Car Accidents in Los Angeles: Tips from a Los Angeles Personal Injury Lawyer
June 1st, 2010 | 
Author: State Approved Lawyer, Attorney Referral Hotline 661-310-7999. Los Angeles Lawyers, Attorneys, Law Firms asked:
If I have an auto accident, do I have to stop?
Yes. California law says you must stop—whether the accident involves a pedestrian, a moving car, a parked car or someone’s property. If you drive away, you can be charged with hit and run even if the accident was not your fault.
You must also exchange information with the other driver—your name and driver’s license number, the vehicle identification number of the car you are driving, the name and address of the car’s owner, the name and address of your insurance company and your insurance policy number (or other evidence of financial responsibility, such as a bond posted with the Department of Motor Vehicles).
Hit-and-run penalties are severe. Depending on the damage or injuries, you may be fined, sent to jail or both. You also could lose your driver’s license.
If you hit a parked car or other property, try to find the owner or driver. If you cannot, the law says you may drive away only after you leave behind, in a conspicuous place, your name, address and an explanation of the accident, and the name and address of your car’s owner (if other than yourself).
You also must notify the local police or California Highway Patrol (CHP) either by telephone or in person as soon as possible.
You must call the police or the CHP if the accident caused a death or injury. An officer who comes to the scene of the accident will conduct an investigation. If an officer doesn’t show up, you must make a written report on a form available at the police department or CHP office as soon as possible.
What should I do if someone is injured?
The law requires you to give reasonable assistance to anyone who is injured. For example, you may need to call an ambulance, take the injured person to a doctor or hospital, or give first aid—if you know how.
If you are not trained in the appropriate first aid procedures, do not move someone who is badly hurt; you might make the injury worse. However, you should move someone who is in danger of being hurt worse or killed (for example, in a car fire) even if you do make the injury worse.
To help prevent additional collisions, try to warn other motorists that an accident has occurred. Placing flares on the road (only if there are no flammable fluids or items nearby), turning on your car’s hazard lights and lifting the engine hood are usually good ways to warn others on the road. Arrange to get help for anyone who is injured, and try not to panic.
How can I get help?
As soon as you can get to a telephone, call 911. Explain the situation and give the exact location of the accident, so that help can arrive quickly. Be sure to mention whether you need an ambulance or a fire engine.
Remain on the telephone until the operator tells you it is okay to hang up. Or, flag down a passing car and ask the driver to go for help. The driver may have a cellular phone in the car and can make an emergency call on the spot.
What information should I gather at the accident scene?
Since many records now are confidential under the law, you may not be able to obtain the information that you want from the Department of Motor Vehicles (DMV). So be sure to get as much correct and complete information as you can at the scene of the accident.
You and the other driver should show each other your driver’s licenses and vehicle registrations. Then you should write down:
The other driver’s name, address, date of birth, telephone number, driver’s license number and expiration date, and insurance company.
The other car’s make, year, model, license plate number and expiration date, and vehicle identification number.
The names, addresses, telephone numbers and insurance companies of the other car’s legal and registered owners—if the driver does not own the car.
The names, addresses, dates of birth, driver’s license numbers and telephone numbers of any passengers in the other car.
The names, addresses and telephone numbers of any witnesses to the accident. Ask them to stay to talk to the CHP or police. If they insist on leaving, ask them to tell you what they saw and write everything down.
Try to identify people at the accident scene, even if they will not give their names. For example, if someone who saw the accident drives off, take down his or her license plate number. Law enforcement officials can trace the owner’s name and address.
The name and badge number of the law officer who comes to the accident scene. Ask the officer where and when you can get a copy of any accident report.
A simple diagram of the accident. Draw the positions of both cars before, during and after the accident.
If there are skid marks on the road, pace them off. Draw them on the diagram, noting the distance they cover. Mark the positions of any crosswalks, stop signs, traffic lights or streetlights. If you have a camera with you, take pictures of the scene, and of the other drivers and occupants.
However, do not place yourself in a position of danger in order to complete an accident diagram. Be aware of traffic conditions and skip any measurements that could place you in a position of harm.
Make notes, too, on weather and road conditions.
If the accident happened after dark, note whether the streetlights were on. Estimate your speed and that of the other vehicle. Be sure to record the exact time, date and place the accident happened.
If I think the accident was my fault, should I say so?
Do not volunteer any information about who was to blame for the accident. You may think you are in the wrong and then learn that the other driver is as much or more to blame than you are. You should first talk to your insurance agent, your lawyer or both. Anything you say to the police or the other driver can be used against you later.
Do not agree to pay for damages or sign any paper except a traffic ticket (see #6) until you check with your insurance company or lawyer.
However, be sure to cooperate with the police officer investigating the case. But, stick to the facts.
For instance, if you were driving 30 miles an hour, say so. Do not say, “I wasn’t speeding.”
If I have an auto accident, do I have to stop?
Yes. California law says you must stop—whether the accident involves a pedestrian, a moving car, a parked car or someone’s property. If you drive away, you can be charged with hit and run even if the accident was not your fault.
You must also exchange information with the other driver—your name and driver’s license number, the vehicle identification number of the car you are driving, the name and address of the car’s owner, the name and address of your insurance company and your insurance policy number (or other evidence of financial responsibility, such as a bond posted with the Department of Motor Vehicles).
Hit-and-run penalties are severe. Depending on the damage or injuries, you may be fined, sent to jail or both. You also could lose your driver’s license.
If you hit a parked car or other property, try to find the owner or driver. If you cannot, the law says you may drive away only after you leave behind, in a conspicuous place, your name, address and an explanation of the accident, and the name and address of your car’s owner (if other than yourself).
You also must notify the local police or California Highway Patrol (CHP) either by telephone or in person as soon as possible.
You must call the police or the CHP if the accident caused a death or injury. An officer who comes to the scene of the accident will conduct an investigation. If an officer doesn’t show up, you must make a written report on a form available at the police department or CHP office as soon as possible.
What should I do if someone is injured?
The law requires you to give reasonable assistance to anyone who is injured. For example, you may need to call an ambulance, take the injured person to a doctor or hospital, or give first aid—if you know how.
If you are not trained in the appropriate first aid procedures, do not move someone who is badly hurt; you might make the injury worse. However, you should move someone who is in danger of being hurt worse or killed (for example, in a car fire) even if you do make the injury worse.
To help prevent additional collisions, try to warn other motorists that an accident has occurred. Placing flares on the road (only if there are no flammable fluids or items nearby), turning on your car’s hazard lights and lifting the engine hood are usually good ways to warn others on the road. Arrange to get help for anyone who is injured, and try not to panic.
How can I get help?
As soon as you can get to a telephone, call 911. Explain the situation and give the exact location of the accident, so that help can arrive quickly. Be sure to mention whether you need an ambulance or a fire engine.
Remain on the telephone until the operator tells you it is okay to hang up. Or, flag down a passing car and ask the driver to go for help. The driver may have a cellular phone in the car and can make an emergency call on the spot.
What information should I gather at the accident scene?
Since many records now are confidential under the law, you may not be able to obtain the information that you want from the Department of Motor Vehicles (DMV). So be sure to get as much correct and complete information as you can at the scene of the accident.
You and the other driver should show each other your driver’s licenses and vehicle registrations. Then you should write down:
The other driver’s name, address, date of birth, telephone number, driver’s license number and expiration date, and insurance company.
The other car’s make, year, model, license plate number and expiration date, and vehicle identification number.
The names, addresses, telephone numbers and insurance companies of the other car’s legal and registered owners—if the driver does not own the car.
The names, addresses, dates of birth, driver’s license numbers and telephone numbers of any passengers in the other car.
The names, addresses and telephone numbers of any witnesses to the accident. Ask them to stay to talk to the CHP or police. If they insist on leaving, ask them to tell you what they saw and write everything down.
Try to identify people at the accident scene, even if they will not give their names. For example, if someone who saw the accident drives off, take down his or her license plate number. Law enforcement officials can trace the owner’s name and address.
The name and badge number of the law officer who comes to the accident scene. Ask the officer where and when you can get a copy of any accident report.
A simple diagram of the accident. Draw the positions of both cars before, during and after the accident.
If there are skid marks on the road, pace them off. Draw them on the diagram, noting the distance they cover. Mark the positions of any crosswalks, stop signs, traffic lights or streetlights. If you have a camera with you, take pictures of the scene, and of the other drivers and occupants.
However, do not place yourself in a position of danger in order to complete an accident diagram. Be aware of traffic conditions and skip any measurements that could place you in a position of harm.
Make notes, too, on weather and road conditions.
If the accident happened after dark, note whether the streetlights were on. Estimate your speed and that of the other vehicle. Be sure to record the exact time, date and place the accident happened.
If I think the accident was my fault, should I say so?
Do not volunteer any information about who was to blame for the accident. You may think you are in the wrong and then learn that the other driver is as much or more to blame than you are. You should first talk to your insurance agent, your lawyer or both. Anything you say to the police or the other driver can be used against you later.
Do not agree to pay for damages or sign any paper except a traffic ticket (see #6) until you check with your insurance company or lawyer.
However, be sure to cooperate with the police officer investigating the case. But, stick to the facts.
For instance, if you were driving 30 miles an hour, say so. Do not say, “I wasn’t speeding.”
In Need Of A Medical Malpractice Lawyer
Keith George asked:
When an injury occurs to a patient due to improper conduct by a health care provider, it is termed medical malpractice. Medical malpractice lawyers are specialized in this field.
Thousands of deaths and injuries occur every year due to medical malpractice. Medical malpractice is not restricted only to the doctor but by legal definition encompasses nurses, dentists, therapists, radiologists, laboratory technicians, clinics, hospitals etc. There are stringent for curbing medical malpractice.
Numerous lawsuits are filed every year for medical malpractice in the US. The patients or their near ones have the right to claim for economic and non economic damages. Generally claims are made for improper medication, improper surgery, misdiagnosis, negligence etc. The patient can file a claim lawsuit even when the informed consent of the patient is taken. The principle behind these types of claims is that the doctor is not absolved of responsibility even if the consent of the patient is taken.
Medical malpractice cases are complicated for various reasons. The primary reason is that when the patient comes under the care of the health care provider he/she is already ill or injured. Hence it becomes complicated to assess the damage caused by negligent medical care independent of the earlier illness or injury.
Another complication in medical malpractice is that the burden of proof is on the plaintiff (patient or the medical malpractice lawyers). The plaintiff needs to prove three things in court: That the health care provider has failed to provide the patient with adequate and reasonable care.
That this failure to provide reasonable care is the cause of the damage caused to the patient.
Hence it is the liability of the health care provider to pay for the damages.
A further complication that arises is that the plaintiff has to produce expert witness. There are very few doctors willing to testify against a fellow doctor, even in cases of gross negligence. Hence it is vital to hire a good and experienced lawyer, a medical malpractice lawyer. Most law firms take medical malpractice cases on contingent basis and provide expert witness also.
Contingent basis means the law firm gets paid from the damages recovered from the defendant. Most of the medical firms are covered by insurance. Generally the insurance companies shy away from paying damages to the patient but if the patient is represented by an experienced lawyer they are willing for an out of court settlement. This is to avert the risk of a trial and the court may award more penalties.
The courts generally levy two types of penalties on the defendant that are compensatory and punitive penalties. Compensatory penalties are given to make good the damages to the patient. They are of two types of compensatory penalties, economic and non-economic damages.
Economic damages are awarded to compensate for monetary losses like medical care cost, medicines cost, loss of income. The economic damages are awarded for both future and past losses.
Non-economic damages are awarded to compensate for non economic damages like pain, disfigurement, embarrassment, emotional stress etc. Punitive penalties are awarded to punish the health care provider however they are rarely awarded.
When an injury occurs to a patient due to improper conduct by a health care provider, it is termed medical malpractice. Medical malpractice lawyers are specialized in this field.
Thousands of deaths and injuries occur every year due to medical malpractice. Medical malpractice is not restricted only to the doctor but by legal definition encompasses nurses, dentists, therapists, radiologists, laboratory technicians, clinics, hospitals etc. There are stringent for curbing medical malpractice.
Numerous lawsuits are filed every year for medical malpractice in the US. The patients or their near ones have the right to claim for economic and non economic damages. Generally claims are made for improper medication, improper surgery, misdiagnosis, negligence etc. The patient can file a claim lawsuit even when the informed consent of the patient is taken. The principle behind these types of claims is that the doctor is not absolved of responsibility even if the consent of the patient is taken.
Medical malpractice cases are complicated for various reasons. The primary reason is that when the patient comes under the care of the health care provider he/she is already ill or injured. Hence it becomes complicated to assess the damage caused by negligent medical care independent of the earlier illness or injury.
Another complication in medical malpractice is that the burden of proof is on the plaintiff (patient or the medical malpractice lawyers). The plaintiff needs to prove three things in court: That the health care provider has failed to provide the patient with adequate and reasonable care.
That this failure to provide reasonable care is the cause of the damage caused to the patient.
Hence it is the liability of the health care provider to pay for the damages.
A further complication that arises is that the plaintiff has to produce expert witness. There are very few doctors willing to testify against a fellow doctor, even in cases of gross negligence. Hence it is vital to hire a good and experienced lawyer, a medical malpractice lawyer. Most law firms take medical malpractice cases on contingent basis and provide expert witness also.
Contingent basis means the law firm gets paid from the damages recovered from the defendant. Most of the medical firms are covered by insurance. Generally the insurance companies shy away from paying damages to the patient but if the patient is represented by an experienced lawyer they are willing for an out of court settlement. This is to avert the risk of a trial and the court may award more penalties.
The courts generally levy two types of penalties on the defendant that are compensatory and punitive penalties. Compensatory penalties are given to make good the damages to the patient. They are of two types of compensatory penalties, economic and non-economic damages.
Economic damages are awarded to compensate for monetary losses like medical care cost, medicines cost, loss of income. The economic damages are awarded for both future and past losses.
Non-economic damages are awarded to compensate for non economic damages like pain, disfigurement, embarrassment, emotional stress etc. Punitive penalties are awarded to punish the health care provider however they are rarely awarded.
Mesothelioma Life Expectancy
Lina Smith asked:
Mesothelioma life expectancy at the time of diagnosis will traditionally be announced at being somewhere between a few months to only a year or two. Statistically speaking, mesothelioma life expectancy is frighteningly short. However, the mesothelioma life expectancy rate is a mere average, mean or median of mesothelioma patients with wildly different independent variables. Many of these mesothelioma patients have lived years past their expected “date of death” estimate.
Mesothelioma treatment and mesothelioma treatment options for these patients differed. Physicians for some patients may have been more experienced than physicians for the less fortunate. Not all patients follow through with chemotherapy or cancer treatment plans upon hearing the low mesothelioma life expectancy statistics, and many are not in shape to handle surgery. Others fight to live for just one more day.
Survival stories that can affect mesothelioma life expectancy rates range from the rarer cases of a young woman being “cured” – or having no remittance for decades, to the extremes on the other side, an 80+ year old gentleman with lifetime asbestos exposure, smoking heavily and suffering from numerous pre-existing diseases who dies a month after diagnosis. Others die during surgery. Most mesothelioma patient circumstances are somewhere in between. Many mesothelioma sufferers and their life expectancy statistics go unrecorded. Mesothelioma life expectancy will depend on your individual variables, your medical treatment, and your perseverance and outlook.
Mesothelioma life expectancy diagnosis will always depend on how early or late the disease was discovered. Because mesothelioma has been largely unrecognized in the past, the bulk of mesothelioma life expectancy statistics are mesothelioma patients who were diagnosed late in the disease. A greater awareness of the disease exists in the medical community, and although the majority of physicians do not have experience treating mesothelioma, most are aware of the potential presence of mesothelioma if a patient has been exposed to asbestos, and can refer a potential mesothelioma patient to a specialist.
Early detection and early treatment leads to longer life expectancy. Individuals who have been exposed to asbestos can be pro-active in diagnosing and treating mesothelioma and other asbestos-caused diseases. Patients can monitor their health and mesothelioma symptoms and begin early detection X-ray and CT scan tests. Mesothelioma patients can research mesothelioma treatment options available in clinical trials and discuss these with their physician. A physician can not be aware of every clinical trial that exists, and a mesothelioma patient’s own research could add years on to mesothelioma life expectancy.
Statistics for mesothelioma life expectancy will logically improve rather than become worse. Clinical trials on mesothelioma treatment options are increasing with an urgency to halt the disease. Many clinical trial participants live years past the initial diagnosis due to innovative mesothelioma treatment. Others may have participated in a mesothelioma clinical trial that was not as successful, but their participation has cleared the way to successful mesothelioma treatment for others. Chemotherapy and drug combinations have been proven to lengthen mesothelioma life expectancy. Imaging and radiation technology has made significant advances.
Mesothelioma life expectancy can pass the low mesothelioma life expectancy rates of the past. Nobody in the statistics of mesothelioma has the identical combination of the physical, emotional, and environmental variables that you do. Medicine advances, it does not go backwards. Mesothelioma treatment and mesothelioma treatment options for your early stage or advanced malignant stage mesothelioma will be up to you. There is a strong chance that you can defy mesothelioma life expectancy statistics. Research. Stay alert to new mesothelioma treatment options. And look at yourself, not statistics.
Mesothelioma life expectancy at the time of diagnosis will traditionally be announced at being somewhere between a few months to only a year or two. Statistically speaking, mesothelioma life expectancy is frighteningly short. However, the mesothelioma life expectancy rate is a mere average, mean or median of mesothelioma patients with wildly different independent variables. Many of these mesothelioma patients have lived years past their expected “date of death” estimate.
Mesothelioma treatment and mesothelioma treatment options for these patients differed. Physicians for some patients may have been more experienced than physicians for the less fortunate. Not all patients follow through with chemotherapy or cancer treatment plans upon hearing the low mesothelioma life expectancy statistics, and many are not in shape to handle surgery. Others fight to live for just one more day.
Survival stories that can affect mesothelioma life expectancy rates range from the rarer cases of a young woman being “cured” – or having no remittance for decades, to the extremes on the other side, an 80+ year old gentleman with lifetime asbestos exposure, smoking heavily and suffering from numerous pre-existing diseases who dies a month after diagnosis. Others die during surgery. Most mesothelioma patient circumstances are somewhere in between. Many mesothelioma sufferers and their life expectancy statistics go unrecorded. Mesothelioma life expectancy will depend on your individual variables, your medical treatment, and your perseverance and outlook.
Mesothelioma life expectancy diagnosis will always depend on how early or late the disease was discovered. Because mesothelioma has been largely unrecognized in the past, the bulk of mesothelioma life expectancy statistics are mesothelioma patients who were diagnosed late in the disease. A greater awareness of the disease exists in the medical community, and although the majority of physicians do not have experience treating mesothelioma, most are aware of the potential presence of mesothelioma if a patient has been exposed to asbestos, and can refer a potential mesothelioma patient to a specialist.
Early detection and early treatment leads to longer life expectancy. Individuals who have been exposed to asbestos can be pro-active in diagnosing and treating mesothelioma and other asbestos-caused diseases. Patients can monitor their health and mesothelioma symptoms and begin early detection X-ray and CT scan tests. Mesothelioma patients can research mesothelioma treatment options available in clinical trials and discuss these with their physician. A physician can not be aware of every clinical trial that exists, and a mesothelioma patient’s own research could add years on to mesothelioma life expectancy.
Statistics for mesothelioma life expectancy will logically improve rather than become worse. Clinical trials on mesothelioma treatment options are increasing with an urgency to halt the disease. Many clinical trial participants live years past the initial diagnosis due to innovative mesothelioma treatment. Others may have participated in a mesothelioma clinical trial that was not as successful, but their participation has cleared the way to successful mesothelioma treatment for others. Chemotherapy and drug combinations have been proven to lengthen mesothelioma life expectancy. Imaging and radiation technology has made significant advances.
Mesothelioma life expectancy can pass the low mesothelioma life expectancy rates of the past. Nobody in the statistics of mesothelioma has the identical combination of the physical, emotional, and environmental variables that you do. Medicine advances, it does not go backwards. Mesothelioma treatment and mesothelioma treatment options for your early stage or advanced malignant stage mesothelioma will be up to you. There is a strong chance that you can defy mesothelioma life expectancy statistics. Research. Stay alert to new mesothelioma treatment options. And look at yourself, not statistics.