High Occupancy Vehicle (HOV) lanes, also known as carpool lanes, were implemented in California with the goal of decreasing the commuting driving times, reducing stress, and improving traffic flow. The HOV system is designated for carpools, vanpools, and transit buses.
While HOV lanes are meant to reduce traffic congestion by giving multiple occupant vehicles the opportunity to travel faster through traffic, sometimes people drive too fast and perform dangerous maneuvers, resulting in an HOV lane accident. In this article, we’ll discuss the laws that protect HOV drivers and your legal options if you find yourself in an HOV lane accident.
If you need legal help for a car accident in California, please do not hesitate to contact us today for a free case review.
Legal Help for Accidents in HOV Lanes
If you find yourself involved in a car accident in an HOV lane in California, you may face life-altering injuries, impacting your health and financial security for the foreseeable future. HOV lanes are most common on the Los Angeles/Orange County interstates, such as I-5, I-405, I-710, and I-605. Interstate accidents, especially in the HOV lane, are often much worse than a typical accident, resulting in horrific injury and damage for everyone involved. But that’s where Maison Law can help. We advocate on behalf of injured car accident victims in California and can help them get their lives back on track after a horrific accident. We do this by connecting you to immediate medical resources, protecting you from liability, and recovering compensation for the following damages:
- Special Damages: medical bills, ongoing treatment, costs that accumulate when you’re unable to work, like rent or mortgage payments
- General Damages: these are non-economic hardships like pain and suffering, anxiety, depression, mental trauma
- Wrongful Death Damages: these damages may be sought by a spouse or close relative for funeral arrangements, burial expenses, and medical treatment before a loved one’s death
- Punitive Damages: these damages are rare, but if the driver engaged in reckless driving with the intention of hurting you, then you could sue for punitive damages
Laws and Safety for HOV Lanes in California
HOV lanes are a component of California’s traffic management strategy to eliminate the challenges with traffic congestion and environmental waste. The laws and safety information for HOV lanes in California include:
- The peak hours of HOV lanes are typically from 6 a.m. to 10 a.m. and 3 p.m. to 7 p.m. Drivers should be aware of the higher risk of an accident during these hours.
- HOV lanes are located to the left of all the other lanes. White diamond symbols are painted on the surface of the lane, and signs are also posted to indicate when an HOV lane is accessible.
- Automobiles with 2 or more occupants, as well as motorcycles, are allowed to use the carpool lanes.
- Although rare, certain highways require 3 occupants to access the HOV lanes, and the signage on the highway will make it clear when this rule applies.
- A violation of HOV laws can result in a $490 traffic ticket with higher penalties for multiple violations.
How Safe Are HOV Lanes?
Studies have shown that HOV lanes reduce congestion on highways, but they also increase the risk of an accident for those using the carpool lane. According to NBC News, there is an 11%-56% increase of car accidents when an HOV is added to a freeway. This is usually to the drastic change in speed for drivers entering and exiting the HOV lane. For that reason, the most common accidents in an HOV lane are rear-end collisions due to cars entering the lane too quickly or exiting too slowly as they merge with slower traffic.
How Do I Know if I Need a Lawyer for a Car Accident in an HOV Lane
HOV lane accidents are typically handled between the insurance companies of the drivers involved. However, in certain situations, it may be necessary to get a lawyer. Determining whether you need a lawyer after filing a car accident claim with your insurance will depend on a number of factors. For example, if your insurance does not fully cover your damages, it is recommended to consult with a Car Accident Attorney at Maison Law.
If your injuries are minor, such as scrapes and bruises, then you will most likely not need a lawyer. However, if you suffered injuries that caused you to need medical treatment or miss time at work, then our attorneys can ensure you receive full compensation for all of your damages.
An insurance company does not place much value on missed time at work, having to change careers, or the emotional trauma involved in an accident. So, if you feel you’re not receiving adequate compensation, or the insurance is mishandling your claim, our law firm can advocate on your behalf by letting the insurance company know you have a lawyer and are prepared to legally exercise your right to fair compensation.
What if I’m Partially at Fault for an HOV Lane Accident
If you were injured in a car accident in the HOV lane, but believe you were partially at fault, do not worry. California is an at-fault state when it comes to car accidents. This means that even if you are partially at fault for causing the accident, you are still entitled to receive compensation through an insurance claim or by filing a lawsuit. This is a legal action covered by the Comparative Negligence Law, which states:
“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
At Maison Law, we have years of experience managing car accident claims and can minimze your percentage of fault in a car accident, or eliminate it entirely. If you’re unsure about your liability or right to compensation, call, text, or stop by our offices today for a free consultation.
What to Do After an HOV Lane Accident
The steps you take after a car accident in HOV lane will be important to ensuring you and your passengers’ safety, as well as protecting your right to compensation if you decide to take legal action. After a car accident, you should:
- Ensure the safety of you and your passengers: Depending on the situation, this could mean moving your car to the side of the road, or if you are severely injured, it could mean remaining where you are until help arrives. Check yourself for burns, lacerations, or broken bones. Oftentimes, the adrenaline from an accident can mask the pain from major injuries.
- Call the Police: The police will file an accident report and take down the names of everyone involved, as well as assign fault based on the evidence in front of them. A police report will serve as evidence if you need to back up your claims later.
- Document the incident: Take photos or film the aftermath of the bus accident. Film yourself recounting the details of the incident and describe the pain you’re in. It is best to capture how the accident played out while the memory is still fresh in your mind.
- Gather witness statements and driver information: Film or record witnesses willing to give a statement about the accident. Take down their names and phone numbers. Take a picture of the other driver’s license and license plate number. Take down the contact information. All of this information will help support your claim and assist your attorney in building your case if you end up taking legal action.
- Do NOT admit fault: Don’t admit fault even if you feel you may have caused the accident. Allow the police to conduct their investigation and determine fault.
- Get Medical Attention: Even if you feel fine, it is important to get checked out by a doctor or go to a hospital. Certain injuries can lie dormant and manifest themselves hours, or even days later.
- Notify your insurance of the accident: Notifying your insurance of the accident is typically a part of any auto insurance policy. Failing to report accident can result in a dismissal of your policy agreement, depending on the contract you signed with your insurance company.
- Contact Maison Law: If you consult with one of our attorneys after a car accident in Fremont, we can manage your claim and ensure you are taking the proper legal actions to receive compensation and protect yourself from liability.
Contact Maison Law | California Car Accident Lawyers
If you or a loved one has been involved in a car accident in the HOV lane in California, Maison Law can help. Our team of experienced accident attorneys will aggressively pursue liable parties for the full extent of your damages. Even though we’ve helped thousands of injured victims receive a fair settlement after a car accident, we treat each client with a custom legal plan that best fits their situation. If you were partially at fault for the accident, then we will work to reduce your liability or eliminate it entirely.
Don’t wait until it’s too late to take legal action. Get started today by contacting us for a free consultation and case evaluation.
