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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.

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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.

Speeding Laws In California

Speeding Laws In California

by | Nov 20, 2022 | State Law

Benjamin Franklin correctly stated, “Haste makes waste.” 

In this fast-paced world, people are always running behind on things. Many people involved in car accidents are unaware of speeding laws and their penalties. Residents in California are costed heavily due to their impatience of getting to places. 

If you’re a driver on the roads of California, you should know these facts and information.

A Leading Cause Of Accidents

The incidence of severe and fatal car accidents in California is rising despite the city’s considerable efforts to reduce the deadly accidents on its roads. 

Speeding is the second leading cause of car accidents, followed by drunk driving. According to the National Highway Traffic Safety Administration (NHTSA), speeding accounts for 31% of all car accident fatalities in the United States annually. Going at excessive speeds frequently results in high-impact incidents, resulting in severe injuries and deaths.

The severity of injuries in car accidents is connected to the vehicle’s speed. Being in a rush, not paying attention to the vehicle’s speed, and neglecting or disobeying traffic laws are prevalent causes of speeding.

Speed Limit Laws

The four major speed limit laws include:

A) Basic speed law

According to California’s Basic Speed Law, vehicles must not exceed a safe speed based on road and weather circumstances. Exceeding the speed limit may be regarded as excessive concerning your surroundings.

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Significant variables to consider while driving include: 

Traffic Flow in General: Is everyone driving at the speed limit, or are other drivers slowing down due to rush hour or a nearby accident? 

Weather: Is it raining or snowing outside, and do you need to slow down for your safety? Is it sunny with perfect visibility? 

Number of vehicles on the road: Is there a lot of traffic around you? Is the 65-mph speed limit excessive in comparison to traffic? 

Pedestrians: Are there any pedestrians or bicyclists in the area of your lane? Can you change lanes to offer them more space while prioritizing safety? 

Road’s surface: Are you driving on flat or sloping hills and mountains? Are there any speed bumps in the area? 

Animal Symbolism: Are there any animal warning signs in the area? Should you exercise extra caution? 

Accidents or cars pulled over in the area: Are you driving on a two-lane road? Is it possible for you to merge into the opposite lane?

Local governments set speed restrictions based on engineering and traffic surveys. Such surveys must involve an examination of road conditions, collision reports, and a sampling of traffic speeds.

B) Prima facie speed law 

The Prima facie speed law establishes maximum speed restrictions in regions where speed limit signs are not present but should be known and followed. 

If you violate this speed limit, you may face a citation. For example, if you are driving 30 mph on a roadway in a neighborhood with no written speed limits, you are violating Prima Facie. 

The Prima facie pace law intends to ensure that everyone drives at a safe speed based on their surroundings, even if there are no posted signs. The Prima facie speed limit in school zones, residential neighborhoods, and business districts is 25 mph. If there are marked signs indicating otherwise, heed them. Some school zones, for example, may limit the speed to 15 mph. 

For alleys and railroad crossings, the prima facie speed is 15 mph. This is critical if you cannot observe incoming traffic or trains in both directions for 400 feet on each side to avoid harm and keep you safe.

C) Maximum speed law 

The Maximum speed law is possibly California’s most well-known speed law. 

This legislation states that you may not exceed the posted speed limit when attempting to pass slow drivers. You may not exceed the speed limit or go with the flow because doing so puts others in danger. 

A prevalent misconception about this rule is that authorities utilize speed traps to monitor drivers’ speeds. A speed trap is a practice in which the duration between each checkpoint is calculated, and the driver’s speed is determined. If you were to speed in between the two, you would receive a ticket. However, California prohibits the use of speed traps.

D) Minimum speed law

Contrary to popular belief, receiving a ticket for driving too slowly is possible. 

California’s minimum speed law forbids vehicles from driving too slowly, disrupting traffic flow, and endangering other cars. Though it is uncommon, some minimum speed limits are posted around the state. 

Regarding the basic speed law, reducing your speed when driving is permissible. It is only considerable reductions that pose a risk.

Will Lower Speed Limits Help In Reducing Speeding?

Although many people feel that merely decreasing the speed limit is a simple solution to reduce speeding, this is not always the case. 

Even with fewer speed restrictions, people continue to drive at speeds they believe are fair and safe. When this occurs, the road may become risky because some people adhere to the legal speed limit while others drive at whatever pace they believe is best.

Consequences Of Violating Speed Limit Laws

If you violate one of California’s four major speed restrictions, you could face a few hundred dollars in penalties. Furthermore, if you were driving at a criminal speed (20 or more miles per hour over the speed limit), you could lose your license or face jail time if this happens again.

Ensure you adhere to these speed limit laws and do your part as a responsible driver!

Long Beach Streets With The Most Car Accidents

Long Beach Streets With The Most Car Accidents

by | Nov 20, 2022 | State Law

Long Beach is undoubtedly one of the most beautiful cities in California.

With a population of 460,000, Long Beach is the 7th most heavily populated city in California. A large population directly implies more traffic on the road, therefore increasing the probability of accidents in the area.

The streets of Long Beach can be potentially deadly for a distracted person. The wider roads and highways are equally, if not more, unsafe for motorists. In 2019, the California Office of Traffic Safety ranked Long Beach fifth in the number of fatalities and injuries caused by traffic accidents compared to other California cities with similar populations.

If you are a citizen of Long Beach, be aware of your area’s worst freeways, highways, intersections, and traffic circles. Of course, you cannot choose not to drive on these roads, but the least you can do is be extra cautious while going in high-risk areas.

Where Are Collisions Happening?

Collisions occur on all our streets, but certain streets have had a higher number of crashes and more severe cases than others. The high-injury corridors and interconnections concentration remain in Downtown and Central Long Beach. Additionally, North and West Long Beach have more high-injury intersections and corridors than East Long Beach.

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It is worth noting that many streets with a higher driving risk pose an even greater threat to people riding a motorcycle, cycling, or walking. The following section lists Long Beach, California’s most dangerous corridors, intersections, traffic circles, and freeways.

Top 10 high-injury motor vehicle intersections of Long Beach:

  1. Pacific Coast Highway and 2nd Street
  2. Anaheim Street and Atlantic Avenue
  3. Long Beach Boulevard and Anaheim Street
  4. Willow Street and Pacific Avenue
  5. Artesia Boulevard and Long Beach Boulevard
  6. Ximeno Avenue and 7th Street
  7. South Street and Downey Avenue
  8. Carson Street and Clark Avenue
  9. Ocean Boulevard and Pine Avenue
  10. Pacific Coast Highway and Pine Avenue

Top 10 high-injury motor vehicle corridors in Long Beach:

  1. Pacific Coast Highway from Terminal Island Freeway ramps to Molino Avenue
  2. Anaheim Street from Oregon Avenue to Ximeno Avenue
  3. 7th Street from Orange Avenue to Federation Drive
  4. Pacific Coast Highway from Studebaker Road to 8th Street
  5. Redondo Avenue from 3rd Street to Anaheim Street
  6. Willow Street from Oregon Avenue to Pine Avenue
  7. Long Beach Boulevard from Spring Street to Wardlow Road
  8. Bellflower Boulevard from Stearns Street to 27th Street
  9. Los Coyotes Diagonal from Stearnlee Avenue to Deborah Avenue
  10. Cherry Avenue from 37th Street to Tehachapi Drive

The lists are based on the severity and deaths caused by accidents in a particular area. However, this is not a static list, and the level of risks on these roads may vary with respect to the actions taken by the local authorities.

The Long Beach Traffic Circle

Ranked as the #1 intersection for accidents in Long Beach, the Long Beach Traffic Circle (LBTC) connects the Pacific Coast Highway, Lakewood Boulevard, and Los Coyotes Diagonal. A 1932 construction, the LBTC can accommodate 6,000 vehicles per hour and is ranked as the highest capacity traffic circle in California, perhaps even the nation. The Long Beach Traffic Circle is also known as the Los Alamitos Traffic Circle.

Although some find that more traffic can get through a signaled intersection and accidents tend to be less catastrophic, opponents of traffic circles denounce them as dangerous, confusing, and pedestrian unfriendly. According to one of the city’s head traffic engineers, this traffic circle is too large because people drive way faster inside the circle than otherwise. Therefore, the roundabout merging of vehicles and vehicle control becomes tricky.

Another significant issue is that there is no lane stripping inside the circle. Therefore, drivers are left to waltz in and out of traffic lines to guide them.

There has been a series of severe car accidents in this area. Some of them are listed below:

  1. A 25-year-old woman was killed in a car collision when her vehicle collided with a van that went out of the driver’s control as he traveled West on Katella Avenue near Reagan Street. (Source: Patch.com/California)
  2. An eight-car crash in Los Alamitos left one person and his dog dead and three others injured at Katella Avenue and Los Angeles Boulevard during the early morning hours. (Source: Los Angeles Times)
  3.  One man was killed on the spot, and two others were hospitalized as a result of a crash on North Cypress Way involving an Amazon delivery truck and a Camaro. (Source: Patch.com/California)

Long Beach 710 Freeway

The 710 Freeway, also known as the Long Beach Freeway, experiences heavy big rig traffic. The highway, running 23 miles from Long Beach Alhambra, connects the port of Long Beach to the port of Los Angeles and the railyards in East LA and Vernon. Nearly 16% of the vehicles on the 710 Freeway are 18-wheelers hauling cargo from the ports of Los Angeles and Long Beach. Tractor trailers carrying cargo loads are the most prominent cause of accidents on the Long Beach Freeway.

The initial purpose of constructing the 710 Freeway was not to cater to the heavy volume of cargo trucks it currently experiences. The result is a seriously damaged freeway. Furthermore, the state of disrepair of the Long Beach Freeway makes it much more dangerous for drivers. A few of the car crashes on the Long Beach Freeway are listed below:

  1. A two-car collision took the life of a 40-year-old man on the northbound lanes of the 710 Freeway near Willow Street at around 6:30 am. (Source: CBS Los Angeles)
  2.  A fiery multi-vehicle crash in the middle lanes of the southbound Long Beach Freeway took the life of one person at approximately 3:02 am. (Source: FOX 11 Los Angeles)

Thousands of car accidents occur daily in the US, and Long Beach, California, is no exception. Car accidents can cause serious injuries to drivers, bystanders, and pedestrians. These physical injuries and financial losses can be life-altering for many people.

Therefore, before going on the road, be cautious of the routes you take because staying safe is always better than being sorry.

Statistics On Road Accidents In Long Beach 

Statistics On Road Accidents In Long Beach 

by | Nov 20, 2022 | State Law

Driving a car, riding a motorcycle, or even crossing the street on foot is dangerous. Accidents can range from minor bike accidents to fatalities involving one or more road users. 

Statistics provide insight into the recurring difficulties and challenges associated with car accidents throughout the country, state, and even the city of Los Angeles. 

Sadly, about 25 miles north of LA, in beautiful Long Beach, the city has become rampant with such accidents.

According to the National Highway Traffic Safety Administration, Long Beach was ranked 17 on a list of cities for speeding drivers. 39.9% of traffic deaths in Long Beach were caused by speeding, which is higher than the national average of 27.7%. 

 

Who Are The Most Vulnerable?

Pedestrians, bicyclists, and motorcyclists are especially vulnerable to collisions because they are less protected. These three means of transportation account for only 14 per cent of all crashes but 65 per cent of all traffic deaths and severe injuries in Long Beach.

Which Intersections Are Prone To Accidents?

Santa Clara Avenue and Tustin Avenue intersection witnessed the most car accidents between 2019 and 2021. Furthermore, the roads where the most collisions happened in 2021 are on the list for 2019-2021. While the Standard Avenue and Warner Avenue intersection was at the bottom of the list, accidents happened regularly.

Listed below are some of the most hazardous accident-prone areas:

  1. 8th Street and Termino Avenue
  2. East 7th Street and Redondo Avenue
  3. East Stearns Street and Palo Verde Avenue
  4. Bay Shore Ave & East 2nd Street
  5. 54th Place and East Ocean Boulevard
  6. West 27th Street and Daisy Avenue
  7. East 4th Street and Redondo Avenue
  8. Pacific Coast Highway (PCH) just past 7th Street
  9. East Los Coyotes Diagonal and East Stearns Street
statistics-of-car-accident-in-long-beach

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How Does Speed Kill?

According to Long Beach collision data, the most frequent motorist and motorcyclist behaviour that leads to a collision is driving “too fast for conditions.” It is critical to reduce the speed at which motorists travel. 

Higher speeds increase the likelihood of an accident as well as significant injury or death. The dangers of high speeds are self-evident for pedestrians, whose chances of dying from car impact grow dramatically as vehicle speed increases.  If a pedestrian is hit by a car going at 40 mph, they have a 73% probability of dying or suffering a life-changing injury.

Other common violations that contribute to collisions include failing to obey traffic signals, failing to yield while turning, and making improper turns.

Which Area Is More Prone To Accidents?

Data suggest that fatalities and significant injuries are more likely to occur in the middle of a block (i.e., away from intersections). Collisions resulting in a fatality or severe injury are twice as common along sections of roads as at crossings for motorcyclists and pedestrians. This is most likely because motorists and motorcyclists anticipate fewer problems along mid-block stretches, which may encourage them to move faster and pay less attention between intersections.

Why Do Accidents Happen?

a) According to a 2021 study, traffic is one of the leading causes of car accidents in Long Beach. Most accidents occur around rush hour, when people are on their way to work, school, or returning home. This observation is supported by the Trends in International Mathematics and Science Study (TIMSS) 2021 data. 

b) According to the US Department of Transportation, inclement weather can impair sight, vehicle traction, manoeuvrability , and pavement friction. TIMS (Transportation Injury Mapping System) statistics show the opposite tendency. In Long Beach, the majority of collisions occurred during clear weather in 2021.

The TIMSS results reveal an interesting discovery. The majority of accidents (51.88%) occurred during the day in Long Beach. Furthermore, 39.48% occurred at night under streetlights. Only 3.07% of incidents were reported to have occurred in roadways with no lights. This could be because drivers are more cautious at night.

What Can Be Done?

Car accidents can happen anywhere and at any moment for a variety of reasons. Whatever the case, it is critical that drivers and pedestrians remain aware of their surroundings when on the road. Ignoring traffic rules is a direct way to cause an accident, but observing them can help prevent — or at least lessen the likelihood of — a car collision.

Distracted driving, biking, and walking must stop. Other unsafe behaviours, such as speeding and a general lack of education about safe behaviour, should also stop.