Knowing what to do immediately after a car accident makes all the difference in your injury claim. Learn all about the relevant steps and settlement rules.
As one of the largest cities in the United States, Los Angeles is no stranger to motor vehicle accidents. A 2017 report showed that a person dies from a traffic accident in the city of angels every 40 hours, on average. The frequency of vehicle collisions makes it imperative to know what to do immediately after a car accident in Los Angeles.
The steps you take after an accident impacts injury claims and negotiations with insurance companies. If you find yourself in a motor vehicle accident, contact McDonald Worley Law Firm to Speak with an accident lawyer. With us, you’ll get the best representation for your personal injury action.
How Often Do Car Accidents Happen in Los Angeles?
According to Statista, a person’s lifetime odds of dying in a car accident in the United States is 1 to 107. Data released by the consumer database company showed that in California, there were about 3,723 traffic fatalities. The number is a slight increase from the year 2019.
In 2019, the Los Angeles Police Department (LAPD) said in a press conference that they recorded 236 traffic deaths. In total, the city recorded over 54,000 crashes that year. The police noted that the fatality number was a significant 32% increase from what they recorded in the past five years.
The traffic accidents in Los Angeles arise from the same reasons as other parts of the United States. These reasons are distracted driving, driving under the influence of drugs or alcohol, and disobedience of traffic regulations. Furthermore, car accidents in Los Angeles are either single-vehicle crashes, two-vehicle crashes, or multiple vehicle accidents.
For the last two, the collision could be a rear-end collision, head-on collision, broadside, or T-bone collision. These accidents cause different degrees of injuries depending on the crash impact. Some of the common injuries range are spinal injury, head injuries, broken bones and fractures, and traumatic brain injuries. At other times, there could be whiplash, cuts and lacerations, and internal bleeding.
What Should You Do After a Car Accident in Los Angeles?
After a motor vehicle accident, those involved have a torrent of emotions due to the shock from the crash. The shock makes it easy to forget the legal and appropriate steps to take immediately after the occurrence. It could also be that those involved in the occurrence do not know the right steps to take and, therefore, create problems.
Below, we list out what you should do immediately after a car accident in Los Angeles.
- Stay at the Scene
After a traffic collision, those involved have a flight or fight response. They take a moment to decide whether to stay at the scene or flee. Often, fault drivers flee the scene of a collision without waiting for the police to arrive or rendering help to an injured victim..
When this happens, the crash becomes a hit-and-run accident. It brings in a criminal and civil element to the occurrence. A criminal charge does not stop an accident victim from making an insurance claim or filing an accident lawsuit. Find out more about this from an accident injury attorney.
- Protect the Accident Scene
Just like a crime scene, you need to protect the accident scene to preserve the evidence. The latter is vital and key if you desire to pursue a personal injury claim or property damage claim. Stay with your vehicle, and place cones or triangles at the back and sides. If you don’t have any of the two at hand, turn on your hazard lights.
If you can’t do them yourself, get a passerby or witness to help you with it. Also, avoid moving your vehicle unless the police ask you to when they arrive. If you are uninjured in the collision, and can’t park at the crash site, find the nearest possible place. Ensure the car is not blocking traffic and return to the accident scene.
- Check for Injuries
The next thing you need to do is check for injuries on yourself and the other party involved. Call 911 to request an ambulance. If you received medical treatment, ensure you keep track of your medical bills for as long as the treatment lasts. Include receipts for out-of-pocket expenses and physical therapy, if any. Records of medical costs are needed to get fair compensation.
- Call the Police
The next thing to do is call the police to make a report. According to the LAPD, you have to make a police report in any of the following instances:
- When there are injuries
- When there are no injuries, but a hit-and-run occurred
- When the other driver is unlicensed
You can request a copy of the accident report from the police later. The report is a piece of crucial evidence that you can present to the negligent driver insurance carrier or during a personal injury lawsuit. An accident attorney at McDonald Worley Law Firm can explain more on the importance of evidence.
- Get Evidence From the Crash Scene
Another step to take is gathering evidence from the accident scene. This includes photos of the damaged cars, or any other property, tire tracks, and injuries. Make detailed notes on the events before and after the accident for future reference. If the police used an accident reconstruction expert, get their report. Furthermore, talk to witnesses in case you missed anything and get their account of events.
- Get the Contact of Other Parties
You also need to get the contact of the other parties involved in the accident. This information should contain:
- Drivers’ license information
- Car registration number
- Auto insurance information
- Driver’s telephone number
The LAPD notes that you don’t need to file a police report once you have this information in a non-injury collision. Additionally, if you struck a stationary object or a parked vehicle, leave the owner your information. You can write your details on a piece of paper and leave them on the vehicle’s windshield or in the mailbox.
- Contact an Experienced Car Accident Attorney.
This is a crucial step that most people overlook. While not all accident cases require the expertise of an auto accident lawyer, you need one if you suffer severe injuries or damages. Also, it’s easier to deal with insurance adjusters when you work with an attorney.
What Happens if You Don’t Exchange Information After an Accident?
The importance of exchanging information after a car accident cannot be overemphasized. You must do this if you know that another person’s negligent actions caused the accident. If you have the fault party’s details, it would be easier to contact their insurance provider and get a settlement for your losses.
However, if you do not have the negligent party’s information, you will have to pay your medical bills and other expenses. If you have an auto insurance policy, it will pay for your losses. You have to report the accident to your insurance carrier and file the necessary documentation. This is why it is important to have enough coverage for yourself.
How Long Does It Take to Settle a Car Accident Claim in Los Angeles?
After a car accident victim assesses their damages, the next step is to file a claim against the responsible driver’s insurance policy. When you do this, you are entitled to get economic damages for your losses. It would mostly cover past, current, and future medical expenses and lost wages.
In a perfect world, getting compensated for injuries and damages shouldn’t be an issue. But our years as personal injury attorneys have shown us that several factors delay the claims process. The question, therefore, is how long does it take to settle a car accident claim in Los Angeles?
Ordinarily, a car insurance claim in Los Angeles takes three months to a few years on average. This period covers from start to finish. California insurance providers have strict deadlines for when they must:
- Respond to insurance claims
- Complete investigations
- Decide whether to approve or disprove a claim; and
- Mail the check
However, things can become complicated if any of the following is present:
- Catastrophic bodily injuries
- Low-quality evidence or minimal proof of the at-fault driver liability
- The death of a loved one
- Uncertain point of maximum medical improvement
- A liability dispute
- Multiple fault parties
- Trouble determining the injured party’s damages
If your insurance claim for damages does not work out, your next option is a personal injury lawsuit. If you commence legal action, it could take one year or more for the case to get resolved. The best way to expedite the process is by getting an injury law firm involved. An accident lawyer can cut the claims process duration by half and get you the settlement timeously.
However, if the insurance adjuster finds no fault in your claim and you reach a fair settlement with them, you will get paid. In such an instance, you will likely receive the settlement check within 30 days. The typical wait period is one to two weeks. But if the insurance company needs the involved parties to sign a release, it would stall the payment.
Can You Claim for Emotional Distress After Car Accident?
Motor vehicle accidents leave victims traumatized. Post-traumatic stress disorder (PTSD) is a common psychological injury associated with traffic accidents. It causes mental anguish and emotional distress, leading to anxiety attacks, loss of sleep, humiliation, depression, etc.
For these reasons, an injured party is entitled to compensation for emotional distress due to overall pain and suffering. To claim this damage, you must show that:
- The distress is more than fleeting
- The defendant’s conduct caused the distress
- The distress is medically significant
It means that you must have experienced the pain for a long time, and it must be related to the bodily harm suffered. Getting a mental health doctor’s report is also crucial in proving emotional distress. The report unequivocally states the impact of the crash on your life and how it affected your mental state. If you kept a journal of your injuries and experiences, you could also present it as evidence.
Furthermore, emotional distress comes under a class of damages known as non-economic damages. They are hard to calculate because they are unquantifiable, and it’s hard to place a specific dollar amount on them. There is no monetary value for the harm caused to a person’s mental state.
In California, there is no fixed formula for calculating emotional distress and other non-economic damages. In a personal injury lawsuit, juries consider the evidence and come up with a reasonable value. The latter explains why the amount varies from case to case. Lastly, the jury considers the severity of the injury, the impact on the victim and their family’s life, and other challenges.
Need a Car Accident Lawyer? Let McDonald Worley Law Firm Help You!
Car accidents can leave you shaken and battered emotionally and physically. Trying to juggle your recovery with your accident claim can be a lot for you to handle. But if you work with our experienced attorneys, you can focus on your recovery while we handle your claim. We work on a contingency basis and will get you the maximum compensation. Schedule a free consultation with us today!