California Injury Lawyer Blog

When car accidents occur on fast-moving roadways, it is important for everyone involved to stay attentive to the ongoing danger after the initial accident. Exiting a disabled vehicle and walking onto an active roadway is almost always more dangerous than staying in the vehicle and waiting for help to arrive. A recent fatal auto-pedestrian crash in California appears to have occurred after a driver exited his vehicle after a crash and was struck by another car on the highway.

According to a local news article reporting on the fatality, the crashes occurred on Highway 101, near Prunedale. A male driver was involved in a minor accident, after which he exited his car to assess the accident and call 911 when he was struck and killed by another vehicle traveling on the road. A California Highway Patrol spokesperson quoted in the article advises drivers involved in accidents to stay in their vehicle, moving the vehicle out of active traffic if possible. The driver of a disabled vehicle should also activate their hazard lights and call 911 as soon as it is safe to do so.

Determining liability for a multi-part accident such as the recently occurring one noted in the article may not be a simple process. The person responsible for the initial accident that disabled the first vehicle may not be responsible for the death of the driver, as there was an intervening cause to him getting hit as a pedestrian on the highway. A driver who strikes a pedestrian on the highway may or may not be liable for any injuries caused by a crash. Liability for injuries or deaths caused by a series of accidents generally hinges on whether a person was acting negligently and whether that negligence caused the injury.

In a perfect world where all drivers followed the law and road conditions were always ideal, head-on collisions would not be an issue. Unfortunately, the world we live in is far from perfect. Head-on collisions result in hundreds of injuries and deaths in California each year. Head-on crashes may be caused by distracted or impaired drivers, inclement weather or road conditions, or dangerous driving behavior. Whatever the cause of the crash, nearly all head-on collisions could be avoided if everyone were exercising reasonable care while operating a motor vehicle. A recent California head-on collision demonstrates these facts and should remind drivers to use caution when out on the roads.

According to a local news article reporting on the crash, the two-vehicle accident occurred on Highway 166 near Santa Maria. The driver of a GMC Yukon appeared to cross over the double yellow line of the two-lane road for an unknown reason and collided with a Porsche SUV. The driver and passenger of the Porsche were seriously injured in the crash and transported to local hospitals for treatment. According to the report, the cause of the crash is still under investigation, although no mention of drugs or alcohol was made.

Distracted and impaired driving are contributing factors in many deadly accidents across the state. If a vehicle is traveling on an undivided highway, even a momentary lapse of attention can cause the driver to cross into oncoming traffic and cause a crash. In the present era, with most drivers having phones or other electronics in operation while driving, it is common for drivers to get distracted. California drivers have a legal duty to pay attention while operating a vehicle, and a crash that is caused by distracted driving can lead to criminal charges and civil liability for the negligent driver.

Excessive speed is a common factor in many California auto accidents. Hurried drivers often ignore posted speed limits in an effort to get to their destination quicker, in spite of the fact that speeding usually only saves seconds or minutes over the course of a trip. When combined with other dangerous conditions such as heavy traffic, low lighting or inclement weather, the dangers of speeding are multiplied. Although speeding kills hundreds of people every year, the practice is pervasive on California roads, and the results are often tragic. A recent news article discusses a fatal head-on collision that is attributed in part to one of the vehicles traveling at a high rate of speed.

According to the news report, the tragic accident occurred on Highway 65 near Delano, when the speeding driver of a Honda Accord crossed into oncoming traffic and hit another vehicle. The driver of the other vehicle, a Nissan, attempted to avoid the collision but was unable to swerve in time to prevent the crash. Authorities arrived at the scene of the crash, and the driver of the Nissan was pronounced dead at the scene. The driver of the Honda was seriously injured and transported to a local hospital.

Victims of California car accidents and their families are entitled to compensation for the damages and loss related to the accident. If a driver is speeding or violates other traffic laws to cause an accident, they can be held personally responsible for the injuries or deaths related to the accident. An injured party should consult with a California personal injury attorney and pursue a personal injury claim against the at-fault driver. If the at-fault driver has liability insurance (as required by law), their insurance company should be responsible for paying any amount of damages up to the limits of the policy held by the driver. If an at-fault driver does not have insurance, the uninsured motorist coverage of other drivers may cover the damages, and the driver may also be held personally accountable for the damages related to their negligence.

Following a California car accident, the customary thing to do is pull over and exchange information with the party or parties involved. Sometimes, however, the at-fault party flees the scene, which is against the law. When this happens, it is not only irresponsible and can leave anyone who was hit without redress from their insurer, who may deny the claim that arises from the accident.

According to a recent news report, a fatal car accident left three people dead after the at-fault driver fled the scene. A Mercedes and Kia collided, sending debris flying hundreds of feet across the road and igniting a small fire. Three individuals in the Kia were pronounced dead at the scene and have not yet been identified. By the time local authorities arrived, the driver and passenger of the Mercedes had fled the scene. The two individuals were later found at a hospital with moderate to serious injuries. Because California laws dictate that drivers have an obligation to stay on the scene following an accident, the driver could potentially face hit-and-run or vehicular manslaughter charges. The crash remains under investigation.

In California, there are laws in place that make it a crime to flee the scene of the accident without stopping and providing your information when the accident causes damage to other cars or property. California law categorizes these offenses as “misdemeanor hit and runs,” which could be punishable by up to six months in jail or a fine of up to $100,000. Drivers who commit these offenses could also be required to pay restitution to victims for property damage and receive two points on their California driving record.

California drunk and impaired driving accidents often result in serious and potentially fatal injuries. The trauma of these accidents ripple throughout the community and can have lifelong medical, psychological, and emotional consequences on everyone involved in the incident. Insurance payouts rarely meet the significant expenses that victims and loved ones face after a California accident. Victims must often pursue personal injury claims to ensure that they can appropriately address the extent of their losses.

Many drunk or impaired driving accidents result in both criminal charges and civil claims. However, California accident victims can pursue a civil lawsuit against the at-fault driver regardless of whether a criminal charge is underway. Plaintiffs may file a claim for damages when they suffer injuries because of a drunk or impaired driver. The victim must prove that the driver was negligent, and the plaintiff suffered injuries because of that negligence. Under the theory of negligence per se, the law presumes that the other party was negligent if they violated a law, statute, or ordinance designed to prevent the injury that occurred. However, the defendant can rebut the presumption by showing evidence that they did not violate the statute or the violation did not result in the plaintiff’s injury.

For example, recently, a national news report described a harrowing California impaired driving accident where six people suffered injuries, and three people died. According to reports, an impaired driver drove over a curb and onto a sidewalk slamming into the victims. Police arrested the 71-year-old motorist for vehicular manslaughter, driving while impaired, and causing great bodily injury while committing a felony. It is unclear if the impairment was related to alcohol or another substance; however, the case is still under investigation.

California motor vehicle accidents involving tractor-trailers and other large commercial vehicles are the most deadly type of motor vehicle collisions. The sheer magnitude and design of these vehicles make them more prone to causing wide-reaching destruction. After a California tractor-trailer accident injury, victims may suffer from long-term physical and psychological medical conditions. Insurance companies’ initial offers rarely cover the full extent of an accident victim’s losses and expenses, and a personal injury lawsuit is often the best way to recover damages.

Accident victims may recover damages from the negligent truck driver, their employer, or any other party responsible for the accident and resulting injuries. California plaintiffs may pursue damages for losses such as medical expenses related to the accident, lost wages, and pain and suffering. In some rare cases, victims or their families may pursue punitive damages against the culpable party. Under California’s comparative fault framework, injury victims who bear some responsibility for their injuries may still be able to recover against the defendant.

Despite the state’s comparative negligence laws, tractor-trailer accident victims often face challenges determining fault after these accidents. Plaintiffs must establish negligence on the part of each potential defendant. For instance, in claims against a truck driver, plaintiffs may be able to prove negligence by establishing that the driver was distracted, under the influence of drugs or alcohol, or they were engaged in other unsafe behavior. In cases against the trucking company, the plaintiff may be able to point to negligence by showing that the tractor-trailer was over or improperly loaded, the vehicle was not maintained, or the employer engaged in negligent hiring or training. Moreover, plaintiffs may be able to file a claim against a truck’s manufacturer if the vehicle or any of its parts was defective. In each of these cases, the plaintiff must prove that the other party’s negligence caused the victim’s injuries.