Time to File Motion to Strike California Family Law

A car accident, also referred to as a "traffic collision," or a "motor vehicle accident," occurs when a motor vehicle strikes or collides another vehicle, a stationary object, a pedestrian, or an beast. While some car accidents result only in belongings impairment, others event in astringent injuries or expiry. There are many factors that can contribute to motorcar accidents, and sometimes such accidents have legal consequences. To explore this concept, consider the following car blow definition.

Definition of Car Accident

1. substantive. A collision that occurs when a vehicle collides with another vehicle, a stationary object, a pedestrian, or an creature.

What is a Car Blow

A car blow takes place when a motorcar, truck, or coach, or other motorized vehicle hits another vehicle, person, or object, such as a tree or power pole. Car accidents take serious consequences including holding harm, injury, and decease, all of which are likely to cost someone a lot of money. When an individual causes a car accident in the United States, he may be held liable for damages and injuries acquired past the wreck.

When a person is involved in a car accident in the United States, they may exist held liable for any damages or injuries that occur as a result. Traffic laws vary by jurisdiction, and a driver who causes an accident by violating any of these laws, is commonly adamant to be at-fault for the accident, and held liable for damages.

For example:

Sam is following a slow-moving vehicle downwards a state road. When he has an opportunity to safely pass the vehicle, Sam changes lanes to pass on the left-hand side of the road. As Sam approaches, the other vehicle suddenly swerves left into the oncome land, right in front of Sam, and he slams into the rear of the auto. The elderly couple in the other car have suffered minor injuries, and Sam is worried that he will be liable, as he rear-ended the other car.

Police investigating the blow, however, make up one's mind that the elderly driver swerved to miss a pothole, changing lanes suddenly and without warning. This is considered to be an unsafe lane alter, and is illegal. Therefore, the elderly driver is determined to exist at fault for the blow.

Mutual Causes of Car Accidents

There are virtually an unlimited number of causes of car accidents. Weather and road conditions are a common cause of many car accidents, but many accidents are acquired by failure of a driver to go on his attention to the road, and operation of his vehicle. Understanding the factors that contribute to car accidents tin aid drivers avoid them. Some of the most common causes of automobile accidents include:

• Speeding – Failure to follow the legal speed limit is perhaps 1 of the leading causes of machine accidents that occur within the Usa. Driving faster than what is considered rubber for the road weather is considered speeding, regardless of the posted speed limit.
• Using a Device – Texting or talking while driving, or even playing with a telephone, music player, or GPS device, increases the level of danger on the road, as drivers go distracted. Many states take begun passing laws prohibiting telephone employ while driving, and some have expanded these "prison cell phone laws" to include any distracting activity. These are called "distracted driving laws."
• Driver Fatigue – Driving while extremely tired can lead to falling into a trans-like country, or fifty-fifty falling asleep at the cycle. When a driver nods off or falls comatose, at that place is a very high chance of becoming involved in a car accident.
• Drunk Driving – Driving under the influence of drugs or alcohol is dangerous, and oftentimes fatal. Drinking and driving, increases the probability of causing a car blow is increased by 900% over other drivers.
• Defective Machine Parts – When a office on a vehicle is defective or goes bad, it can cause the vehicle to operate in an unsafe way. Mutual defects include brake bug, defects in tires, lacking air bags, top-heavy design, and more than. When an accident does occur, defective safety features tin can increase the take a chance of serious injury or death.
• Rubbernecking – Drivers looking at things forth the roadway, such equally sunsets, traffic accidents, flashy billboards, and other things, are distracted, and unremarkably cause accidents.
• Poor Weather Conditions – Weather weather that get out the roadway wet or icy, or reduce visibility, pose a danger to vehicles on the road, and require drivers to pay extra attending, and to ho-hum downwardly. High winds, blowing dust, fog, and torrential downpours are common causes of accidents.

Liability for a Car Accident

Liability for a automobile blow is determined by many factors, including the specific circumstances that led to the accident, and whether 1 of the drivers violated whatsoever traffic laws. For instance, if John is speeding or runs a red calorie-free and strikes Mary'due south car due to his negligence, he is likely to be found liable for the damages or injuries that occur.

Some states use the concept of comparative negligence. This is a arrangement in which both parties to an blow are considered to accept been at least partially at fault, and the court assigns each party a percentage of error. The drivers would so exist liable for a pct of the total damages, equal to the percentage of fault assigned.

For example:

Jacob is speeding on his fashion to work, going 50 mpg in a 30 mph speed zone. Richard runs a stop sign merely equally Jacob sails through the intersection, and the two cars collide. In court, as both parties are attempting to collect damages for repairs to their vehicles, and medical bills, the court determines that Jacob is 40 percent at fault, and Richard 60 pct at error for the standoff. The court also determines there are full losses in the corporeality of $x,000. Jacob would be responsible for $iv,000, and Richard for $six,000. In one case Jacob's amount is taken into consideration, Richard owes Jacob $2,000.

Penalties for Motorcar Accidents

A driver who causes a automobile blow may face civil and criminal penalties, depending on the circumstances. Accidents caused by a driver'southward negligence, such every bit failing to wait before backing out of a parking stall, reaching for something that roughshod off the seat, or declining to reduce speed when the route is moisture, normally subject the commuter to civil penalties, when the other commuter files a civil lawsuit.

A commuter who causes an accident past breaking certain traffic laws, or when driving under the influence, may face criminal charges. Penalties for confidence of criminal charges may include arrest, fines, jail or prison house time, and a suspended license. If another person dies as a result of the accident, the accused driver may be charged with vehicular manslaughter, or involuntary manslaughter, which carry harsher penalties.

In addition to criminal prosecution, such a driver will likely face a civil lawsuit as well. The victim of a car accident tin can file a civil lawsuit seeking damages for loss of property, injuries, loss of earnings, and more. If the victim died equally a result of the accident, his family unit can file a ceremonious lawsuit for wrongful expiry. This allows a surviving family fellow member sue the at-fault driver to receive compensation.

What to Practise After a Car Accident

Information technology is not uncommon for a driver in a car accident to panic, or not know what to do. When injuries occur, emotions run high, and the people involved often forget to take important steps. It is vital for drivers to know what to practice subsequently a car accident, to prevent further injuries, and to avoid breaking the law. After a motorcar accident, all drivers involved should practise the following:

1. Remain at the Scene – all drivers involved in a car blow should remain at the scene until police say it'southward ok to leave. In some jurisdictions, police do not respond to car accidents in which nobody is injured, so drivers are required to pull over to a condom place, commutation insurance and contact information, and go their ways. Leaving the scene of a motor vehicle accident without exchanging information is a crime.
2. Bank check for Injuries – check to exist sure everyone involved is uninjured. If anyone is injured, call 9-1-1 for help. Exercise non movement injured parties, as this may crusade more than injuries. One time the police exercise arrive, enquire to file a police report in case the insurance companies or the courts need it.
3. Collect Information – all drivers should assemble the names, addresses, phone numbers, and insurance information from all other drivers involved. It is also a good idea to take a picture of the other driver's license, and license plate. Additionally, it is a good idea to gather contact information from witnesses to the accident.
4. Take Photos – once anybody is safe, it is a good idea to take pictures of all vehicles involved, as well as the area where the accident occurred. Emergency authorities in near jurisdictions adopt that, if there are no injuries, the drivers move the vehicles to a safe place nearby, such as a broad shoulder or a parking lot.
5. Make an Insurance Report – as soon as possible after the blow, all drivers should notify their insurance companies of the accident. The insurance visitor will inform their insured of the next steps to follow.
6. Get together Bills and Repair Estimates – it is important to go on track of expenses related to holding amercement and injuries caused past the accident. This includes obtaining medical bills, written estimates or receipts for impairment repair, and other documentation.
7. Obtain Counsel – in some cases, especially if there are injuries or a bully deal of property damage, the hiring of an experienced attorney is recommended. This is especially truthful if a driver faces criminal charges related to the accident.

Car Accident Statistics

Automobile accidents are a mutual occurrence, bookkeeping for over $230 billion in losses every year in the U.S. A number of agencies and organizations runway car accident statistics, using the data to help prevent accidents, and to improve safety of drivers and passengers involved in accidents, through improvements to automobiles and roads.

According to a 2014 study by the Clan for Safe International Road Travel:

• Over 37,000 people in the U.S. die in car accidents each year. This averages out to about 101 fatalities per solar day.
• Each year, an additional two.35 million people are seriously injured or disabled as the result of automobile accidents. This averages out to most 5,500 per day.
• Motorcar crashes are the single most common cause of decease among healthy U.S. citizens.
• Over ane,600 children nether the historic period of 15 die each year in automobile accidents in the United States.

Fire Chief Using Cell Telephone Causes Fatal Accident

In 2012, San Bernardino County, California, fire chief, Timothy McClelland, was driving along the highway when he struck another vehicle from backside, killing its driver, Gregory Kirwin. Witnesses reported to police that the defendant was texting while driving, though he argued that this was not truthful. He claimed that he was looking to modify lanes and saw debris in the road. He was unable to movement past the debris and rear-concluded Kirwin. McClelland was charged with misdemeanor vehicular manslaughter and gross negligence.

A guardian advertising litem attorney filed a wrongful death lawsuit on behalf of the victim's daughters, who were ages four and seven at the time of the blow. Because McClelland was in a state-endemic vehicle, the state of California was named in the lawsuit, and the legislature canonical a $15 million settlement to be paid from the state's reserve funds, placed into a trust for the two young girls.

The criminal charges against McClelland arose afterwards the ceremonious settlement. According to California laws, a plaintiff tin can choose to have a ceremonious settlement satisfy misdemeanor charges. The guardian ad litem, as representative plaintiff for the girls, agreed to this and the judgment replaced the criminal charges. The victim's sister, however, disputed this. She claimed that the girls were too immature to approve of the dismissal of charges, and that money is not an adequate penalty, especially as information technology was paid by the land, not the man who acquired the blow. Every bit of October 2015, the charges are still pending.

Related Legal Terms and Problems

• Ceremonious Lawsuit – A lawsuit brought about in court when ane person claims to have suffered a loss due to the deportment of another person.
• Criminal Charges – A formal allegation by a prosecuting authority that an private has committed a criminal offence.
• Guardian advertizing Litem – A legal guardian appointed by the court to represent the interests of a kid or incompetent adult in a legal activity.
• Jurisdiction – The legal authority to hear legal cases and make judgments; the geographical region of potency to enforce justice.
• Liable – Responsible by law; to be held legally answerable for an human activity or omission.
• Monetary Damages – Money ordered by the court to be paid to an individual or entity as compensation for injury or loss caused by the wrongful carry of another party.
• Victim – A person who is injured, killed, or otherwise harmed as a result of a criminal human action, accident, or other event.
• Wrongful Expiry – The death of an individual caused by the willful or negligent actions of another person.

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Source: https://legaldictionary.net/car-accident/

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