions are the following:
Rear-End Collisions
Rear-end collisions are the most common type. Rear-end collisions can occur when a driver is tailgating, following too closely, failing to pay attention to traffic conditions ahead, or is distracted.
Side-Impact Collisions
In 2017, 24% of reported vehicle crash fatalities were due to side-impact collisions, sometimes referred to as “T-bone” accidents. This type of accident occurs when one car hits the side of another. Personal injuries and property damage from this type of collision vary widely and typically depend on how fast the cars were traveling at the time of impact. Injuries from side-impact collisions can range from orthopedic to serious brain damage or even death.
Head-On Collisions
A head-on vehicle collision is one of the most deadly. With more than 3,000 fatalities linked to this type of collision each year, head-on collisions occur when a vehicle hits another object traveling in the opposite direction, which is usually another vehicle. Injuries from head-on collisions are often catastrophic, ranging from dislocations to head trauma or even death.
Multi-Vehicle Collisions
A multi-vehicle collision or pileup occurs when three or more vehicles collide, often on freeways or busy streets. In California, 45% of all fatal car crashes in 2021 were the result of a multi-vehicle collision. When a larger vehicle, such as a truck, is involved in a multi-vehicle collision, it can be disastrous for smaller cars.
Case Focus: Castro v. Green Farms
On the afternoon of August 21, 2015, 37-year-old Lisa Darlene Chavez was driving westbound on California State Route 60. As she applied her brakes to slow down for traffic ahead, a commercial truck plowed into the rear of her car. The impact destroyed Lisa’s car and pushed the rear bumper all the way into the passenger compartment. After hitting Lisa’s car, the truck struck at least five other vehicles in its path before coming to a stop. While all the other drivers were able to walk away, Lisa lay lifeless in her car.
Garo and Armen stepped in and ultimately secured an eight figure settlement for Lisa’s sons.
Legal Implications and Processes
Negligence in the broadest sense involves a person’s failure to use reasonable care. A driver can be negligent for a variety of reasons, including:
- Speeding
- Failing to yield to pedestrians
- Driving while distracted or while under the influence
- Following too closely
Parties Commonly Responsible for Car Accidents
Here are some examples of the parties that can be held responsible for a car accident:
Other Road Users
In Uno vs. Toyota (2013), Noriko Uno was driving south on Euclid Avenue in Upland, California when another driver ran a stop sign and collided with her vehicle. The impact caused Noriko’s Toyota Camry to spin and start to uncontrollably accelerate up to speeds close to 100 mph. Despite her best efforts, Noriko lost control of the vehicle, clipped a utility pole, jumped the median, and crashed into a tree, ending her life. Working alongside her surviving husband and son, Garo and Armen tried the case and obtained an $11,900,000 wrongful death payout against the responsible driver.
Governmental Entities
In Ekbatani v. State of California, Amir Ekbatani had his leg amputated below the knee as a result of being thrown from his motorcycle when a taxi made a left turn into Amir as both attempted to negotiate a dangerous intersection. Our firm worked with Amir to sue both the taxi driver and the California Department of Transportation on the grounds that the taxi driver was negligent and the governmental entity knew about the danger of the intersection and made no effort to fix it. After a $35,000,000.00 verdict in Amir’s favor, the State of California finally fixed the intersection and made it safer for its users.
Auto Manufacturers, Suppliers, and Dealerships
After being sideswiped by another driver, Sukhsagar Pannu‘s Land Rover Discovery rolled several times before coming to rest upside down. The roof of his Land Rover Discovery crushed, causing severe spinal injuries that ultimately paralyzed Mr. Pannu for the remainder of his life. We helped Sukhsagar sue Land Rover for its rollover propensity and defective roof design that led to his life-altering injuries. After a long trial, a Los Angeles Superior Court Judge found the Land Rover Discovery to be defective in design and awarded Sukhsagar $21,900,000.00 in damages. After adding interest and costs to the result, Land Rover eventually paid over $25,000,000.00.
Dealing with Third-Party Insurers
There are are many steps between collision and resolution and immediately following the collision things can become overwhelming. You may be contacted by an insurance company, the adverse driver, or medical providers seeking payment for the services they provided to you. If the other driver was at fault, it is likely that there will be a third-party claim against the insurer’s auto liability coverage. As a result, insurance companies may sometimes try to make it difficult for you to prove fault against their insured, dispute the nature and extent of your injuries, and/or deny your claim. Remember: You are under no contractual obligation to speak to the other party’s insurance provider.
Additionally, while the defendant is insured and may indeed be liable for the crash, an insurance company may use the information you provided in the hopes of limiting your third-party claim. If you have any attorney, he or she can communicate with the other party’s insurance carrier instead of you.
For example, suppose you received initial treatment for injuries as a result of the collision and provided the bills to the insurance company. The insurance company may offer you a quick settlement to pay these bills and forever prevent you from bringing another claim as a result of the collision. To some, this may sound good at first, since it results in a quick and easy settlement. However, if the effects of your injuries do not become apparent for weeks, months, or even years after the incident, you will be forever barred from seeking compensation. Thus, it is usually wise to wait a sufficient amount of time so that you can ensure that you have accounted for all of the injuries and damages you suffered from the incident.
Motor vehicle insurance claims can be overwhelming to tackle alone and routinely take months or years to resolve. Experienced attorneys can ease the stress by, among other things, talking to insurance companies, providing relevant documentation, positioning the case for a reasonable settlement and, if necessary, taking your case to trial.
Compensation and Claims
As with most things, the compensation you deserve varies on a case by case basis. Compensation broadly comprises two types of damages: general and special.
General damages entail the pain, suffering, emotional distress, anxiety, loss of enjoyment of life, disfigurement, and inconvenience you suffered and will likely continue to suffer into the future as a result of the collision.
Special damages entail the reimbursement of any medical costs and lost earnings you have incurred/lost and will likely continue to incur/lose in the future.
How Long Do I Have to File a Car Accident Claim?
In California, so long as the responsible party is not a governmental agency or acting on behalf of a governmental agency at the time of the collision, an adult has two years from the time of the collision to file a bodily injury claim. Thus, if you are considering making a claim, you should consult with an experienced car accident attorney as soon as possible following the collision.
Choosing the Right Attorney
There are a number of factors to consider when choosing the right attorney for your case. A firm’s track record is one of the more important things to consider, but their reputation should also be factored. Another aspect you should consider is the firm’s experience in handling personal injury claims, especially in cases that involved similar difficulties or complexities as your own. Established in 1981, our firm has been exclusively handling personal injury cases for over the last 40 years. We have obtained over $500 million for our clients and have handled dozens of landmark cases that have made California a safer place.
What To Do After A Car Accident
Here are some steps to take following a car accident or vehicle collision:
1. Assess Injuries
Even if there are no serious or visible injuries, it is always best to seek medical attention after a car accident. Be aware of any secondary symptoms, as they may not appear for several weeks, months, or even years after the accident.
2. Collect Evidence
Try to gather relevant evidence. Such evidence may include:
- Photographs/videos of the vehicles and scene
- Black Box Data if available
- Surveillance video that may have captured the collision
Also try to get the other driver’s information, including:
- Full name
- Home address
- Driver’s license number
- Auto insurance provider and, if possible, policy number
- Phone number
- E-mail address
- License plate number
3. Obtain a Traffic Crash Report
Sometimes, law enforcement will come to the scene of a vehicle collision (especially if someone is seriously injured) and write a report. Regardless of whether law enforcement writes a report or comes to the scene, you must, at a minimum, report the collision to the California Department of Motor Vehicles (DMV) if the damage to both vehicles exceeds $1,000.00 or if someone is injured/killed. The DMV must be notified within 10 days.
4. Open a Claim with the Insurance Company or Contact an Experience Attorney to Assist
Some insurance companies have an online form or application to help you submit your claim. Others require that you contact the insurance company by telephone. The information you provide or fail to provide can have an impact on your claim going forward. To ensure that the claim process goes smoothly, it usually makes good sense to hire an experienced car accident lawyer to help you every step of the way.
If you have been severely injured in a car accident or vehicle collision through the fault of other(s), our firm is ready to help you from the beginning through successful resolution. For additional information, please visit our personal injury page.
“I was injured in an auto accident and contacted Mardirossian & Associates on a Saturday afternoon and to my surprise, my call was returned within an hour. Throughout the process, Garo kept me in the loop and informed about the progress of my case. He was quick to respond to all my emails and telephone calls, even when I contacted him after hours or over the weekend. I was very pleased with the settlement in my case which surpassed my expectations.”
Contact a Car Accident Lawyer Today
With more than 40 years of combined experience and with hundreds of millions of dollars collected in car accident and vehicular collision cases, our attorneys are focused on recovering the maximum compensation on your behalf, whether through settlement or trial. Led by our award-winning attorneys, Garo Mardirossian and Armen Akaragian, we are prepared to provide you with the aggressive representation and personalized legal guidance you need.
Talk to one of our Los Angeles car accident lawyers about your case or contact our firm to schedule a consultation.
Schedule Your Free Car Accident Case Evaluation
Original image from Unsplash
Sources cited in this article:
- Definition: motor vehicle accident from 49 USC § 30166(a) – Legal Information Institute
- OTS: California Annual Report 2022 – NHTSA
- L.A. traffic deaths rose in 2022, surpassing 300 fatalities for first time in two decades – LA Times
- What Are the Elements of Negligence? – FindLaw
- California Car Accident Report Basics – FindLaw
- Contingency Fee – Legal Information Institute
- Distracted Driving – Injury Facts
- What Are The Main Causes of Car Accidents? – HG.Org
- Almost One-Third of Traffic Fatalities Are Speed-Related Crashes – NHTSA
- Drunk Driving – NHTSA
- How do Traffic Violation Points Affect my Driver’s License? – Nolo
- Facts + Statistics: Aggressive driving – Insurance Information Institute
- Fatality Facts 2022 – IIHS
- Car Accident Claims Against Negligent Drivers – Nolo
- How Does Car Insurance Work? – Nolo
- Do I Have to Talk to the Other Driver’s Insurance Adjuster? – Nolo
- Statute of Limitations – California Courts
- California Code, CCP 335.1 – California Legislative Information
- How to Hire the Right Car Accident Lawyer for Your Case – HG.Org
- What Is In a Police Accident Report & How Do I Get a Copy? – Nolo
- How Car Accident Laws Work in California – Nolo
