Aside from rear-end collisions, intersection accidents are the second leading cause of traffic-related injuries and fatalities. Some huge California intersections are infamous for their traffic crashes, injuries, and fatalities. At Maison Law, we represent victims who were injured in intersection accidents along with the families of others who died in such accidents.
Free Consultations For California Intersection Accident Victims
No matter how you are involved in a California intersection accident, you’ll likely be suffering from injuries and other damages. If you have been injured in a California intersection accident, attorney Martin Gasparian of Maison Law is here to help.
Regardless of how careful you were as a pedestrian, you are still at the mercy of negligent drivers. In these situations, serious injuries are likely to occur. And when a negligent driver causes your injuries, our firm will fight for your compensation. To learn more about our process, contact us for a free, no-obligation consultation.
California Intersection Accident Statistics
According to the U.S. Federal Highway Administration, about 50% of all motor vehicle accidents involving injuries and fatalities occur at or near intersections. About 46% of those accidents occur because a driver fails to notice a stop sign or traffic light. California intersection accident statistics are consistent with those numbers.
Some common causes of intersection accidents include:
- Distracted driving
- Failing to yield the right-of-way when making turns
- Driving under the influence of alcohol, drugs or a combination of the two
- Unfamiliarity with an area and simple poor judgment of speed and distance
In most cases, the cause of an intersection accident will likely be one of the above situations. While every accident is different, circumstances are important. Depending on the severity of your injuries, you may need more extensive compensation. And how much compensation you get depends on how liable the other driver was-or how liable you were during the accident.
How Is Fault Determined in a California Intersection Accident?
When you’ve been in an accident at an intersection, whether it be in a crosswalk or a sidewalk, there is usually a clear procedure for establishing fault. A vast majority of the time, the driver that struck you with their car is at fault because they are required by law to yield to pedestrians using a crosswalk.
Still, as the injured party, you will have to show that the driver was negligent in operating their vehicle when they hit you. Negligence requires the following elements:
- The driver that caused the accident has the duty to avoid causing an injury.
- The driver breached their duty of care by causing the accident.
- When the driver breached their duty, it caused the accident.
- The injuries and losses suffered (damages) were the direct result of the driver’s actions.
Whenever they get behind the wheel of a car, every driver automatically has a legal duty to drive in a way that doesn’t cause an accident, usually defined as a “reasonable manner.” The legal standard for this is how a “reasonable” person would operate in a similar situation.
Can I Be at Fault in An Intersection Accident?
Although unlikely, there are still instances where you could be at fault in an intersection accident as a pedestrian. Some examples include:
- Not following the traffic lights/signals
- Darting or running out into the street
- Crossing the street while under the influence of alcohol or drugs
Even if found to be at fault, pedestrians in California can still pursue damages because of our state’s “comparative negligence” statute. Comparative negligence means that your recovery is limited to your percentage of fault for the accident. For example, if you were found to have contributed to the accident at 15%, your damages will be reduced by that same percentage.
Common Intersection Accident Injuries
Given common traffic patterns, most intersection accidents involve broadside or head-on collisions. Those types of impacts can result in serious injuries or deaths. Here are some of the more common injuries that are suffered in intersection collisions:
- Traumatic brain and spinal cord injuries.
- Neck injuries with tears to tendons, ligaments and muscles.
- Vertebral disc displacement or herniations at the neck or lower back levels.
- Multiple fractures.
- Damage to internal organs.
- Lacerations with scarring.
- Wrongful death.
- Bruises, scrapes, and sprains
Obviously, if you can show that the driver was at-fault for your injuries, you can pursue damages in a personal injury case. As such, it is extremely important to document your injuries and keep up with your required medical treatments and their related costs. These can all be used to substantiate your claims in your lawsuit.
Compensation Available For California Intersection Accident Victims
Drivers of other cars or their passengers aren’t the only victims of intersection accidents. Motorcyclists, bicyclists and pedestrians use intersections too. What they have in common is the fact that they’re all exposed and unprotected in the event of an accident.
It’s highly likely that the injuries they suffer are going to be more severe too. In any case, people who are injured as a result of the carelessness and negligence of somebody else in an intersection accident are eligible to seek compensation for their injuries and damages. Here are some examples of the types of damages that California law allows those victims to seek compensation for:
- Past and future reasonable and necessary medical bills.
- Past and future reasonable lost earnings.
- Any permanent disfigurement or disability.
- Pain and suffering.
- Loss of enjoyment of life.
- Funeral and burial costs along with other valuable damages in the event of a wrongful death.
A driver who caused an intersection accident can change their story, even if he or she was ticketed. After being injured in an intersection accident by a careless and negligent driver, it’s important for you to protect and preserve your right to compensation by consulting with and retaining a California car accident lawyer who knows how to investigate and prove intersection accident cases.
Contact Experienced California Intersection Accident Lawyers Today
Maison Law has assisted countless accident victims and their families who have suffered injuries or the loss of a loved one in motor vehicle accidents. Contact us here at Maison Law as soon as you can for a free consultation and case evaluation on any intersection accident in California. If we enter into a retainer agreement with you, we’ll begin building your case while you’re healing. Our goal is to maximize the compensation that you deserve.