Failing to Pay Attention While Driving on the Freeway Can Lead to High-Impact Crashes and Resulting Injuries
Everyone knows that failing to pay attention while driving can lead to car accidents. This is especially true when the failure to pay attention is on the freeway or when a vehicle is moving at a high rate of speed. The reason for this is simple. The faster a vehicle is travelling, the less room for error there is. Even a second of inattention, could result in a driver failing to stop a vehicle to avoid a collision.
A vehicle covers 88 feet per second at 60 miles per hour. If a driver does not pay attention for one second and the vehicle in front of him has stopped, the result could be a high impact rear-end accident. These accidents happen frequently on freeways when drivers follow vehicles too closely from behind. This is true even if the following driver is paying attention. Simply put, a driver can be paying attention, but if he or she is following too closely and the vehicle in front of him or her stops, there will be almost no way to avoid the crash. These car accidents are also typical in stop-and-go traffic conditions. However, those car accidents usually result in lower impact collisions as the vehicles are not able to reach top speeds in the short distances that they travel before being forced to stop for traffic again.
A High-Impact Collision Can Cause Severe Injuries
It is well established that car accidents can cause severe injuries. Studies show that even a low to moderate impact crash can cause significant injuries including that of the spine. However, when the crash is at a high rate of speed, drivers and passengers are especially susceptible to injuries due to the significant forces involved. This is made worse when the striking or bullet vehicle is of greater weight or mass then the vehicle being rear-ended.
The Piccuta Law Group was recently retained to represent a woman who was rear-ended at a high rate of speed from behind. As the client was travelling on the freeway, traffic came to an abrupt stop. The client was a passenger in a 2019 Toyota Prius. The Prius she was riding in was able to stop in time to avoid traffic. However, a 2001 Dodge Ram 1500 Pick Up Truck, travelling at 70 miles per hour, failed to. The truck plowed into the Prius at a high rate of speed causing a significant crash.
The client was injured immediately. She was in excruciating pain and went to the emergency room that day where she was diagnosed with broken ribs and a leg injury. The client was unable to sleep for months as a result of her broken ribs and was forced to sleep propped up in a chair in a semi-standing position. The client still experiences problems with her leg.
Due to the large mass of the pick-up truck, a significant amount of force was transferred to the Prius and the client. The client was lucky to survive the accident and walk away alive. The client has hired the Piccuta Law Group to assist her in recovering fair compensation for her pain, suffering and medical expenses.
Rear-End Car Accidents Usually Result in Violations of the California Vehicle Code
Almost without exception, any time a driver causes a rear-end car accident, he or she is guilty of violating California’s Vehicle Code (CVC) sections. Specifically, CVC § 22350 which states: “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.” In addition, that driver has likely violated CVC § 21703, which states that “[t]he driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.”
You Can Still Recover Money for Your Injuries Even if the Person Who Caused the Accident Was Not Cited
Often times law enforcement officers, who arrive at the scene, will not cite the at-fault driver with violating these vehicle code sections. Even if a driver is not cited, this does not mean that he or she is not responsible for paying for the injuries and damages he or she caused. Simply put, the failure to cite the at-fault driver is not determinative of whether or not that driver is responsible in a civil lawsuit.
In short, do not worry if the at-fault driver was not cited. You can still recover for your injuries.
If the at-fault driver is cited, it could be helpful in establishing liability. However, it is not necessary if the at-fault driver admits fault. Even if the at-fault driver does not admit fault, he or she may still be held responsible if there are sufficient witness statements or other evidence that proves how the accident occurred. For example, often times the physical evidence from the crash scene, the vehicles themselves and the crash recording systems (electronic data recorders) proves what actually happened. In short, do not worry if the at-fault driver was not cited. You can still recover for your injuries. However, you should contact an experienced personal injury attorney on how best to do so.
Contact our Monterey Car Accident Attorneys
If you or a loved one was injured in a car accident, contact one of our skilled personal injury attorneys today. A consultation is free and at no cost to you. We do not charge a fee unless we win your case and obtain a recovery. Contact us today to discuss your injury case.
About the author: The content on this page was written by California civil rights lawyer and Monterey personal injury attorney Charles “Tony” Piccuta. Piccuta graduated with honors from Indiana University-Maurer School of Law in Bloomington, Indiana (Ranked Top 35 US News & World Report 2018). Piccuta took and passed the State bars of Arizona, California, Illinois and Nevada (all on the first try). He actively practices throughout California and Arizona. He is a winning trial attorney that regularly handles serious personal injury cases and civil rights lawsuits. He has obtained six and seven figure verdicts in both state and federal court. He has been recognized by Super Lawyers for six years straight. He is AV Rated by Martindale Hubble. He is a member of the Consumer Attorneys of California, American Association for Justice, National Police Accountability Project, Arizona Association of Justice, Maricopa County Bar Association and Scottsdale Bar Association, among other organizations.
Disclaimer: The information on this web site is for informational purposes only and does not constitute legal advice. Reading and relying upon the content on this page does not create an attorney-client relationship. If you are seeking legal advice, you should contact our law firm for a free consultation and to discuss your specific case and issues.