Traffic Accidents FAQ

You hope you never have to contact a car accident lawyer in Sherman Oaks, but unfortunately, the average driver experiences an estimated four accidents in their lifetime. Immediately following an accident, it’s common to experience brain fog at the scene, meaning that you’re too overwhelmed to follow the proper protocol. According to a Sherman Oaks personal injury attorney, drivers are often in shock and forget to take photos of the accident and take down other drivers’ contact information.

By reading these common inquiries compiled by an auto accident lawyer in Sherman Oaks, you can be more prepared for any accidents that may happen while you’re on the road. 

How Do the Courts Determine Fault in Car Accidents?

Fault is determined by many factors, starting with the police report made by the responding officer the day of the accident. The police officer will get statements from both drivers as well as any witnesses. They will also expect damage on the vehicles in addition to any skid marks or debris.

If the other driver disobeyed a traffic signal or was distracted by their phone at the time of the crash, it’s likely the courts will find them responsible for the accident.

If I am the Victim of a Commercial Trucking Accident, Who Do I Sue for Damages?

Following a traffic collision with a commercial truck driver, either the company for which the driver was working or the driver themselves will serve as the defendant in your case. You will need to see if the driver was an employee or independent contractor working with the company. 

You will also need to research the company’s policies on traffic accidents involving their drivers. For example, if the driver was off the clock when the accident happened, it’s possible that the company will not be held liable since they technically weren’t working.

Is the Rear Car Always Liable in a Rear-Ending Accident?

A rear-ending accident is pretty straightforward when it comes to determining fault; since the rear driver failed to stop, they are liable for the collision. Sometimes the courts will determine that the driver in the front was negligent, depending on the circumstances surrounding the crash.

“Brake checking” is when the front driver deliberately slams on their brakes when they notice that someone is following too closely. Stopping for no apparent reason like that means your accident injury attorney in Sherman Oaks has a strong argument that the front driver is liable for the accident. In a California court of law, a driver who brake checks will be partially responsible for the damages. 

Am I Liable for a Motorcyclist’s Head Injury if They Weren’t Wearing a Helmet?

Head and neck injuries are among the leading bodily injuries suffered by motorcyclists, which is why many states, including California, require that their riders wear helmets. If the motorcyclist chose not to wear a helmet, they may be liable for their head injury.

Under California’s pure comparative negligence law, the motorcyclist would be held at least partially liable for their injuries since they bypassed California’s helmet law. However, it’s possible that you would still be responsible for any other bodily injuries they sustained.

Do I Have to Notify My Insurance if I’m in an Accident?

It’s always a good idea to get authorities involved if you’re in an accident so you can get official documentation of what happened. If you’re in an accident with another driver, you will want a third party involved. Otherwise, it will be their word against yours if they choose to come after you with a car wreck lawyer in Sherman Oaks. Additionally, your insurance agent may come to your aid in the days following the accident if the property damage and bodily injuries are quoted to be more expensive than you originally thought. 

It’s important to note that failure to report an accident to your insurance agency can result in fines and penalties.

What do I do if I Hit a Wild Animal?

Sometimes animals run out in front of oncoming cars, making it almost impossible to safely avoid hitting them. In the event that you hit a wild animal, protocol depends on the size of the animal.You are required by law to report the accident to the police if you hit a large animal such as a dog, bear, deer, or other livestock.  Calling the police will allow you to get help managing the accident and get in touch with animal control. 

If the impact of the animal damaged your car, you should also call your insurance agent.

What Should I Do if I Need Compensation Following an Accident?

A talented car accident lawyer in Sherman Oaks is crucial to fair treatment following your car accident. The attorneys at Okhovat Law will aid you in your legal fight for fair compensation. Contact the office today so you can get one step closer to moving past your accident and receiving compensation for your damages.