Sudden Stop Accidents
Drivers throughout California are supposed to drive safely under the surrounding circumstances. All drivers owe a duty to use reasonable care to avoid causing injuries to others. This includes making observations to figure out whether a maneuver may be made safely and giving appropriate signals and warnings. In some cases, emergencies require a sudden stop. If you have been injured as a result of a sudden stop accident, however, the Los Angeles car accident attorneys at Sharifi Firm may be able to help you recover compensation.Assert Your Rights After a Sudden Stop Accident
Drivers may need to come to a sudden stop for any number of reasons. An animal may wander across the road. Traffic may be congested. All drivers are supposed to follow other drivers at a safe distance, given the weather and the traffic conditions, as well as obeying posted speed limits.
Usually, the driver of a vehicle that hits the rear of another car is presumed to have been negligent because drivers are expected to leave enough space that if another vehicle comes to a sudden stop, there is enough time to come to a complete stop. However, there may be situations in which the driver of the leading car that is rear-ended is at fault for a sudden stop accident. For example, if the leading car's brake lights are out, and the driver had failed to take the car for maintenance, the driver may be found at fault. In another situation, a stopping driver may be held liable to their passenger if the passenger was injured because the driver suddenly reverses or because the driver gets a flat tire but fails to pull over or turn on their hazard lights.
California follows the rule of pure comparative fault. This means that a defendant may argue that a plaintiff's own negligence contributed to or caused their own injuries. For example, a defendant driver in a sudden stop accident case may argue that a passenger's failure to fasten their seatbelt caused their injuries. The jury would determine the total damages, as well as the percentage of fault of the plaintiff, and the amount of recovery would be reduced by the plaintiff's percentage of fault.
If you are able to establish the other party's negligence, you probably can recover compensatory damages. These are damages intended to put you back into the position where you were before the accident happened. Damages may be both economic and noneconomic. They often include items of loss such as medical costs, lost income, household or other services, rehabilitation, therapy, pain and suffering, and loss of enjoyment. Damages may vary dramatically depending on the plaintiff's particular situation. For example, if you were a professional dancer and suffered serious soft tissue injuries due to a rear-ending driver's failure to stop in time, your career might be adversely affected. A jury would be likely to award a substantial amount of damages.Consult a Car Accident Attorney in the Los Angeles Area
At Sharifi Firm, APC, our Los Angeles lawyers are ready to help you seek compensation for your injuries after a sudden stop accident. Our firm can evaluate the facts of your situation to determine who was at fault and pursue your case if appropriate. Contact us online or call us at (866) 422-7222 to set up a free consultation with a motor vehicle collision attorney. Our firm also represents injured people in Temecula, Rancho Cucamonga, Glendale, Covina, San Bernardino, and Riverside, as well as other Southern California cities.