Hakakian Law Group | Jul 10 2024 04:46
About the Author
Shawn S. Hakakian, Esq. is the founder of Hakakian Law Group, PC in West Hollywood, CA. A Penn Law graduate and former Gibson Dunn attorney, he is a National Trial Lawyers Top 40 Under 40 honoree, Avvo Clients' Choice Award recipient, and member of CAALA and the Consumer Attorneys of California. CA Bar No. 342841.
If you were hurt in a car accident in Los Angeles, you probably have a lot of questions. You may be dealing with pain, missed work, and bills piling up. That is a stressful place to be, and you deserve clear answers.
This guide covers the most common questions we hear from accident victims across LA. We wrote it in plain language so you can understand your rights without needing a law degree. If you want to talk about your specific situation, call Hakakian Law Group, PC at (310) 759-9663 for a free consultation.
What Types of Auto Accidents Happen in Los Angeles?
Los Angeles sees every kind of car accident you can imagine. Busy freeways, rideshare traffic, cyclists, and pedestrians all share the road. Each type of accident follows different legal rules in California, so the kind of crash you were in matters a lot for your case.
Rideshare Accidents (Uber & Lyft)
Rideshare accidents are tricky because the insurance that covers you depends on what the driver was doing at the exact moment of the crash. California law breaks this into three phases, and each phase has very different coverage limits.
Phase 1: App is off. If the rideshare driver's app was turned off, Uber and Lyft provide zero coverage. The driver's personal car insurance is the only option.
Phase 2: App is on, waiting for a ride request. Under California SB 371 (passed in late 2025), rideshare companies now carry $50,000 per person and $100,000 per incident in coverage during this phase. This is much less than Phase 3 coverage.
Phase 3: Ride accepted or passenger in the car. Once a ride is matched or a passenger is on board, Prop 22 requires rideshare companies to carry $1 million in liability coverage. This covers medical bills, lost income, and other accident costs.
Figuring out which phase the driver was in at the time of your crash is one of the most important parts of a rideshare accident case. An experienced rideshare accident lawyer in Los Angeles can pull the app data needed to prove the right phase.
Truck Accidents
Truck accidents often cause severe injuries because of the size and weight of commercial vehicles. These cases are more complex than a regular car crash because multiple parties could be responsible.
The truck driver, the trucking company, the company that loaded the cargo, or even the truck manufacturer could all share fault. Federal rules from the FMCSA (Federal Motor Carrier Safety Administration) set strict standards for things like how many hours a driver can work, weight limits, and maintenance schedules.
If a trucking company broke any of these federal rules, that violation can be strong evidence in your case. A truck accident lawyer in California will know how to investigate these records before the trucking company has a chance to destroy them.
Motorcycle Accidents
California is the only state where lane splitting (riding between lanes of slow or stopped traffic) is legal. Vehicle Code §21658.1 allows it, but how safely the rider was splitting lanes can affect how fault is divided.
California also requires all motorcycle riders to wear a DOT-approved helmet. If you were not wearing a helmet, insurance companies will try to use that against you to reduce your compensation.
Common motorcycle accidents in LA include left-turn collisions, rear-end crashes, and lane-change accidents. Because riders have less protection than people in cars, injuries tend to be more serious.
Pedestrian Accidents
Under California Vehicle Code §21950, drivers must yield to pedestrians in marked crosswalks and at intersections. If a driver failed to yield and hit you, they are likely at fault.
Common spots for pedestrian accidents in LA include busy intersections, crosswalks near schools, and parking lot exits. Even if you were crossing outside a crosswalk (jaywalking), you may still be able to recover money for your injuries. California's comparative negligence rule (explained below) means your award gets reduced by your share of fault, but it does not get wiped out completely.
Hit and Run Accidents
If someone hit you and drove away, you are not out of options. The main way to get compensation in a hit and run case is through your own Uninsured Motorist (UM) coverage. UM coverage is a part of your own car insurance policy that pays you when the at-fault driver has no insurance or cannot be found.
Under California Insurance Code, there are conditions for making a UM claim in a hit and run. Typically, you need to show there was physical contact with the fleeing vehicle, or you need a witness who can back up your account of the crash.
If the driver is later found, you can also file a lawsuit directly against them. A hit and run attorney in Los Angeles can help you move quickly to preserve evidence and file the right claims.
Drunk Driving Accidents
If a drunk driver caused your accident, you can sue them for your medical bills, lost wages, and pain and suffering, just like any other accident case. But drunk driving cases have one major advantage: you may also be able to get punitive damages.
Punitive damages are extra money a court awards to punish the drunk driver for reckless behavior. These are not available in regular car accident cases. They are reserved for situations where the at-fault person acted with serious disregard for the safety of others, and driving drunk qualifies.
A criminal DUI conviction makes your civil case stronger, but you do not need to wait for the criminal case to finish before filing your own claim. A drunk driving accident lawyer in Los Angeles can handle the civil side while the criminal case moves forward separately.
How Does Fault Work in California Car Accidents?
California follows a rule called pure comparative negligence under CCP §1714. Here is what that means in plain language: even if you were partly at fault for the accident, you can still get money for your injuries.
Your compensation gets reduced by your percentage of fault. For example, if a jury says your total damages are $100,000 but you were 20% at fault, you would receive $80,000. The 20% gets subtracted from your award.
This rule is more generous than what many other states allow. Some states cut you off entirely if you are 50% or 51% at fault. In California, you can recover even if you were 99% at fault (you would just receive 1% of the total). This makes it worth talking to a lawyer even if you think you may share some of the blame.
Who Can Be Held Liable After a Car Accident in Los Angeles?
You might be able to hold more than one person or company responsible after an accident. The most common parties include:
-
The other driver. If they were speeding, texting, running a red light, or driving recklessly, they are likely at fault.
-
A vehicle manufacturer. If a defective part (like faulty brakes or a bad tire) caused or worsened the crash, the company that made that part could be liable.
-
A government entity. If a dangerous road condition (like a missing stop sign, broken traffic light, or large pothole) contributed to your accident, the city or county that maintains the road may share responsibility. Claims against government entities in California have shorter deadlines, so acting quickly matters.
-
An employer. If the driver who hit you was working at the time (making deliveries, driving between job sites), their employer may also be responsible.
Identifying all responsible parties increases the total insurance coverage available to pay your claim. An auto accident lawyer in Los Angeles will investigate the full picture.
How Do I Get Compensation After an Auto Accident in California?
There are two main paths to getting paid after an accident: settling or going to court.
Settlement
Most car accident cases in California end in a settlement, not a trial. A settlement means you and the insurance company agree on a dollar amount, and you get paid without going in front of a judge or jury.
Settlements are usually faster. You and your attorney control the negotiation, and you can accept or reject any offer. The downside is that the insurance company will try to lowball you, so having an attorney who knows what your case is truly worth makes a big difference.
Going to Court
If the insurance company refuses to offer a fair amount, filing a lawsuit is the next step. Going to court can result in a higher award, but it takes longer and the outcome is never guaranteed.
A jury decides how much you receive, and the process can take months or even years. Your attorney will advise you on whether going to court makes sense based on the strength of your case and the insurance company's behavior.
How Much Can I Get from a Car Accident Settlement in California?
There is no single answer because every case is different. Moderate injury cases (like soft tissue injuries, minor fractures, or whiplash) typically settle in the range of $20,000 to $50,000. Serious or catastrophic injuries (spinal cord damage, traumatic brain injury, permanent disability) can result in settlements well over $1 million.
The main factors that drive your settlement amount include: how bad your injuries are, your total medical bills (past and future), how much work you missed, your level of pain and suffering, and what percentage of fault is assigned to you.
Here is something important about California specifically: there are no caps on compensatory damages in personal injury cases. Some states limit how much you can receive for pain and suffering, but California does not. Your comparative fault percentage will reduce your award, but there is no artificial ceiling on what a jury can give you.
Should I Release Medical Records to the Other Driver's Insurance?
Be very careful here. The other driver's insurance company may ask you to sign a broad release for all of your medical records. You should not do this without talking to a lawyer first.
They only need records that relate to the injuries from the accident. If you sign a blanket release, they can dig through your entire medical history looking for pre-existing conditions to use against you. They will argue that your back pain or neck injury existed before the accident, even if it did not.
Let your attorney handle this request. They will make sure only the relevant records are shared.
What Should I Do After a Car Accident in Los Angeles?
-
Call 911. Report the accident and get police and paramedics to the scene. A police report creates an official record of what happened.
-
Get medical care. Go to the emergency room or see a doctor as soon as possible, even if you feel okay. Some injuries do not show symptoms right away.
-
Exchange information. Get the other driver's name, phone number, insurance details, and license plate number.
-
Gather evidence. Use your phone to take photos of the damage to all vehicles, the road, traffic signs, skid marks, and your injuries.
-
Get witness contact info. If anyone saw the accident, ask for their name and phone number. Witnesses can be very helpful later.
-
Talk to an attorney. Before you give a recorded statement or accept any offer from an insurance company, consult with a car accident attorney. You need someone in your corner who understands the process.
What Should I NOT Do After a Car Accident in Los Angeles?
-
Do not leave the scene. Leaving the scene of an accident is a crime in California, even if the damage seems minor.
-
Do not skip calling 911. You need a police report. Without one, it is much harder to prove what happened.
-
Do not admit fault. Saying "I'm sorry" or "it was my fault" at the scene can be used against you. Stick to the facts when you talk to police.
-
Do not give recorded statements to the other driver's insurance. They are not on your side. Anything you say can be twisted to lower your payout.
-
Do not assume you are fine. Adrenaline can mask serious injuries. Many accident victims feel okay at the scene but develop symptoms hours or days later.
If I Don't Feel Hurt, Do I Still Need to See a Doctor?
Yes. See a doctor within 24 to 72 hours of your accident, even if you feel completely fine. Injuries like whiplash, concussions, and internal bleeding often have delayed symptoms that do not appear until days after the crash.
Seeing a doctor right away creates a medical record that links your injuries to the accident. If you wait weeks to seek treatment, the insurance company will argue that your injuries were not caused by the crash or are not that serious.
Your health comes first. Getting checked out protects both your body and your legal rights.
How Much Does a Car Accident Attorney in California Cost?
At Hakakian Law Group, you pay nothing upfront. We work on a contingency fee basis. That means we only get paid if we win money for you.
Our fee comes as a percentage of the money we recover on your behalf. If we do not get you a settlement or court award, you owe us nothing. There is no bill, no hourly rate, and no financial risk to you for picking up the phone and calling.
This model exists because we believe accident victims should have access to strong legal representation, regardless of their bank account. You are already dealing with medical bills and lost wages. Paying a lawyer out of pocket should not be another worry.
Contact a Los Angeles Auto Accident Lawyer
If you were hurt in any type of car accident in Los Angeles, the team at Hakakian Law Group, PC is here to help. Attorney Shawn S. Hakakian and our staff treat every client like family, because we know how overwhelming this process can feel.
You have 2 years from the date of your accident to file a personal injury claim in California under CCP §335.1. Waiting too long means losing your right to compensation forever.
Call us today at (310) 759-9663 for a free 15-minute consultation. We will listen to your story, answer your questions, and tell you honestly whether we think we can help. There is no pressure and no cost to find out where you stand.
Disclaimer: This post is considered attorney advertising and is for informational purposes only. It does not create an attorney-client relationship. Past results do not guarantee future outcomes.
