Following a car accident, you may find yourself in a challenging position with many things on your mind, like getting your vehicle fixed, receiving medical treatment for your injuries, and protecting your right to compensation.

While there is nothing you can do to alter the outcome of the wreck, it helps to know what you can and should do after a car accident.

Hopefully, this car accident checklist will help you understand your rights and options if you have been injured in a car accident due to someone else’s negligence.

Car Accident Checklist

1. Contact the necessary authorities

Always call the police immediately after an accident. You should also remain at the scene until officers arrive to investigate the accident.

When the police arrive on the scene, they will take down as much information about what happened as possible before speaking with any witnesses who might be present. They may also ask for a copy of your driver’s license, insurance card, car registration papers, and proof of insurance if applicable.

If possible, keep track of items such as damaged parts and personal belongings left in the car after an accident.

2. Gather evidence and document the damage

You should collect your own accident evidence and document the damage sustained at the scene of a car accident. Your firsthand knowledge can help you later in your case if you need to file a police report or if you’re involved in a lawsuit.

Gather the names and contact information of the involved drivers and witnesses who may have seen the accident. If possible, take photos of the scene and any associated injuries.

Also, take pictures of the damage to your vehicle if it is still in working condition.

3. Seek medical treatment

Your injuries need to be treated and prevent their complications from getting worse. You may have a broken bone, or you may have suffered internal injuries.

The longer you delay seeking treatment, the worse your injuries may become.

4. Contact a car accident attorney

Make sure you contact an accident attorney as soon as it’s safe. If you are uncertain whether or not you need legal representation, it is always best to err on the side of caution and contact an attorney when you are able to.

Early consultation with a personal injury attorney can help you get the compensation you need and make sure you can pursue your claim. Early consultation also creates more time for your attorneys to prepare for your case, so they can protect your rights before any insurance company tries to settle the matter out of court.

5. Contact your insurance provider

Following a car crash, ensure your insurance provider is aware of the accident. Your insurance provider will want to know about any injuries sustained in the crash and details about any property damage that may have occurred — but say as little as possible and don’t make any recorded statements without your attorney’s guidance.

If you have collision coverage, it will likely be covered under your auto insurance policy. If you are unsure whether you have collision coverage, ask your agent for details about the types of claims the insurer covers.

You’ll also most likely be asked for basic information about who was at fault for causing the accident and what happened. This will help the insurer determine whether or not they will cover any of your medical expenses (if you are injured) or damage to your vehicle.

6. Keep track of all medical details

While at home and proceeding with all medical procedures, ensure you keep track of all medical details associated with the accident. Keep a record of all medications taken and doctor’s visits. Be sure to document lifestyle and health changes resulting from the accident.

The more you know, the more likely you’ll be able to get compensation for your injuries. It may seem like a lot of paperwork, but it could help you prove yourself and collect financial compensation for damages caused by another driver’s negligence or recklessness.

After a Car Accident, Contact an Attorney at LA Century Law

After every car accident, it’s essential to understand and document what happened so that you can later seek liability compensation when needed. That’s where our checklist comes in handy.

If you have questions or concerns regarding personal injury or car accident claims, don’t hesitate to contact us for help. Our lawyers at LA Century Law have gained vast experience in car accident cases with a proven track record of success.

FAQs About Car Accident Cases

What compensation can I get after a car accident?

Every accident is unique. The compensation you can get depends on the situation of the accident. Some factors include the severity of injuries sustained and who was at fault.

Can my insurance provider pay my accident attorney?

This may depend on the policies provided by your insurance provider, but in many cases, your insurer won’t pay your accident attorney’s fees.

California is a great place to be for cycling enthusiasts. But, unfortunately, many car accidents with bicycles still take place.

If you or a loved one has been in a car vs. bicycle accident in California, you could be entitled to receive monetary compensation for your injuries or losses. You must consider several factors to determine who is responsible and to what degree. An attorney at LA Century Law can help with fault determination in a vehicle and bicycle crash.

This article discusses all you need to know to determine responsibility in car and bike accidents.

California Bicycle Laws

According to Vehicle Code, Article 4, cyclists in California must adhere to the following bicycle laws.

• They have as much right of the road as a motor vehicle has.
• They must follow all laws and responsibilities required of all drivers, such as stopping at red lights and stop signs.
• They must ride in the same direction as traffic.
• If moving at the same speed as vehicles, they can ride in the middle of the traffic lane. If moving slower, they must ride as close to the right edge or curb as possible or on the bike lane if there is one, but if it is a one-way street, they may ride to the far left instead.
• They may leave the bike lane or side of the road if it is too narrow to share safely with passing cars, to make a left turn, and to avoid road hazards such as debris.
• They must yield to pedestrians and allow them to use crosswalks.
• If under 18, they must wear a helmet.
• They must uncover one ear if using earbuds or headphones.
• When riding at night, the bike or clothes need to have a white light visible from at least 300 feet, a red reflector visible from 500 feet, and a white or yellow reflector on each pedal, shoe, or ankle visible from 200 feet away.
• Cyclists cannot cycle while intoxicated.

Unfortunately, even abiding by these laws does not completely protect riders from hitting or being hit by a car.

Examples of car and bicycle accidents include hitting an opening door of a vehicle, being sideswiped by a moving car, and being struck by a vehicle turning right.

Duty of Care

Who may be the negligent party in a car vs. bicycle accident? Individuals are considered negligent when they have a duty of care and they breach it by action or inaction leading up to the accident.

Duty of care for California drivers

California drivers have a legal duty to drive and operate their cars reasonably safely to avoid harming other road users or damaging their property. They must stay aware of their surroundings and be on the lookout for cyclists, pedestrians, and other vehicles.

Examples of the breach of drivers’ duty of care include:

• Distracted driving
• Driving while intoxicated
• Failing to obey traffic laws
• Not looking before turning right or opening their doors while parked
• Falling asleep while driving

If they do not act reasonably safely, leading to a car accident with a bicycle, it can be considered negligent on their part.

Duty of care for California bicyclists

Bicyclists must observe reasonable care and skill towards other road users that their actions or inaction could affect. They must follow all the California bicycle laws, as we discussed.

Examples of the breach of cyclists’ duty of care include:

• Not signaling on turns
• Not using designated bike lanes or not staying on the far right of a two-way road when they are not moving at the same speed as traffic
• Cycling while intoxicated
• Not following general traffic laws
• Overtaking improperly

Even if a cyclist may contribute to an accident, they still have the right to pursue compensation, according to California’s doctrine of comparative negligence.

California’s Pure Comparative Negligence Law

Depending on how much they contributed to the accident, more than one party can be considered at-fault. Each party is assigned a percentage of fault, and their compensation is reduced by the percentage.

If a cyclist was partially at-fault, they can still receive part of the financial compensation. For example, suppose the cyclist is awarded $100,000 in damages. If the driver is 100% at fault, the cyclist receives the $100,000. But if the cyclist is found to be 25% to blame, they receive 75% of the award, resulting in a $75,000 settlement.

Request a Free Consultation for Your Car vs. Bicycle Accident Case in California

You must consider several factors and conduct a thorough investigation to know who is responsible for a car accident with a bicycle. Seeking legal representation can help you determine liability before pursuing damages.

LA Century Law’s accident attorneys can help you determine responsibility after a car vs. bicycle accident. We have represented injured people in all types of road accidents and have a proven track record of success. We serve residents of Los Angeles and southern California.

Contact us today to schedule a free consultation if you or a loved one has been involved in a bike accident with a car.

FAQs About Car vs. Bicycle Accidents

1. How much space should passing cars give cyclists?

The driver must maintain at least three feet while passing a cyclist.

2. Should I keep an injury journal after a bicycle accident?

Some cyclists are fortunate enough after a collision with a vehicle to get up and walk away. But they shouldn’t say they are OK — injuries can materialize with time. Keep an updated diary of any symptoms you’re feeling after a bike crash with a vehicle.

California Vehicle Code Section 20008 requires individuals involved in an accident causing injuries or loss of life to report the incident within 24 hours.

So if you or your loved one are involved in a California car crash, it is in your best interests to obtain a written report to the Department of the California Highway Patrol or the police department of the city where the accident occurred. You can call 911, and the officer that responds to your emergency call will be able to file a report of the accident.

But it is important to receive an accident report from law enforcement and know how to interpret it or how it may impact your case. Many people do not even know they have the right to request a copy of their accident report.

If you are injured in a California car accident, you should ask for a copy of the report immediately after receiving it. This way, you will know what information has been included in the report and whether any red flags indicate that the other driver’s insurance company might obscure evidence of negligence.

Contact LA Century to review your car accident case and preserve its integrity.

What is a California Accident Report?

A California car accident report (known as the CHP 555) is a document prepared by law enforcement officers following an investigation into an automobile collision. It includes basic information about the accident, such as the time, date, location, weather conditions, traffic flow, speed limits, and road conditions. It also contains details about the vehicles involved, including make, model, year, color, license plate number, and registration number.

Other critical data captured in the California accident report may include the following:

• Witness details and testimonies
• Approximate damage from the crash
• Details of the collision, i.e., was it a vehicle rollover, rear-end collision, etc.?
• Any other info collected by the officer at the scene

The importance of this report to your personal injury claim can be considerable. Though not admissible most of the time as proof of liability in court, the CHP 555 is usually a reliable source of evidence that may be used against the other party’s insurance carrier.

For example, if the other driver fails to provide their insurance card when asked, the CHP 555 will contain the insurance provider’s name. If the other driver refuses to answer questions during the investigation, the CHP 555 may reveal the identity of witnesses and other parties at the scene.

Who Can Request a Copy of a California Car Accident Report?

If you are involved in a California auto accident, you have the legal right to obtain a copy of your accident report. But first, you must submit a written request (CHP 190 form) to the police or the DMV to release the information. In addition, any other party involved in the crash or interested in the details of the accident may also request a copy of the CHP 550.

You should note, however, that requesting the CHP traffic collision report costs money. For instance, you will pay $10 for 25 pages of reports and $40 for 75–100 pages.

A typical report from the CHP is four pages long.

The Basics of Reading a California Collision Report

We’ll now focus on how to read a California police accident report. Use these tips to verify the circumstances of your accident are correct.

Ensure the date is accurate

First things first, make sure that the date on the report matches the date of the accident. This comes in handy when determining essential deadlines like the statute of limitations. You’ll want to confirm that the police made no mistake in their recording, considering that even a slight error in the day, month, or year of the accident may impact the case.

Confirm that the location is correct

Next, check whether the location indicated on the report is correct. If you notice any mismatch, you’ll want to address the matter with your lawyer or the police department that made the report for immediate action.

Did the police department take any photos?

There is a section in the report form designated for the names of the officer(s) that took any photographs. So if the officer responding to your emergency call took pictures, you want to check that the section is filled out. You may also request copies of the photos taken. If the section is blank or marked none, you still want to confirm with the police department if any pictures were taken.

Party identifications – P1

The first page of the report also has a section identifying the names, addresses, and other vital information of those involved in the accident. Keeping track of these people is essential because they may become relevant later in the process. Some courts even require that you identify each person before trial so that the opposing side can subpoena them.

Vehicle information and owner’s information

Here you get to learn about the vehicle involved in the accident. Make sure that this information is accurate. For example, did the police write down the license plate number correctly? Also, you want to ensure that the vehicle’s owner was adequately identified.

If the vehicle’s owner differs from the driver who caused the accident, it should be well-documented in this section. In that case, your lawyer should investigate any additional insurance coverages that either party may have to avoid missing out on potential recovery sources.

Primary collision factor

This section of the crash report details which party was the primary collision factor and what vehicle code they likely violated. For example, if the officer filing the report finds another driver at-fault, they will indicate that they are the primary collision factor. They will then list the specific traffic violation committed.

Other associated factors

In this section, the police will detail any other factor believed to have contributed to the accident. These include weather conditions, road conditions, speed limits, etc. The more information you can gather here, the better off you’ll be. You and your lawyer should pay close attention to this section, as it may come in handy during the trial if the other party disputes liability.

Witness and passenger information

If anyone witnessed the accident, their name, contact info, and description of the incident should be included here. This includes witnesses who saw the crash happen and passengers in the car.

Contact LA Century Law Today

If you’ve been injured in an auto accident, you need experienced legal help. At LA Century Law, we understand how difficult it is to deal with personal injury claims alone. From making sense of the car accident report to finding the right medical treatment, our lawyers can help you navigate the process. Contact us today to schedule a free consultation with one of our attorneys.

California Accident Report FAQs

When does the California accident report become useful?

Although the report is usually inadmissible in a civil case, your attorney can use it to gather the names of witnesses and victims. Your attorney can also subpoena them for depositions or court appearances.

Why aren’t police reports admissible in a California car accident case?

Police reports aren’t usually admissible because the courts consider them hearsay. However, your attorney can still use the report to gather witness and victim information.

If you witness a car accident, you may not be sure about the next step, especially when the accident appears severe and traumatic. Your actions as a car accident witness can vary by the situation.

There are some steps you can take to prepare and know how to help the accident victims until the police and other emergency responders arrive at the accident scene.

At LA Century Law, we work with people who witnessed your car crash to protect the integrity of your case.

Things to Do After Witnessing a Car Accident

We’ve prepared some guidelines on what to do after witnessing a car accident.

Do you have to stop after seeing a car accident?

One of the primary questions many accident witnesses ask is, “do you have to stop if you witness a car accident”? In California, you are not legally required to stop. The decision is up to you. However, many witnesses stop to help. Here is what to do when you decide to stop.

Secure your safety

Your safety comes first. If you are driving and decide to stop for an accident, pull over your car and put on your hazard lights. If you are a pedestrian, stay on the sidewalks for a few minutes until the vehicles have room to navigate. Be sure the area is safe and visible to other drivers before you move closer and render your aid to the victims.

Check on the victims

Depending on the accident’s severity, you can decide to check on the victims and offer aid where you can. While the scene can be emotionally draining, you should be careful when offering help to avoid causing more injury to the victims. For instance, moving a victim could worsen the injury despite your good intentions to help.

Call 911 immediately

If you notice severe injuries or damage, it is important to call 911 as soon as possible. You could still contact the authorities even if you are not sure of the extent of the injuries or damage incurred. You can call or task someone who stopped to help you call. Give the authorities clear details about the location and nature of the accident.

Offer other forms of assistance

As you wait for the emergency responders to arrive, you can help the victim with certain things they may not be able to do alone due to the injuries incurred. Probably, the victim wants you to call their relatives to inform them about the accident. Offer the assistance you can.

Cooperate with the authorities

Once the police arrive at the scene, provide every detail about what you saw. The police will likely record a statement and release you. However, you may be contacted later by lawyers, insurance companies, or doctors as a witness.

What Not to Do After Witnessing a Car Accident

Knowing what you shouldn’t do can help you make informed decisions after witnessing a car accident. Remember, no law in California requires an accident witness to stop at the accident scene. If you decide to stop, it is because you want to help the victims. Being the first person to arrive at the scene can be very helpful to the victims.

Don’t rush to the accident area

While you may want to help the accident victims, avoid rushing to the scene because this might cause you injuries. There could be broken glass, sharp metal, and other debris, so you should examine the area before you move closer to help the victims.

Don’t be afraid to help

If you notice that the victim is in dire need, do not fear the liability. You shouldn’t be afraid of civil charges if you offer help in good faith. Your aid might be beneficial to the victim even as you wait for the emergency responders to arrive.

Don’t coerce people to accept fault

Don’t force anyone to accept the accident liability if you are unsure who is at fault. Focus on giving facts based on what you witnessed. Also, don’t feel pressured to provide information to every question. Avoid guessing answers if you are not sure.

Don’t offer medical help if you’re unqualified

If you notice the victim is severely injured, avoid moving them because you might cause more injuries. Wait for the emergency personnel to arrive and take charge of the medical aid. Most response teams arrive after a few minutes. In many cases, first aid can wait.

Car Accident Witness Depositions and Testimony

A deposition is the process where a witness can be interviewed by the defendant or the plaintiff’s lawyer following a car accident. If you are the witness, you might be “deposed” by either party.

This process occurs in a conference room, primarily in the lawyer’s office rather than the courtroom. The attorney will question you about what happened during the accident as the court reporter records the conversation.

Deposition happens under oath. For this reason, it is imperative to give truthful information and avoid giving details that can compromise the case. The information gathered will be used if the case goes to trial, and you might be called a trial witness.

LA Century Law Helps Car Accident Victims

Knowing what to do after witnessing a car accident can save a life. Witness statements can also help the accident victim when filing a claim. This can increase the chances of compensation for someone’s injuries and damages incurred. Attorneys on behalf of an injured car accident victim may also use witness testimony or information in cases.

If you or a loved one got involved in a car accident due to negligence from another driver, speak to an experienced car accident attorney to represent you. At LA Century Law, we have experienced car accident attorneys who can advise you, fight for you and protect your rights after a car accident. Contact us for a free case evaluation.

FAQs About Car Accident Witnesses

Can a passenger be a witness in a car accident?

A vehicle passenger can be a witness. They should give truthful information without sounding biased. The witness must have seen what happened before, during, and after the accident.

What kind of questions will the witness answer during the deposition?

As a witness, you will answer multiple questions based on the circumstances of the case. The questions revolve around what you saw before, during, and after the accident.

Who can qualify as a car accident witness?

Anyone who saw what happened during the accident can be a witness. The witness should be sure they saw what happened and be ready to give truthful information.

There are many ways to resolve a personal injury claim. You can do it through a lawsuit that goes to trial, an out-of-court settlement, or an alternative dispute resolution (ADR) process like mediation or arbitration. The California legal system allows for ADR.

Instead of going through traditional litigation, you and the other parties can agree to resolve the car accident claim through ADR, saving money and time. ADR also gives you control over the process itself and the final results.

LA Century Law is committed to pursuing a favorable result for your car accident case. Consult with our attorneys serving Century City and the surrounding areas to understand your legal options.

Understanding Arbitration for Car Accidents In California

Arbitration is an Alternative Dispute Resolution (ADR) process used to resolve disputes outside the court system. It is similar to mediation, but instead of a mediator, an arbitrator (an agreed-upon person) decides how the dispute will be resolved. Each party presents its case to the arbitrator, who then decides based on the evidence and arguments presented.

There are two types of arbitration available in California: binding and non-binding.

• Binding arbitration means both parties agree to be bound by the arbitrator’s decision. This is the most common type of arbitration used in car accident cases.
• Non-binding arbitration means that either party can choose to reject the arbitrator’s decision and go to court instead.

Arbitration differs from mediation because a mediator does not decide how the case will be resolved. Instead, the mediator helps the two sides communicate and come to their own agreement. But they have no power to rule for either side. On the other hand, an arbitrator hears both sides of the story and makes a binding or non-binding decision about how the case will be resolved.

While arbitration can be a faster and cheaper way to resolve a dispute, it is important to remember that you might be giving up your right to have your case decided by a judge or jury. As such, you should always consult with an attorney before agreeing to arbitrate your car accident case.

When Car Accident Arbitration is Appropriate

One of the main reasons a claim goes to arbitration is when the insurer provides a lowball offer and refuses to negotiate. Some insurance firms include clauses in their policy contract that require arbitration when a dispute can’t be resolved. In this case, the arbitrator can resolve the dispute without the formality, expense, and time of a trial.

Arbitration is also suitable for complex cases where both parties want a decision-maker with experience or training in car accident cases. The arbitration may be mandated in cases where the amount in question will be, at most, $50,000 per plaintiff. But this requirement can be waived if both parties provide valid reasons why they believe a jury should try the case.

Arbitration, especially binding arbitration, may not be appropriate if parties want to maintain control over resolving their dispute. In binding arbitration, neither you nor the other party can appeal the arbitrator’s decision, even if the law or evidence does not support it.

How the Arbitration Process Works for Car Accidents

Arbitration is a dispute resolution process that takes place outside the court system. In arbitration, both parties to the dispute either agree or are mandated to have their case heard by an impartial third party, known as an arbitrator. An arbitration hearing for a car accident notice is then issued within 120 days of the arbitrator being appointed.

Like court proceedings, the parties present their case to the arbitrator as they would in court. They will make an opening statement, call witnesses, present evidence, analyze the other side’s witnesses, and make closing remarks.

The entire car accident arbitration process takes a few hours to complete. The arbitrator will consider evidence from both sides and then make a decision. In California, this decision can be binding or non-binding, depending on what both parties agree.

In most cases, an arbitrator’s award is final and entered as the judgment unless one party files a Request for Trial (trial de novo) within 60 days after the car accident arbitration award is filed with the court. But if the party filing a request for trial doesn’t get a ruling more favorable than the arbitrator’s award, they may be charged the extra fees and costs associated with the trial.

Arbitration Tips

While arbitration can be a helpful way to resolve disputes, there are a few things you can do to improve your chances of a successful outcome.

• First, it’s important to prepare in advance. Gather any evidence that will support your case, such as witness statements or photographs.
• You should also make sure you understand how to fight with insurance companies, as they may try to argue that you are at fault. California law follows pure comparative negligence, which the defense may use to reduce the amount they have to pay.
• If you’re considering arbitration, it’s a good idea to consult with an experienced car accident lawyer. A lawyer will be familiar with the process and can help you understand your rights and options. They can also help you negotiate with the other side and prepare your case.

Request a Consultation for Your Car Accident Claim

If you’ve been in a car accident, the arbitration process may be something you have to go through to get the compensation you deserve. But it’s important to understand your rights and options before you agree to anything. Our attorneys at LA Century Law can help. We’ve represented injured people in car accident cases like you and have a proven track record of success.

Give us a call today to schedule a free consultation. We’ll review your case and help you understand your options.

Car Accident Arbitration FAQs

From a plaintiff’s perspective, what are the benefits and downsides of arbitration?

The main benefit of arbitration is that it can be cheaper and faster than going to court. It’s also typically less formal, which can be helpful if you’re uncomfortable with the court system. The downside is that arbitration can be binding, which means you may not be able to appeal the decision.

How do I prepare for an arbitration?

Although arbitration for car accidents is less formal, preparing in advance is still important. Gather any evidence that will support your cases, such as witness statements or photographs. Your evidence and testimony should comply with California Rule of Court 3.820, barring ex parte communication with the arbitrator.

Can discovery continue once the case has been assigned to arbitration?

Yes. The parties can still conduct discovery under the California Rules of Court, which includes taking depositions and requesting documents. However, this should be done at least 15 days before the arbitration date.

Seatbelts are arguably the most important safety features in a vehicle. Unfortunately, some people intentionally or unintentionally fail to wear them while riding or driving a vehicle.

In California, every car passenger and their driver is required to wear a seatbelt or restraint whenever a vehicle is in motion. Failure to do so is considered a legal offense and can attract penalties.

That said, if you get involved in an accident while not wearing a seatbelt but the other party is at fault, you are still eligible for compensation.

However, you’re unlikely to receive the same compensation you would have had you been wearing a seatbelt, and your case may also be complicated. An experienced personal injury lawyer at LA Century Law can help you navigate these cases and pursue the compensation you deserve.

California Seatbelt Laws

California Vehicle Code 27315 addresses seatbelt laws in California. It mandates that anyone 16 years and above should wear a seatbelt in a moving vehicle, whether they are the driver or passenger. It also requires that parents ensure that children aged 15 and below are secured with a safety constraint while in a moving vehicle.

The only people who are exempt from wearing seatbelts are those with medical disabilities that hinder seatbelt use or working in an occupation requiring frequent stops, such as newspaper delivery, USPS, and garbage collection. Also, if you occupy a vehicle that doesn’t have a seatbelt, such as some public transportation vehicles, you’re not required to wear a seatbelt.

Violation of the California seatbelt law can attract a fine ranging from $162 for adults and $465 for children younger than 16.

However, there’s a worse fate than penalties. Failing to wear a seatbelt could put you at risk of sustaining severe injuries or, even worse, losing your life in case of an accident.

In fact, a report by National Highway Safety found that in 2017, there were approximately 37,133 motor vehicle accidents in California. Out of these, 47% weren’t wearing seatbelts. Additionally, 618 people died because they failed to wear their seatbelts.

How Lack of Seatbelts Affects Accident Liability

The person who caused the accident is usually considered the negligent or at-fault party. However, if the accident involves a driver who has broken a safety regulation, the driver may be held negligent per se. This means that the law may not prevent the injury as is required.

In the state of California, ‘the seatbelt defense’ may work against your ability to hold the at-fault party responsible. If it’s determined that you were not wearing your seatbelt at the time of the accident, then the seatbelt defense will favor the negligent person.

The reason for this is that the jury may hold you partially at fault. But this is not to say that you can’t sue the at-fault party. Even so, obtaining compensation for your injuries will be more challenging.

In short, when you file a claim in California, you are eligible to obtain compensation for your injuries even if you were not wearing a seatbelt. However, the injuries you sustained because you weren’t wearing a seatbelt won’t be considered.

How a Seatbelt Violation Affects Your Personal Injury Claim

If you are involved in an accident and weren’t wearing a seatbelt at the time, a law enforcement officer may give you a ticket for non-compliance with the seatbelt law. However, this doesn’t bar you from suing the person that caused the accident.

California is a comparative state, but its laws don’t prevent you from seeking compensation for your injuries, even if you didn’t buckle up at the time of the accident. The court addresses such claims by looking at the injuries that could have been avoided had the victim worn a seatbelt and excludes those injuries from the compensation.

In most cases, the insurer of the negligent party will attempt to argue that all the injuries you suffered resulted from you not wearing your seatbelt. If they are successful in their defense, they can significantly reduce the compensation you’ll receive for your injuries.

Suppose your case goes to trial, the court will instruct the jury to factor in how your failure to wear a seatbelt may have aggravated your injuries. In case the at-fault driver tries to use the seatbelt defense, they’ll need to establish that:

• Wearing a seatbelt would have prevented the injuries
• The injuries are more severe because you weren’t wearing a seatbelt.

In such a scenario, an experienced attorney can help you build a strong case by gathering the necessary evidence and using testimonies from medical and biomechanical experts to establish that your injuries are unrelated or minimally related to you not wearing a seatbelt.

Defending Your Right to Receiving Compensation

While it’s imperative to buckle up before you start driving, this doesn’t mean that you should bear all the accident-related expenses due to a simple oversight on your part.

If not wearing a seatbelt is deemed partially responsible for your accident injuries, your compensation will be reduced by your assigned percentage of fault. For instance, if it’s established that you’re 30% at fault and would have otherwise been eligible for $150,000, you will receive 105,000, which is 70% of the original settlement.

After being involved in a California accident, you have two years to file your personal injury claim from the day of the accident. To increase your chances of receiving the maximum compensation possible for your claim, it’s advisable to hire an experienced attorney to help you throughout the process.

Our team at LA Century Law is ready to help you prove that despite your failure to wear a seatbelt, most, if not all, of your injuries were caused by the at-fault party’s negligence. We know what to look for and how to analyze evidence at the scene of the accident to help strengthen your case.

Contact us today and schedule a free consultation.

FAQs About Car Accidents Without Seatbelts

What injuries can you incur if you get involved in an accident while not wearing a seatbelt?

Seatbelts help you reduce the severity of injuries in case of an accident. The injuries sustained in an accident where you weren’t wearing a seatbelt can range from minor to life-altering. They include whiplash, neck injuries, internal organ damage, spinal injury damage, and more.

What is comparative negligence law in California?

Since California uses the comparative negligence rule, some of your injuries may be blamed on you if you weren’t wearing a seatbelt in a car or a helmet on a motorcycle.

In severe auto accidents, injuries tend to manifest instantly, and victims are taken to the hospital for treatment and monitoring. Those who have not sustained any injuries are requested to see a doctor for other tests but can also go home if they don’t see the need to see a medical specialist.

Over the years, studies have shown that car accidents frequently cause delayed injuries, symptoms, and pain. Therefore, following a road accident, you must be vigilant and monitor your body for delayed pain.

Keep reading to learn more about delayed pain after a car accident and how you can go about it.

How Long Does It Take for Car Accident Pain to Appear?

There’s always an expectation that pain, injuries, and anguish will appear several minutes and hours after an accident. Some people experience it instantly and will be moved out of the wreckage showing pain and discomfort. However, for a majority of people, this might take some time. The enormous surge of endorphins and adrenaline during an accident can mask feelings of pain for several hours.

Importantly, it’s worth noting that people react differently to trauma and stress. Also, researchers have not deduced why some people report immediate pain and suffering while others wait days to report the same. That’s why you need to monitor your body after an accident and report possible discomfort and pain to your doctor.

What Are the Common Symptoms of Delayed Pain After a Car Accident?

As discussed above, physical pain might not manifest immediately after an accident. It could take hours, days, weeks, and even months. However, this does not mean you should ignore and move back to your daily chores. You need to take some time off and monitor your body for possible delayed pain and injuries. Specifically, these are some of the common symptoms of delayed pain that you should monitor:

• Regular headaches
• Abdominal pain
• Chronic fatigue
• Behavioral changes
• Numbness and tingling
• Abnormal sleep patterns
• Back or neck pain

You need to see a medical specialist when you experience any of the symptoms discussed above, even if it’s mild. You should not pay too much attention to discovering whether it’s related to the accident. Addressing these symptoms early will help detect the source of the problem and provide the necessary treatment.

Common Delayed Injuries After an Auto Accident

These are some of the injuries that can develop for hours, weeks, or even months after an accident.

1. Concussion

Over the years, the definition of a concussion has changed. It isn’t just a knock on the head. A concussion is a brain injury caused by a blow to the head or body, a fall, or another head injury.

Concussions often occur from car accidents, as your head can snap forward and hit the steering wheel or dashboard. An auto accident can also cause your head to be jarred from side to side.

2. Whiplash

With whiplash, your head is quickly forced forward and backward (or vice versa). This whipping action can damage your neck’s muscles, tendons, and ligaments. Whiplash can also cause damage to the discs in your spine, as well as the nerves that run through your spine.

This accident tends to delay the onset of symptoms, as it can take time for the inflammation to develop.

3. Herniated disc

A herniated disc occurs when the gel-like center of a spinal disc ruptures through a tear in the outer layer. This can happen due to a sudden impact or force, such as a car accident.

Symptoms may not appear immediately, as it takes time for the disc to herniate. However, once it does, you may experience pain, numbness, or weakness in the affected area.

4. Fractured bones

A fracture is a break in the bone. A bone can be fractured in a car accident if there is a direct impact on the bone, such as from a seat belt or airbag, or if the bone is crushed. A fracture can also occur if the force of the accident is enough to cause the bone to break.

Symptoms of a fracture include delayed pain, swelling, and bruising.

5. Traumatic brain injury

A traumatic brain injury (TBI) is a blow or jolt to the head that can disrupt the brain’s normal function. A TBI can range from mild, such as a concussion, to severe, such as a skull fracture.

Car accidents are a leading cause of TBI. Symptoms of a TBI can appear immediately or may not be evident until days or weeks after the accident.

Can You File a Personal Injury Claim for Delayed Pain?

If you’ve been diagnosed with a condition after experiencing delayed pain, you might wonder if you can file a personal injury claim. After all, the pain you’re experiencing is genuine and negatively affecting your life and work.

The answer to this question depends on a few factors, including the cause of your delayed pain and the state in which you live. In general, it is possible to file a personal injury claim for delayed pain if you can prove that someone else’s negligence caused your pain.

To file a personal injury claim for delayed pain, you need several supporting documents, such as medical records and doctor’s notes. You’ll also need to prove that the other party was at fault for your injuries. This can be done through eyewitness testimony, video footage, or police reports.

Contact a Car Accident Attorney Today for Delayed Pain Claims

If you were involved in a car accident and you’ve felt delayed pain after some weeks or months, be sure to receive proper treatment. Then, work swiftly to file a personal injury claim. If you work with an experienced personal injury lawyer, they can manage your claim for compensation on your behalf.

At LA Century Law, we can assist you in filing a personal injury claim and fighting for your rights from insurance companies. Our team of experienced lawyers understands what it takes to win a personal injury claim, and they’re ready to assist you in getting what you deserve.

Contact us today for a free case evaluation.

Car Accident Pain FAQs

What causes delayed accident pain?

There are many possible causes of delayed pain. It may be due to inflammation, nerve damage, or scarring. It can also be caused by psychological factors such as stress or anxiety.

How is delayed pain treated?

Delayed pain is often treated with a combination of medication and physical therapy. Pain medication can help to reduce pain and inflammation. Physical therapy can help to stretch and strengthen the muscles and tissues around the area of pain.

When a car accident happens, those involved usually have different accounts of what happened. It is common for drivers involved in car accidents to try and fault the other party while accepting little to no responsibility for their actions.

Given that California is an at-fault state, knowing the party liable for the car accident plays a vital role in any case. It is the victim’s responsibility to prove who is liable for the accident. Luckily, there are several ways to determine fault for a car accident by the location of the damage.

Seeking legal representation as soon as possible for a car crash is vital to help prove liability and get the compensation you may be entitled to.

Why Is It Important To Determine Car Accident Fault?

The individual who caused the collision will often be responsible for any resulting personal harm or car damage. The at-fault driver’s auto insurance company will often pay this money instead of the driver unless the driver is not insured.

It is also worth noting that passengers who sustain injuries typically qualify for compensation under the no-fault car insurance policy of the driver of the car they were in at the time of the collision. This is not the case in states with no-fault auto insurance. In these states, injured drivers will submit a claim with their respective auto insurance providers, irrespective of who was responsible for the collision.

How Can You Tell Who Hit Who in a Car Accident?

How do you piece together a car accident scene to determine what happened and who’s at fault?

If a vehicle is damaged on the passenger’s or driver’s side of an intersection, for example, you can conclude the direction the colliding car was traveling in. The intensity of the damage can also reveal if the vehicles involved were at high speed or not.

Below are some common indicators of who hit who in a car accident using the location of damage:

Rear-end accidents

If the location of the damage is the rear end of a vehicle, it suggests that the driver of the damaged car is not responsible. There might be some exceptions, such as when a car rear-ends another while blocking it, and there is not enough room to halt. In this case, the rear-ended car may be to blame for the collision. However, the driver following too closely is almost always blamed for a rear-end collision.

T-bone accidents

Also referred to as broadside or side-impact collisions, T-bone accidents occur when two vehicles collide and one hits the other on the side. One vehicle could have violated a stop sign or red light before hitting the other. It is possible to assume that the driver who violated the signage or light is primarily (if not entirely) to blame for a T-bone collision.

Who Determines Car Accident Fault?

In most cases, the car insurance provider, through the claims adjuster, will take the lead in determining the party responsible for the automobile accident. They will interview all the parties involved, take witness statements, police reports, and photographs of the scene of the collision, as well as review any available video footage. However, if the car accident case goes to trial, it will be the responsibility of the judge or jury to weigh the evidence provided to determine who is responsible for the collision.

One of the most helpful ways that claim adjusters use to determine car accident fault is by evaluating the location of damage in a collision. Sometimes the damage itself conveys the whole story.

Our vehicle accident lawyers in LA Century Law are experienced at making similar connections and disputing fault when necessary from contributing factors to an accident.

However, in other situations, it is more difficult to assess the vehicle damage and get a clear-cut explanation of what happened and who is responsible. In such scenarios, locating the damage made to the car can assist you in eliminating potential explanations for the collision.

Is Location of Damage in a Car Accident Enough to Prove Car Accident Fault?

Even if you connect the dots using the location of damage in a car accident, it is sometimes not enough to determine car accident fault in some cases.

For instance, what if a car that was rear-ended stopped suddenly without apparent cause or warning?

This is why it is not enough to determine fault by looking at the location of the damage. Rather, a claims adjuster, police officer, or parties involved would like to evaluate the accident scene entirely before anything is altered.

This supporting evidence could include:

• Taking photographs or videos of the scene of the car accident as well as accident debris
• Observing skid marks and other vehicles involved
• Recording witness statements
• Getting cell phone records
• Proof of other conditions on the road, including the weather and other vehicles parked along the road, if available

Consult LA Century Law’s Experienced Car Accident Attorneys

Determining car accident fault requires gathering adequate evidence, which can be tasking. Although a claims adjuster or opposing counsel can help in this process, it is vital to consult an experienced California auto accident attorney to represent and fight for your rights.

Our team at LA Century Law is ready to help you prove fault in your car accident and work towards attaining a fair outcome. We know what to look for and how to analyze evidence at the accident scene to help you know who is at fault.

Contact us today and schedule a free consultation.

Car Accident Fault FAQs

Who is responsible for proving fault in a California car accident?

The injured party is responsible for proving fault in a car accident during a claim. Police officers and claims adjusters can also help.

How do you determine fault in a California auto accident?

Determining fault in a car accident involves evaluating all evidence gathered from the scene of the accident. This includes the location of damage to the vehicles involved, witness statements, videos or photographs, and other related records.

Occasionally, we see car accidents in California resulting in a totaled car. These car accidents don’t have to be as severe as a head-on collision, rollover, or a T-bone for a car to experience considerable damage beyond repair.

California total loss laws specify how insurance companies and other parties should handle a total loss. However, this process can be tricky, especially involving insurance companies.

In such a situation, having experienced car accident attorneys to guide you can help with this process.

Terms Associated With Total Loss

Like any other legal issue, specific terms are associated with totaled cars in California and elsewhere. The most commonly used terms include:

• Total loss: A situation where an accident has damaged a vehicle beyond repair, or you’ll pay more to repair the damaged car than what the car is worth
• Actual cash value (ACV): The value of your vehicle before the damage caused by the accident
• Cost of repair: The costs you’ll meet for experts to repair your damaged car and revert it to a functioning condition
• Salvage value: The amount of money you’ll gain after selling the damaged car in its current state
• Total loss threshold: The legal point at which your insurance company considers your damaged car as totaled and is eligible for a salvage certificate from the California DMV

A totaled car in California means that your car is damaged beyond repair or the costs of repair exceed the actual cash value of the car.

California’s Total Loss Law

California total loss laws are contained in California Vehicle Code § 544 and § 11515. These codes direct individuals and insurance companies on how to handle damaged cars. These laws are also apparent when the insurance company can declare your damaged car totaled, also called the total loss threshold.

There are two main methods of determining the total loss threshold; a simple fixed percentage and the total loss formula. California is among the few states that deploy the total loss formula to determine the total loss:

Salvage value + Cost of repairs ≥ Actual Cash Value

According to this formula, insurance companies in California can only declare your car as totaled if the sum of the car’s salvage value and cost of repairs is the same as, or more than, the car’s actual cash value.

What’s the Insurance Company’s Role in Car Total Loss?

Insurance companies are usually at the center of total loss cases. After the accident, you must take the damaged car to a body shop where experts will evaluate the vehicle’s condition and provide a report. The insurer uses this report to determine the total loss threshold and the car’s value.

The insurance company will also determine if you are entitled to any compensation for damages caused by another party.

Whose Insurer Pays Your Totaled Car’s Value?

The party compensating you depends on the at-fault party and under which insurance policy you are filing the claim; yours or a third party.

Various insurance policies that might pay your car’s value after the accident include:

• Standard liability: covers physical and property damages to other people due to an accident you caused.
• Property damage liability:  pays for your car’s damages due to an accident caused by another driver.
• Uninsured/underinsured motorist: covers if the negligent driver is not insured or has inadequate coverage.
• Collision: applies if you collide with another car or a stationary object, such as a wall.
• Comprehensive: applies if your accident was caused by non-collision factors such as natural disasters, theft, and vandalism.

In short, if another party is at-fault, their insurer will pay your totaled car’s value. On the other hand, if you are at-fault, your insurer will compensate for any damages you caused, and your collision insurance will cover your totaled car’s value.

What If I Disagree With the Insurer’s Determination of My Totaled Car?

The outcome of the total loss declaration might not be what you were expecting, leading to a disagreement between you and the insurance company. If that happens, there are several avenues you can follow to solve the issue.

If you disagree with the at-fault party’s insurance company, file a claim with your insurance company. Your policy will cover the value, and your insurer will pursue payments from the at-fault party’s insurer.

If you disagree with your insurance company, consider hiring your appraiser to inspect and value your car. You can also consult your local department of insurance for guidance.

Alternatively, consult your car accident attorney on your legal options.

Regardless of the avenue you’ll pursue, ensure you have evidence of why your car’s value is higher than the insurer’s. Some documentation include maintenance logs, vehicle upgrade reports, and the latest photos indicating the car’s pristine state warranting a re-evaluation.

What to Do With a Totaled Car

The first step after a car accident is taking care of your health and safety. After that, you can decide what to do with your totaled car.

The several options at your disposal include:

• Sell it for scrap or parts
• File a lawsuit against the negligent party for compensation and damage recovery
• File an insurance claim with your insurer or the at-fault party’s insurer
• Retain the damaged car as a collector’s item or for sentimentality
• Donate it to charity
• Cover for the damages and have it repaired out of pocket

Before choosing any of these options, it’s wise to consult an appraiser and car accident attorney for advice.

Contact the Car Accident Attorneys at LA Century Law

Severe car accident injuries can occur when a vehicle is totaled. The situation can be dire when you disagree with the insurer about the value of your car and the compensation you deserve for your injuries.

A knowledgeable car accident attorney at LA Century Law can scrutinize your case and guide you accordingly. We have extensive experience in seeking fair compensation for total loss car accidents and how to handle insurance companies.

To learn how we can help, contact us to schedule a consultation.

Car Accident FAQs

When is a car considered totaled?

When the car is damaged beyond repair or its actual cash value (ACV) is less than its repair costs.

Can I retain my totaled car after the insurance company is done with it?

While you can retain a totaled car, you’ll receive less value for it. Chances are the insurer will deduct its salvage value from its ACV. Instead of keeping it, donate it to charity, and you might enjoy a tax deduction.

Does a totaled car mean I can stop repaying my car loan?

Unfortunately no. You are legally obligated to complete your auto loan despite the total loss. The insurer will pay the lender your car’s value; you’ll meet any balances out of pocket if you lack gap insurance.

If you or your loved one have become car accident victims, it matters what information you can preserve. Documenting the accident scene by taking car accident pictures should be among the immediate steps after being in a crash. Depicting the scene is essential, especially since the wreckage might be towed away.

Understandably, your condition after the accident might not allow you to photograph the accident. However, these accident photos might change the course of your personal injury claim.

Further, they give your California car accident attorney the leverage to fight for your rights to compensation.

Why Take Car Accident Pictures?

The various reasons for photographing a car accident include:

• Preserving and presenting evidence: The wreckage after a car accident is usually taken away quickly, especially in a busy road section. The pictures are a reliable way to preserve the evidence even if the totaled vehicles are removed and present during the trial.
• Supporting your claim: A considerable part of any claim is proving fault. The insurance companies will use tricks to evade compensating you. The photographic evidence will prove the accident wasn’t your fault. It’ll depict the injuries you sustained, vehicular and bodily damages, and the extent of the accident, giving the insurers no reason to deny your claim.
• Presenting data: Accident photos contain valuable information, including the extent of the crash and its damages, location, contributing external factors, and more.
• Supporting damages: A car accident can cause extensive physical damage to the cars, the victims’ bodily injuries, and surrounding areas. These photos complement accident and medical reports, witness statements, and any other evidence to show the damage the car accident caused.
• Recording for the future: Every photo has a story behind it. Even though a car accident is a painful narrative, the photos can help you come to terms with the accident and help you understand the precautions necessary to prevent such an occurrence in the future.

What Particular Car Accident Photos Should You Take?

Knowing which photos to take can help with your car accident claim, including:

• Your injuries and those of other injured victims — after the accident and during recovery
• The damaged vehicles, their registration numbers, and VINs
• The surrounding areas, including buildings and traffic signs
• Skid marks, wreckage debris, shattered glass, and any charred car wrecks
• Any other damaged property
• The interior of your car, including the odometer and deployed airbags
• First responders and witnesses
• Documents from the other drivers, such as insurance information, contacts, and driver’s license
• The overall accident scene
• The road, traffic, environmental and weather conditions

There’s no limit to the particular photos you can take after the accident. There are always some vital details the images can provide to help with your claim and insurance companies.

A Point of Caution Before Taking Car Accident Photos

While taking pictures for insurance companies is essential, the health and safety of all accident victims should be the priority.

Only photograph a car accident if you are safe to do so. Otherwise, stay put inside your car until help arrives. No photos, however vital to evidence, are worth your health and safety.

Important Tips on Photographing a Car Accident

It’s not enough to know which car accident pictures to take. While it’s not your typical photo session, knowing how to take the images and what to capture can boost their usefulness and relevance.

Here are some helpful tips:

• If you cannot take the pictures out of concern for your own health and safety, request someone else to do it.
• Work with what you have. If you don’t have a high-resolution camera, you can still use your phone’s camera.
• Take as many pictures as you can. Each photo has some information to convey
• Time and date the photos to ensure accuracy and authenticity.
• Every detail counts, however minor or minute. Focus on close-ups and details.
• Take the pictures from varying distances and angles.
• If possible, capture familiar landmarks in each photo to highlight scale, location, and distance.
• Note how sunlight and weather conditions affect the photos’ quality.
• Take multiple close-ups from the same spot as backups.

Contact the Car Accident Attorneys at LA Century Law

While taking pictures for insurance companies is vital, seeking legal representation after a car accident should be your next step. Accident photos or not, your attorney will know the best course of action to take.

LA Century Law’s car accident attorneys will guide you through the legal steps after a car accident and fight for your rights. We’ll paint a vivid picture of the physical and psychological damages you ensured after the accident and that you have to live with for life.

Contact us today if you or your loved one has been in an accident.

Car Accident Photo FAQs

What if I was unable to take car accident photos?

While car accident pictures are vital for your claim and insurance companies, your health and safety come first. Only take them if the situation allows it. If you were unable to initially, you could return to the scene afterward to capture the road layout and damage (chipped sidewalks, etc.).

Who uses the car accident photos I take?

Every car accident photo you take relays vital information relevant to your claim. The main parties that require these photos include the court, jury, your car accident attorney, insurance companies for all parties involved in the accident, the victims, and investigators.

Will I get in trouble for taking car accident photos?

The accident occurred on the road, which is public domain. You are free to take pictures in the public domain; they become your intellectual property the moment you take them. However, refrain from sharing these pictures on social media, as insurance companies can use this move against you.