Abramson Smith Waldsmith LLP

motor vehicle accidents Archives

When negligent driving turns deadly

The term "negligent driver" can sound innocuous, as harmless as going a mile over the speed limit or parking an inch too close to the curb, but negligent driving can have serious consequences. Per a table on the CA.gov DMV portal, negligent driving in the state of California can encompass an extensive list of acts with varying ranges of severity, and are graded on a point system to determine the action taken against the driver on first and repeated offenses.

Are you at fault in a car collision with objects on the road?

During a late night on California roads, it can be terrifying when your headlights suddenly sweep across an object in your path. You see the object, perhaps something that fell from a previous driver's vehicle, but not in time to avoid it. You swerve, but still drive into or over the object. Your vehicle is damaged, and it is possible you may be injured. In this case, you would think you are not at fault, and your insurance company and possibly anyone involved in the placement of the obstacle on the road would be liable for damages. But did you know that you can actually be held accountable for your accident?

What happens if you are injured in an insurance fraud case?

It can be hard to believe, but not everyone on the road has your best interests in mind. A car accident in California may be more than just an accident. It may be the other driver's attempt to commit insurance fraud by deliberately causing a collision. Yet such drivers rarely think of the harm to anyone but themselves. What happens if you are involved in a car crash with a person attempting insurance fraud, and subsequently injured?

Legal liability in self-driving car accidents

In an accident with most motor vehicles, blame can often be placed on one or both drivers, existing traffic conditions, vehicle safety issues, road safety issues or weather conditions. The issue of liability gets more complicated when dealing with self-driving cars that do not have a driver, when the self-driving car may or may not be at fault in the instance of an accident on California streets.

What do you do when police arrive on the scene of a car accident?

When you have been involved in an accident on California's highways and city streets, the immediate response can be panic. Accidents are frightening and your emotions may be running high, whether you are upset over a near-miss fatality, angry over damage to your vehicle, or dealing with the pain and fear associated with injury. Regardless of your emotional state, however, you should be prepared to deal with police once they arrive on the scene of the accident.

When accidents require an investigation

If the cause of a motor vehicle accident is unclear, California state or local police accident investigation teams may conduct an investigation to determine the cause of the accident, including agencies such as the California Highway Patrol Multidisciplinary Accident Investigation Teams. Such investigations can be common in cases involving catastrophic injury or death, but less common in minor accidents unless an insurance company requires information to determine who was at fault and thus who is liable for monetary damages.

Can the driver in a hit and run case be acquitted of fault?

A hit-and-run can happen out of nowhere. One moment you are walking the streets of California, and the next a driver crashes their vehicle into you. Rather than remain and take accountability, the driver speeds away and leaves you injured. You have been the victim of a hit-and-run, but if you pursue a case against the driver can the driver be acquitted for any reason?

Manufacturer liability in recreational vehicle accidents

An RV trip through California's hills may be one of your favorite family pastimes, but what happens when your recreational vehicle fails you? If you have suffered a motor vehicle accident and/or injury due to a manufacturer defect in a recreational vehicle, you may be eligible to pursue charges against said manufacturer. At Abramson Smith Waldsmith LLP, we understand exactly how you feel when your trust in a vehicle manufacturer is betrayed.

California seat belt regulations fall short in bus accidents

When seat belt safety is paramount to driver safety, it can be shocking to learn that California has historically had no formal law in effect regarding seatbelts on public buses and school buses. At the law firm of Abramson Smith Waldsmith LLP, we understand your fear that a trip home on public transit could quickly become a trip to the emergency room.

Can you testify in your own accident case after a brain injury?

As you drive on California's busy streets and highways, an accident can happen out of nowhere. One of the greatest fears in the case of a motor vehicle accident is the fear of suffering a brain injury. While some brain injuries are mild, others can lead to permanent impairment ranging from minor cognitive and functional difficulties to complete loss of capacity. A severe enough brain injury can lead to coma or death. If you pursue a suit in the case of a motor vehicle accident and resulting brain injury, are you able to testify in your own trial?

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