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Consequences of Not Filing a Car Accident Police Report

Consequences of Not Filing a Car Accident Police Report

by | Mar 13, 2023 | Accident Basic

You cannot control unforeseen situations like accidents, but you can always control the hassle after a car accident. The adrenaline rush after an accident can not only cause pain but also result in severe stress that could lead to incorrect decisions. One such decision is not filing a police report of the car accident

What Is an Auto Accident Police Report? 

Immediately after an accident, you are required to call the police to the accident scene to inspect the case and note every detail of the crash. Typically, a police report will contain the following information: 

  • The location of the accident
  • The approximate time of the accident
  • Any injuries to drivers and/or passengers
  • Damage to the vehicles involved in the accident
  • Registration number of the vehicles involved 
  • Statements from the drivers involved
  • Environmental conditions at the time of the accident
  • Roadway and visibility conditions of the site
  • Any other damage to someone else’s property or pedestrians 
  • Statements from other witnesses at the site of the crash
  • Securing contact information (phone number, address, insurance information) from the drivers involved 

The law enforcement officer, based on their observations, will conclude who is responsible for the accident and to what extent. Therefore, what is written in the police report about the accident is of huge importance. Also, make sure that you get a copy of the police report for future reference.

Importance of an Accident Police Report

Unbiased observation

Police reports play a significant role in determining the faults and damage after an accident. You must provide the officer on site with all the information rather than add and change facts later on in the report which could be suspected. Police reports are of utmost importance because they are an unbiased view from a third person. A law enforcement officer doesn’t have any vested interests and thus is expected to be objective in covering multiple facets of the car crash. It is thus advised that your first call after a crash should be 911. 

Your lawyer needs it

If you were involved in a serious accident and failed to arrive at a settlement amount, you might be planning to file a lawsuit. But even here, police reports will have a significant role to play. When you hire a lawyer, the primary focus of the lawyer will be what the police report contains about the accident, or in other words, what is the law enforcement’s evaluation of the crash. 

how long could a car accident impact you

Your insurance company needs it

Not only this but your insurance company will also look for what’s in your police report. The significance increases by multiple times if the report points out the fault to a single party or driver. In states where penalties and punishments are based on a comparative negligence system, the police report plays an extremely important role. The amount of compensation you obtain from your insurance company will also be dependent on the police report. 

Reporting to the DMV

When it comes to reporting accidents, every state has different laws. Although every state requires a DMV report if someone is killed or injured in an accident, others may require it even without this prerequisite. In fact, there is a specific deadline for filing a report in the Department of Motor Vehicles. Additionally, there are specific conditions for filing a DMV report. For example, in Michigan, it is compulsory to report to DMV immediately if there is injury, death, or property damage of more than $500. But every state does not require every accident to be reported to the DMV. 

An accident that generates a police report is automatically filed with the DMV. Even if a police report was filed, it is advisable to file a DMV report as the police may not report the accident to DMV within the specified time limits of your state.

Therefore, it’s your responsibility to file a report in the DMV within the deadline. The deadline could be as low as 4 hours as in Puerto Rico or could be as high as 6 months as in Arizona. Therefore, immediately after an accident, check your state laws and accordingly take the next steps. 

It must be noted that all the parties involved in an accident are required to make their report to the DMV. The other party could file a report and blame you for the accident and you could thus be in a disadvantaged position. 

Do not rely on your insurance company for filing the DMV report as it’s either your own responsibility or that of the police. Insurance companies do communicate with the DMV, but the objective is to study your driving history which directly impacts your insurance coverage, depending on the type of coverage you have and whether you are convicted of a serious driving offense. Several other factors, such as insurance policy lapse, might be a reason why your insurance company contacts the DMV. All in all, nothing seems optimistic about the communication between the insurance company and the DMV after the accident.

How Long Does the Accident Record Remain with the DMV? 

DMV keeps a record of all the accidents reported to it for a certain period, depending upon the state in which the accident happened. For example, in California, the DMV maintains the record of drivers for 3 years, irrespective of who was at fault. The law could be the same or different depending on your state. However, this time frame is only for accident reporting. This time frame is different from other violations such as DUI or speeding that could remain longer on your driving record.

 

How to File a DMV Report

You can file a DMV report online or take out a printed copy and fill out the details in the same. Every state shall require a different form to be filled out. For example, in New York, you are required to fill out the MV-104 form while in others such as  California and New Jersey, you are required to fill out the SR-1 form, that too within a specific time period. 

 

Is a Police Report Different from an Accident Report? 

Police reports are different from accident reports in several ways. Police reports are usually prepared by the law enforcement officer at the scene, and this requires immediate action. Accident reports are registered with the state’s DMV and are generally filled out online. The time period to file an accident report is usually longer than that of a police report (which will again depend on your state). If the police report could not be prepared at the accident site, the driver is legally obligated to contact the police and report the accident at the earliest. 

Consequences of Not Filing a Police Report After an Accident

One of the biggest blunders you could make after an accident is not filing a police report. You might be hesitant to file a report especially when you’re at fault, but reporting to the police is a better option than fleeing away. However, it is suggested that you should never admit your fault while the officer is recording details of the crash. This report plays an important role in further procedures, and it could turn the tables against you. From getting fair compensation from your insurance company to the verdict after a lawsuit, situations could be more problematic if you admit that the fault was entirely yours. 

  • Punishments and penalties:

    As with every other law, punishments, and penalties for failure to file a police report vary from state to state.

    • For example, in Illinois, you could be fined $2,500 or one year of jail. If you flee the place of the accident in Illinois, it would automatically be considered a Hit-and-run case which has more serious penalties. If you leave the place and there was damage exceeding $1,000, your license could be suspended. If there are serious injuries or fatalities due to the accident, your driver’s license could be revoked.
    • In Texas, failure to report could result in a penalty of up to $5,000 and/ or imprisonment.

  • Inability to recover damages:

    An accident report is important because it helps draw a clearer correlation between the accident and the injuries sustained. Many injuries like whiplash and Traumatic Brain Injuries (TBI) are not immediately visible after an accident. If you delay reporting, your insurance company could claim that the injuries were sustained somewhere else. Also, insurance companies will always look at what’s in the police report before they offer and settle compensation.

  • Loss of credibility:

    If you avoid filing a police report and the other party does so, you are under a suspicious eye for not doing so. The other party could blame you even if it wasn’t your fault. Since the law is based on evidence, you could end up bearing the blame where you could have got off scot-free. 

FAQs about Consequences of Not Filing a Car Accident Police Report

A. Can someone else file a police report besides the driver?

Yes, it is not always necessary that the driver should file a police report. If the driver is injured and physically incapable of filing the report, then their passengers should notify the concerned authorities and make a report at the earliest. If the driver was alone at the time of the accident, it is the responsibility of the other driver to report the same to the police. 

If the driver is not the owner of the vehicle, the owner must file the report if the driver is incapable of doing so.

B. Do minor fender-benders need to be reported to the police or the DMV?

Most states require a report to be filed if it reaches the state’s threshold, i.e. injury/ death or damages up to certain bucks. In minor accidents where the damage is not very high, you may not want to call the police, especially if it was your fault. In any case, police on the accident scene are helpful for damage assessment and medical assistance. Sometimes, there are undetected injuries and damage to the vehicle. A police report is official proof of the accident which helps you negotiate a fair claim with your insurance company.

C. What if the other driver refuses to file a police report?

You should still report it to the police. The other driver may not want to report due to personal interests. The other driver could be unlicensed or driving under influence, the vehicle could be uninsured/ underinsured, they could be carrying something illegal, or may avoid a police report due to any other reasons. Therefore, you should report to the police no matter how hard they try to convince you.

D. Can there be a situation when not reporting to the police is fine?

There can be situations when not filing a report is fine. These situations will be based on self-judgment. Some of them include: 

  • There are no significant damages
  • If no one is hurt
  • If there is an absence of police 
  • If the damage was to your private property
E. Is it compulsory to report the accident to the insurance company also?

No law requires you to report the case to the insurance company. It totally depends on your insurance policy. But it is better to inform them as soon as possible otherwise you will have to spend quite a lot more bucks out of pocket.

You should call the police to the location of the crash immediately. Even if you feel like a police report is not that important, it is better to exchange contact and vehicle information with the other party. Do not forget to take pictures of the site and the vehicles as they also play an important role during the settlement and lawsuit, if need be. After all, you can never have too much information or documentation when it comes to accidents.

A Beginner’s Guide To Hiring A Car Accident Lawyer

A Beginner’s Guide To Hiring A Car Accident Lawyer

by | Jan 25, 2023 | FAQ

Even the most excellent writers make mistakes, even the most fluent speakers fumble, and even the most skilled drivers cause accidents. Dealing with accidents and the hassle they cause becomes a nightmare if you have to deal with it all by yourself. The stress of the accident cannot be undone but it can definitely be reduced by hiring a car accident attorney. This article is a complete guide for all those who are thinking or never thought of hiring an attorney to manage their personal injury case.

 

WHY HIRE A CAR ACCIDENT LAWYER?

The immediate question that strikes a driver after the mess caused by an accident is, “Is hiring an attorney even worth it?” Let’s do a quick analysis using this short questionnaire.

  • Are you dissatisfied with the settlement provided by your insurance company?
  • Was it a personal injury case?
  • Was it your fault (even partially) in an accident?
  • Is there a possibility of a lawsuit being filed against you?
  • Are there any losses you don’t know how to prove in a settlement?

If the answer to any of these questions is, “Yes,” then you need to hire an attorney. Of course, minor fender benders don’t require a lawyer but if you had a serious accident and incurred heavy losses, an attorney is a must. Attorneys will not only help you get the right compensation for your vehicle damage, lost wages, and medical bills but also the emotional stress you have gone through due to the accident.

If the answer to any of these questions is, “Yes,” then you need to hire an attorney. Of course, minor fender benders don’t require a lawyer but if you had a serious accident and incurred heavy losses, an attorney is a must. Attorneys will not only help you get the right compensation for your vehicle damage, lost wages, and medical bills but also the emotional stress you have gone through due to the accident.

How TO HIRE A CAR ACCIDENT LAWYERS

Hiring an experienced attorney is helpful because of 4 major reasons:

 

In-depth legal knowledge

With respect to vehicle codes and even other laws, every state follows a law different from others. A lawyer has in-depth knowledge of these legal aspects and would enable you to find and work on the aspects relevant to your case so that you don’t waste time on investigation and research and instead focus on recovery. This becomes more important when the case reaches the stage of a lawsuit that involves heavy paperwork, gathering evidence, legal citations, etc.

In addition, an attorney would help you settle the case, negotiate a settlement and deal with self-interested healthcare systems.

 

Getting you the right monetary compensation

Experienced auto accident lawyers help you compensate practically for every bit you spent and every loss you incurred. This also includes the loss of your loved ones and the pain and suffering you went through but cannot be reflected directly in the form of bills and physical damage.

Monetary compensation will also include negotiating with your car insurance companies. Car accidents happen in the U.S. daily and most of them are settled with an insurance claim unless the case involves something intense and negotiation proves futile. Quite often, we are not satisfied with the claim paid by the companies because they come up with some pretty believable arguments that make you believe that you don’t deserve your demanded coverage. An experienced attorney will help you get through all these and earn the monetary benefits that you deserve.

 

Guiding you after a crash

After an accident, you might not notice minor body pains or may mistake serious internal injuries like whiplash as normal side effects of prolonged stress. Lawyers would guide you through this and also remind you of the immediate action to be taken after the crash. Therefore, you must always get in touch with your lawyer before anyone else, even your insurance company. Informing your insurance agent is, of course, important but even before that an experienced attorney would guide you on how much is to be reported to your company to serve your maximum interest. Remember that you must not give any recorded statements to your insurance company before discussing them with your attorney.

 

Experience

This is both a criterion and an essential quality to look for when hiring a lawyer. Above everything, the fact is that lawyers have handled many cases like yours. Hence, they know the requirements and the ways to fulfill them. Lawyers are undoubtedly important if your case involves a lawsuit. But even otherwise, it is better to hire a lawyer in the initial stage than regret later with enough damage already being done and a trial to begin. The fee charged by them also increases with the progress you make without a lawyer. Hence, the biggest blunder you could do after an accident is not seeking legal consultation.

 

When to hire an auto accident attorney?

Once you know how important the role of an attorney is, you might wonder what is the right time to hire them. The simplest answer is: as soon as possible. If you’re already involved in an accident, there’s no point in waiting for the ideal time. In fact, you should have good contact with an attorney just like you have your family doctor. This makes legal advice readily available to you whenever you find the need for it.

 

How to hire an attorney?

Hiring an attorney is not rocket science, especially in this interconnected network where every piece of information is just a click away. You can simply search on the internet to find auto accident lawyers in your specific state and you shall find a number of search results to choose from.

Another way is to seek referrals from your family and friends to contact lawyers with first-hand experience.

You could also seek a recommendation from your attorney who had represented you in some other legal matter.

Besides these, you can contact the bar association of the respective state which contains the records of all licensed attorneys in your area. But it’s still better to contact a well-reputed lawyer who is known by someone you know.

 

Choosing the right attorney

Once you have made up your mind that you need an attorney, you need to make sure that the attorney you’re relying on is the right one for you. Certain parameters need to be kept in mind while hiring an auto accident lawyer:

 

Discussing the free upfront

Perhaps the fee is the first thing we focus on while searching for any kind of lawyer. You do want to win the case or the negotiation but without causing your pocket to burn. The fee structure will vary from lawyer to lawyer and case to case. Generally, personal injury lawyers charge a contingency fee ranging from 33.33% to 40% of the settlement money but this could vary. Go through the whole agreement carefully and be clear specifically with the fee structure before you sign it.

Even if you don’t have enough financial resources to hire a skilled lawyer, you can go ahead with pro bono services. Most personal injury lawyers would agree to it if they feel like you have a strong case. Although the American Bar Association does not regularly monitor it, it is an ideal to which lawyers should aspire. As per the ABA Model Rules of Professional Conduct, every lawyer has a professional responsibility to provide legal services to those unable to pay by rendering at least 50 hours of pro bono public legal services per year. You can easily find such lawyers online.

 

Initial consultation

This is indeed absolutely essential, especially if you’re communicating with a lawyer for the first time. You should have a detailed consultation with the lawyer about the recent cases that they have won, analyze their success rate, and the specific cases they deal with. Even within the broad sphere of personal injury cases, there are different specialties such as motorcycle accidents, truck accidents, bicycle accidents, bus accidents, pedestrian accidents, and so on. Therefore, the choice has to be well thought out.

You could also ask for client reviews for further insights into their work. Communicate your needs to your potential lawyer and seek information regarding past experience in similar cases, their current caseload, and the time and resources they would be able to devote to your case. You should also focus on discussing your chances of winning the case, the alternative solutions such as mediation, and what are the expectations from the lawyer’s side.

Ask as many questions as you want to before you make the final choice. Prepare certain basic questions beforehand and if you find the lawyer is a transparent communicator and has wide experience in the specific accident type, then you must go ahead without delay since time is very crucial in such cases.

 

After hiring a lawyer

Once you have done your research and made the final choice, it’s now your responsibility to be transparent to your lawyer and lay bare every minute detail of the case. Lawyers need to know these so as to defend you in court and ensure fair compensation for your losses. However, this doesn’t allow them to misuse the personal information provided to them, leading to a breach of information. Again, you should make such points clear in the agreement between you and your attorney before beginning the case.

Lawyers don’t necessarily mean that everything has to be dealt with in court. In fact, a good lawyer would ensure that your case resolves without entering the court premises. Give yourself enough time after interacting with a number of lawyers to make the final choice. Find out if you’re able to freely communicate with them and show faith in them. Remember that with every win, good communication and trust between the client and the lawyer is the key.

Role Of The Insurance Company In A Lawsuit

Role Of The Insurance Company In A Lawsuit

by | Jan 25, 2023 | Laws-regulation

What Is a Lawsuit?

A lawsuit is a legal claim for compensation filed in court. Usually, in personal injury cases, a lawsuit is filed where all means to reach a settlement acceptable to both parties involved prove futile. This means that not every accident case would involve a lawsuit. In fact, 95% of all car accident cases are resolved or settled without ever going to court.

Usually, after a personal injury case, you should seek medical attention and hire a personal injury attorney. The attorney would initially investigate the case, the police reports, medical records, and other relevant evidence. After this, you might attempt to settle with the at-fault party through negotiation.

But if you’re not satisfied with the amount offered by the other side, you file a personal injury lawsuit. This sets off the discovery phase whereby additional information is gathered by the defendant’s side to reduce the comparative negligence in the accident. After this, a last attempt is made to arrive at a settlement amount. If you are still dissatisfied, you need to go to court on your trial date and wait for the verdict. You might appeal the court verdict if you have reason to believe the court arrived at the wrong decision, either on fault or damages. After this, the final judgment is given by the jury on the damages due for your claim.

ROLE OF THE INSURANCE COMPANY

Some of the situations that could lead to a car accident lawsuit are as follows:

  • The negligence of the at-fault party resulted in an accident in which you sustained injuries and vehicle damage.
  • The at-fault driver struck your car which led to the death of the passenger.
  • The at-fault party struck your vehicle when you were away, for example, when it was legally parked somewhere.
  • Other reasons such as when your insurer refuses to compensate for your damages.

 

Role of the Insurance Company in a Lawsuit

Every state law requires all state drivers to carry liability insurance that provides a certain level of compensation to injury victims as a result of the accident caused by the insured (the one who has insurance). Liability insurance requires the insurer (the insurance company) to defend the insured (the accused driver) and to pay up to the specific limits of their respective insurance policy if they’re found liable to pay. This is the major role of the insurance company in a motor vehicle lawsuit since it is the insurance company involved in the case on behalf of an insured driver.

Generally, because the other insurance carrier will be on the hook for any payment, they will make their best efforts in litigation and settlement to minimize their liability.

Insurance companies would pay for damages and medical bills immediately followed by the accident. If you have uninsured or underinsured insurance coverage, your insurance company will also pay for damages that are not paid by the at-fault uninsured motorist. And if they fail to do so, you can file a lawsuit against them. The insurance company will however pay the valid claims up to the limit of the insurance coverage as mentioned in the contract on the date of the accident.

 

In case the at-fault driver has underinsured insurance coverage, the injured driver can turn to their own insurance company if their insurance policy provides more coverage than the at-fault party.

The insurance company, whether your own or that of the at-fault driver, will pay only when it receives a court judgment that makes them legally responsible to act in that manner. A lawsuit will be filed by the injured driver. The insurance company of the other driver here has the responsibility to hire a lawyer to defend the insured driver in the lawsuit to reduce the amount to be paid by the company on a verdict. However, the insured party is not always provided an attorney but only if the clauses in the insurance do so.

Is it your insurance company’s duty to defend you in a motor vehicle lawsuit?

Your insurance company has to defend you in an accident only if a ‘duty to defend’ clause is present in your liability policy. Duty to defend means that it’s the responsibility of your insurer to provide legal defense by hiring lawyers to defend you against a lawsuit that involves a potential claim on your policy.

This would also include their autonomy to make decisions about whether to take the case to court or to settle without court intervention.

‘Duty to defend’ is different from ‘duty to indemnify’ on the grounds that the insurer will only have the responsibility to pay back once the legal fight is over. In such a case, you would have to find an attorney yourself.

It’s also important to note that the duty to defend is different from the right to defend. In simple terms, duty implies the obligation to defend you against a lawsuit but the right to defend provides your insurance company to choose whether or not to provide your defense.

It’s preferable to have your insurer defend your case since they shall benefit from their extensive network of proven lawyers. They are also skilled in handling complex paperwork, deadlines, and established legal practices and procedures. Also, there shall be no conflict of interest as they too would want to minimize the settlement if a lawsuit is filed against you to keep their costs low.

Insurance companies generally prefer to settle than to go to court because of numerous incentives such as settling a claim with a claimant for a reasonable amount to reduce the risk of paying substantially more if there is a larger verdict at trial.

 

Do you sue the insurance company or the driver at fault?

If you’re injured in an accident and make an accident claim, you will claim with the at-fault driver’s insurance company to settle it. When the claim remains unsettled and a lawsuit is filed, it will be filed against the driver and not the insurance company. Your fight in a lawsuit is against the negligent driver and not the insurance company liable to pay for the insurance coverage. It is the insurance company that will pay you if you win the case by proving the fault of the driver in court. This is known as legal fiction which means that you’re dealing with the insurance company but on paper, it will be against the driver.

 

Time limit to file a lawsuit

After an accident, the statute of limitations of your state shall decide how long you can file a lawsuit for a personal injury claim. A statute of limitations defines how long you have to sue someone for a personal injury case.

In California, the statute of limitations for a personal injury case is 2 years from the date of the accident. But it’s shortened to only 6 months if the claim is against a county, city, or state government agency.

In Florida, the statute of limitations is 4 years from the date of the accident before you’re to file a claim in Florida court.

But if your case involves parties from different states, then it could be moved to federal court where the statute of limitations is only two years.

You should be quick enough to take action because if the statute of limitations stretches too long, or doesn’t follow procedures correctly, your claim could expire, losing your ability to get compensation.

 

Cases where the insurance company couldn’t be of help

Most, if not all, automobile insurance will contain exceptions to the ‘duty to defend‘ clause spelling out the legal void of the insurer’s duty to defend the policyholder and providing a lawyer to defend the insured against the civil lawsuit filed by the other driver. Certain situations where the insurance company is not obliged to defend you in a car accident lawsuit are as follows:

  • If you didn’t notify the company about the accident within the specified time limits of the insurance policy. This especially applies to cases where the delay jeopardized the company’s ability to investigate the case and minimize the other driver’s claim.
  • If you’re accused of having acted intentionally to cause the accident. For example, some insurance companies consider DUI as an intentional conduct to cause an accident that would nullify its duty to defend the insured.
  • If the other driver’s car accident exceeds policy limits. If your policy coverage has a limit of $100,000 and the property damage caused to the other party is more than this, the insurer has no responsibility to pay more than $100,000. The insurer will try to negotiate the same but if no settlement arrives, the insurance company pays its amount and you can be sued for the leftover money.

If in any case, you fail to get help from your insurance company, it’s always considered a smart move to get your own lawyer to file a lawsuit or defend you against a lawsuit filed by the other party. Attorneys would spot an issue you could have overlooked and accordingly devise an appropriate strategy. Even if you have a valid legal claim against your insurance company, a car accident lawyer is the right one to advocate your rights in court.

Why driving in Long Beach unsafe?

Why driving in Long Beach unsafe?

by | Nov 20, 2022 | FAQ

Take a look at the following statements:

  • A crash sparked by an apparent road rage incident claimed the lives of a pregnant woman and her unborn child at the intersection of Boulevard and 52nd Street, Long Beach, this weekend. (Source: LA Times)
  • A car-to-car shootout prompted by road rage left one person wounded and led to a violent crash near East Seventh Street and Park Avenue, Long Beach. (Source: Press Telegram)
  • A 68-year-old Los Angeles man was killed in Long Beach at midnight when his vehicle sped into the back of a sedan, veered onto a center median and crashed into a support pillar of the San Diego (405) Freeway. (Source: CBS News)

These are a few of the many incidents that made it to the headlines this year. Every year, about 43,000 people are killed in the U.S. from car accidents, while 3 million sustain injuries. There are several reasons responsible for car accidents. Depending on the factor responsible, they can be divided into three categories:

  • Human factors
  • Technical factors
  • Environmental factors
long beach unsafe street

Learn more by reading the full article

Each of them has subcategories listing various reasons which contribute to the rising cases of car collisions in Long Beach.

A) Human factors

Many drivers are way too confident with their driving that they tend to ignore the precautions one should take while on the road. Human factors imply that if the drivers were careful enough, an accident could have been avoided. Reasons falling under this category include:

      Speeding – Speeding is the most common reason for accidents in Long Beach. The long wide streets and freeways of Long Beach cater to this factor. According to the Safe Streets Long Beach Action Plan, only 8% of our streets have posted speed limits of 40 mph or greater, although these are the places where the number of fatal and serious injury car accidents is the highest. The faster one drives, the harder it becomes to react to uncertainties. As per estimates, around 40% of car accidents in Long Beach involve speeding, which is above the national average of 27.7%.

    Drunk driving – Another important cause, it is more responsible for car accidents during late-night hours. Alcohol affects whole-body functioning, causes changes in the part controlling motor skills, and slows down reflexes that affect the ability to steer or brake. It also relaxes muscles and causes fatigue and blurred vision, slowing down the visual reaction time. DUI, or driving under the influence, also includes driving after consuming drugs that can have similar, if not more serious, effects.

      Tailgating – Driving is an activity requiring a level of patience that many people do not give to it. Angry or impatient drivers tend to drive too close to another car for no good reason. The driver may not get enough time to react, which at times results in serious collisions. The opposite factor is lane changing, in which the driver is too impatient and changes lanes frequently. This can result in a crash.

     Distracted driving – This type of driving is exclusive to none, as almost all of us at some point have done this. Unfocused forms of driving include using cell phones, eating, texting, or talking to passengers while driving. Notably, texting is one of the most dangerous and claims many lives every year.

   Drowsy drivers – The busy schedule of the modern lifestyle has disrupted our sleep patterns. Unfortunately, many people try to complete their sleep cycle on the road while their car is moving! In such cases, it’s advisable to pull over in a safe location and take a short nap instead of driving half awake.

     Ignoring traffic signs – Traffic signs are instructions for the drivers and pedestrians and not mere roadside decor. But many people ignore them, which ultimately leads to accidents. In fact, most of the human factors are forms of disobedience of traffic laws. For example, reversing inappropriately, driving on the wrong side, disregarding turn marks at intersections, fleeing or evading police, failing to yield while turning left, etc., are all forms of traffic violations. Following traffic instructions can definitely reduce the probability of an accident, if not completely eliminate it.

B) Technical factors

These factors pertain to the functioning of vehicles on the road. These include:

  •     Defective headlights, brake lights, tail lights or signals,
  •     Driving without headlights and/or blinkers,
  •     Vehicle fire.

While some of these factors cannot be in our direct control, we must try our best to reduce the risks by regular maintenance and repair of our motor vehicles. Local authorities must also make sure that traffic signals are working appropriately

C) Environmental factors

Environmental factors are conditions related to climate and weather. Long Beach roads and highways can be more dangerous during torrential rains, fog, sleet, mudslides, snowstorms and high winds. Wet pavement affects friction that restricts smooth driving, and drivers can be much more prone to committing roadway errors that lead to car accidents.

While environmental and technical factors cannot be under our complete control, we can deter most accidents by being cautious of human factors. If, due to unfortunate circumstances, you’re affected by a car accident, immediately contact your attorney to avoid risks in the future.

Remember, safe driving saves lives!

California Car Accident Law– All You Need To Know

California Car Accident Law– All You Need To Know

by | Nov 20, 2022 | State Law

According to a study by insurance agencies, most people are involved in 3 to 4 collisions in their lifetime. While some involve economic losses, others can be life-threatening.

Being a citizen of California, you need to be well-versed with state laws and regulations about car accidents. Because whether or not you’re involved in such collisions, the law governs your actions.

What If You’re Involved In A Car Accident?

California law requires all drivers (or their representatives) involved in a car accident to report the collision in writing to the local police department or the California Highway Patrol within 24 hours of the crash in case of an injury or fatality. You could also call the police on the spot by calling 911 for the investigation process.

California car accident laws

Stay informed – keep reading

It is essential to stop at the location of a collision and call the police to report the incident because if you don’t stop, you may be charged with a hit-and-run felony or misdemeanor. You could end up facing harsh consequences.

Even after a police report has been filed, it’s up to you if you want to file the same in the California DMV (Department of Motor Vehicles). However, accidents with the following criteria must be filed in DMV within 10 days of the accident:

  •     If there were any (major or minor) injuries or fatalities.
  •     If there was property damage worth more than $1,000.

Your driver’s license will be suspended if you don’t fill in an SR1 form (Report of Traffic Accident Occurring) or did not have proper insurance coverage at the time of the vehicle collision.

Even if you’re not directly involved in a collision, it’s a moral responsibility to report the incident to the police, search for victims inside/outside the vehicle, and call for medical help.

What Are The Insurance Requirements For My Vehicle In California?

Law governing California requires car owners to prove that they can be financially responsible for their actions when they drive. You can attain this by securing automotive liability insurance that pays compensation if the policyholder is legally liable for an accident.

The minimum requirements that liability insurance covers are:

  •     $15,000 for a single death or injury
  •     $30,000 for the death or injury of more than one person
  •     $5,000 for property damage caused by the accident

Do I Need To Pay If I’m Not At Fault?

In California, decisions are not one-sided. Under the ‘Pure Comparative Negligence’ system, either party may recover damages, regardless of their degree of fault. Each driver may have to share a portion of the blame for an accident.

For example, a driver may run a red light and hit you (clear negligence). But if it’s found that you were also speeding, you were negligent too. So, the driver may be found to be 80% at fault, and you might be found 20% at fault. Therefore, if you lost $10,000 from the accident, the at-fault party shall provide you with compensation of only $8,000 since you were also negligent. Further, your insurance would be liable for the other driver’s damages, i.e., 20%.

However, most comparative negligence systems bar recovery of damages if you are responsible for an accident by 51% or more.

Do All Car Accident Cases Go To The Court?

Well, the answer is no.

Usually, after the investigation process, documents related to medical and financial claims are presented to the insurance company, and negotiations for settlements take place. If the process fails, a lawsuit is filed, and a formal investigation involving lawyers, sworn statements, and all evidence on both parties are presented in the court.

If all informal attempts prove futile, the jury or the judge decides who is at fault and to what extent. Accordingly, you shall be required to pay for the claim.

Statutes Of Limitations In California

A statute of limitations puts a deadline on legal action to address the harm done in an accident. In case of a car accident, this is the deadline for filing a lawsuit in a personal injury case. Barring a few exceptions, the statute of limitations for such a case in California is 2 years. However, if the injury wasn’t discovered right away, it is 1 year from the date it was discovered.

Accidents happen every day, but they don’t happen every day to you. Therefore, act wisely if you encounter the same by seeking help from an attorney who can take the burden of these lengthy legal procedures from your shoulders.