Car Accident Injury

• From 2017-2021, an average of 3,933 people were killed on California roads annually.
• More than 15,000 people are seriously injured in car accidents in California each year.
• In 2021, unrestrained vehicle occupants accounted for 38% of California car accident fatalities, despite only accounting for around 4% of all vehicle occupants on the road.
• Urban areas like Los Angeles, San Diego, and San Francisco see around 70% of motor vehicle accident deaths in the state.
• Around 55% of fatal crashes involve only one vehicle.

• Distracted driving: When a motorist is using their cell phone, eating, or fiddling with the radio, they may fail to notice hazards or drift off the roadway. This can lead to rollovers or rear-end collisions.
• Driving under the influence: Alcohol, illicit drugs, and prescription drugs can all impair a driver’s ability to operate their vehicle safely.
• Running red lights and stop signs: The desire to “beat the light” can lead to T-bone accidents or collisions with pedestrians.
• Improper passing: Illegal passing on two-lane highways can lead to head-on collisions.

Motor vehicle accidents can lead to many types of injuries, varying in severity from very minor to life-threatening. Some of the most common injuries after a car accident include:

• Traumatic brain injuries and other head injuries
• Spinal cord injuries and paralysis
• Back and neck injuries
• Broken bones
• Internal organ damage
• Whiplash
• Lacerations and bruising

• Due to their high populations, Los Angeles, Orange, San Diego, San Bernardino, and Riverside counties have the highest number of accident fatalities each year.
• The months of August-November see the highest number of fatal crashes.
• Tuesdays-Fridays have the highest number of accidents.
• Afternoons and evenings see more accidents than mornings.

If you are involved in a car crash, always remain at the accident scene until you are cleared to go. Failure to do so could constitute a hit-and-run.

Hit-and-runs that cause property damage are misdemeanors in California and can carry penalties of up to 6 months in jail and up to $1,000 in fines.

To avoid a hit-and-run charge, you must stop your vehicle and exchange information with the other driver. You must provide the other party with your name and address, regardless of who was at fault.

If you hit and damage a car that was parked, you must either notify the vehicle owner in person or leave a note with your contact information.

A hit-and-run may be considered a felony if another person was injured or killed. A felony hit-and-run can come with penalties of up to four years in prison and up to $10,000 in fines.

California first enacted seatbelt laws in 1986. It is a primary enforcement state, which means that you can be pulled over and cited for not wearing a seatbelt.

Under California law, all vehicle occupants must wear a seatbelt, regardless of age or where they are sitting in the vehicle.

If an unbuckled passenger is over the age of 16, both the driver and the passenger can be ticketed.

An adult seatbelt violation can result in a $162 fine. A seatbelt violation for a child under the age of 16 can result in a $490 fine.

Seatbelt use in California is around 96%.

The penalties for driving under the influence in California vary depending on whether it was the driver’s 1st, 2nd, 3rd, or subsequent offense. It may also depend on if the driver caused an accident that resulted in an injury or fatality.

If charged as a misdemeanor, the at-fault driver may face the following penalties:

• Probation for up to five years
• Up to one year in jail
• Fines of $390-$5,000
• License suspension
• Required participation in DUI school or a drug/alcohol education program

If the at-fault party is charged with a felony DUI, the penalties are even harsher. Potential felony DUI penalties include:

• 2-4 years in prison, with possible additional years depending on the severity of the victims’ injuries
• Fines of up to $5,000
• License revocation
• 18-30 months in a drug/alcohol education program

DUI convictions remain on a California driver’s record for 10 years.

Even if you are not the at-fault party in an accident, it’s important to protect yourself and your right to an insurance claim. What you say and do after the crash can impact your potential settlement.

If you’ve been involved in a motor vehicle accident, take the following actions:

• Move your car to safety, preferably to the shoulder of the road or a nearby parking lot if possible.
• Check for injuries—if anyone is seriously injured, dial 911.
• If there are no serious injuries, call the local non-emergency line and ask for an officer to be dispatched to the scene to file a police report.
• Exchange contact information and insurance information with the other party.
• After leaving the scene, seek medical attention if you did not already. You may have hidden injuries.
• Notify your own car insurance company of the accident, even if you are not at fault.
• Consider contacting an auto accident attorney to explore your legal options.

Virtually all legal cases, both criminal and civil, are subject to a statute of limitations. This statute sets forth a time limit for filing charges. Once the statute of limitations has expired, the plaintiff loses their right to a claim.

The statute of limitations for car accidents in California is generally two years. This may seem like a long time, but personal injury cases can move slowly, depending on the other party’s willingness to settle and the court’s caseload.

To avoid missing deadlines, it’s a good idea to contact an attorney as soon as you believe you have a claim.

Every personal injury case is different, so there is no one-size-fits-all formula for calculating a potential settlement. Depending on the factual circumstances of your case, you may be able to seek financial compensation for the following damages:

• Medical bills
• Lost wages and loss of future earnings
• Pain and suffering and emotional distress
• Property damage
• Future medical care, such as physical therapy
• Funeral and burial expenses (in the case of wrongful death)

Contact The Advocates for a free consultation—we can help determine the potential value of your case.

Not every case requires a personal injury lawyer. However, if you are facing medical expenses due to injuries from your crash, you may be entitled to compensation.

If you do choose to file a car accident lawsuit, fighting it on your own can be a challenge. Insurance providers often do their best to avoid offering accident victims a fair settlement. An auto accident lawyer can take on these multi-million dollar corporations for you.

The Advocates injury attorneys have decades of experience negotiating on behalf of clients. We will help you gather evidence, keep track of medical records, and fight for maximum compensation.

In addition to experienced legal representation, we offer personalized care and attention based on your individual needs. We can help you find medical care or repair shops in your area. Your Advocate will be there for you and your family throughout the entirety of your case.

Contact us today for a free case evaluation. You deserve a legal team that will put you and your loved ones first. You deserve an Advocate.