California Driveway Accidents
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When Driveway Accidents Strike, We Fight For Your Rights.
Often overlooked, driveway accidents are incidents that can cause serious injuries, property damage, and even fatalities. Personal injury claims involving driveway accidents present unique challenges due to questions of property liability, driver responsibility, and insurance coverage. You’ll need help from skilled personal injury attorneys at Arash Law to navigate the claims process successfully.
Insurance companies often approach accident victims quickly with settlement offers that may seem reasonable at first glance. However, these initial offers typically fall far short of covering all your accident-related expenses, ongoing medical needs, and non-economic damages like pain and suffering. Call us at (888) 488-1391 for a free consultation. Led by Arash Khorsandi, Esq., our experienced driveway accident lawyers will fight to secure fair compensation for your injuries, property damage, and other losses.
Arash Law, one of the biggest personal injury law firms in California, assists accident victims and their families in obtaining the resources they need to start over after a catastrophic incident. We’ve won over $750 million for injured victims. Reach out to us today to discuss your next step forward.
How Injury Lawyers Can Help With Driveway Accidents
One key issue in personal injury cases involving driveway accidents is disputes with insurance companies. They often take advantage of California’s pure comparative negligence system to minimize payouts by arguing you were partially responsible due to distractions or safety violations.
Without legal representation, these tactics can severely reduce your compensation or lead to a denied claim. Our experienced attorneys know these strategies and will work to ensure you receive fair compensation.
Having skilled lawyers handle your driveway accident case offers the following benefits:
- Legal Expertise — Personal injury claims involving driveway accidents require specialized knowledge of premises liability, vehicle insurance policies, and applicable negligence laws. Our extensive experience handling similar cases allows us to anticipate challenges, identify all potentially liable parties, and develop strategies tailored to your situation. We’ll guide you through each step of the legal process with confidence and clarity.
- Proving Liability — Your lawyer will thoroughly investigate the accident by:
- Gathering evidence and interviewing witnesses.
- Reviewing medical records.
- Assessing damages and losses.
- Demonstrating the other driver’s negligence to establish liability.
- Meeting Legal Deadlines — Victims typically have two years from the accident date to file a lawsuit. Hiring a lawyer from the get-go ensures:
- Timely investigations.
- Preservation of critical evidence.
- Compliance with all legal deadlines to avoid case dismissal.
- Maximizing Compensation — Lawyers are skilled negotiators who work diligently to secure the maximum compensation for your injuries, damages, and losses. They effectively communicate with insurance companies and other parties to reach a fair settlement.
- Demanding Compensation — If negotiations fail, your lawyer will prepare a detailed demand letter outlining medical bills, lost wages (if any), and other relevant expenses.
If necessary, your lawyer will present your case in court. They will advocate for your rights in front of a judge or jury.
Why Hire Arash Law’s Injury Attorneys For Your Driveway Accident Claim
While securing maximum financial compensation is our primary objective, we understand that recovery involves more than just monetary damages. Our driveway accident attorneys provide comprehensive support throughout your case, addressing your medical needs, emotional well-being, and long-term recovery goals. When you sign with one of our lawyers, they will ensure:
- A Thorough Investigation — Our attorneys diligently work with private investigators, accident reconstructionists, and safety experts specializing in residential property accidents to investigate your driveway incident thoroughly. We document visibility issues, property layout concerns, vehicle blind spots, and other critical factors contributing to your accident. Furthermore, we secure police reports, CCTV footage, the victim’s medical data, and other key evidence to establish the other party’s negligence.
- Timely Updates On Your Claim — Many clients have commended our lawyers for their attention and commitment to every case they handle. Throughout your case, we maintain open lines of communication and keep you informed at every stage.
- Medical Treatment For Your Injuries — We have access to the top physicians in the state. Our team can help you get the highest-quality care available. We can set you up with the best treatment based on your doctor’s recommendations, ensuring you get the required attention.
- Payment For Property Damage — Our firm insists on a fair resolution, recognizing the value of each case. We also include property damage in evaluating your claim, covering any damage to your vehicle or other personal property.
- A No Win, No Fee Guarantee — Our law firm operates on a contingency basis. We do not get paid unless we win your case, so you can get the help you need without worrying about how you will pay for it.
Our Wins And Accomplishments Speak For Themselves
The legal industry recognizes the attorneys at Arash Law for their accomplishments and case wins. Many of our attorneys are members of prestigious legal organizations at the forefront of justice.
At our California injury law firm, we want to ensure our clients get what they’re entitled to and the defendants face real accountability. We’ve recovered over $750 million for clients injured in serious accidents. Some of our most notable case results include:
- $6,000,000 — Our client lost his wife, a loving mother to their son, in a head-on collision caused by a negligent driver. The attorneys representing the at-fault driver attempted to dispute their client’s liability. However, our attorneys fought hard until the truth prevailed.
- $5,250,000 — The attorneys on the case were able to bring a worker’s compensation claim for our client in addition to a personal injury claim against a distracted driver, obtaining the maximum compensation for our deserving client.
- $4,100,000 — Our client suffered orthopedic injuries in a left-turn crash. The defense offered unfair settlement amounts for many years, but our car accident lawyers remained steadfast in their goal. In the end, we secured the policy limits for our client.
- $2,500,000 — While parked on the side of the road, our client got hit by a speeding driver. We initially settled for the defendant’s policy limits but pushed for a higher settlement when the defense failed to pay the amount on time.
- $2,200,000 — Our client sustained severe injuries requiring extensive surgeries. We were gearing up for trial after two mediations. Relentlessly pursuing fair compensation for our client, we secured a considerable settlement at the last minute.
$2,000,000.00
Suarez v. Premium Packing (settled on 9/26/2023) – Settlement involving a man who sustained multiple orthopedic injures and a mild traumatic brain injury when he was run over by a food truck.– TINA ESHGHIEH
Frequently Asked Questions About Driveway Accidents
It’s natural to have questions after an accident. Our attorneys have compiled the most frequently asked questions concerning driveway accidents and answered them individually. If you have questions or concerns about your case, call us at (888) 488-1391 to get free accident lawyer advice.
How Much Does It Cost To Hire A Lawyer Experienced In Driveway Accidents?
Most personal injury law firms in California work on a contingency basis, meaning they only get paid if they win your case. This arrangement eliminates any financial risk for accident victims as there are no upfront legal costs.
Contingency fees typically range between 30% and 40% of the recovery, depending on the agreement between the client and attorney. These rates must be clearly outlined in a written agreement, and California imposes no caps, allowing attorneys to adjust their fees based on the complexity of the case.
These costs cover various essential services and expenses, including:
- The attorney’s knowledge and skills are crucial for navigating the complexities of your claim, interpreting relevant laws, devising effective strategies, and their investigation and negotiation efforts.
- Office overhead, staff salaries, and the routine expenses necessary to keep a legal practice running smoothly.
- Expenses associated with filing lawsuits, making court appearances, and handling other legal fees throughout the case.
Law firms may promise comprehensive representation and favorable results, but only a few truly deliver. The most successful driveway accident lawyers are committed to providing the full scope of services necessary to win your case and maximize your recovery. Take advantage of a free initial consultation when you call us at (888) 488-1391.
Is There A Deadline For Filing An Injury Case After A Driveway Crash?
The statute of limitations dictates the deadline for filing a lawsuit. In California, injured parties have two years to file a lawsuit against the liable party. This general rule also applies to cases involving driveway accidents. This time limit is put in place to ensure the timely filing of claims. Missing this time frame can result in your claim getting denied.
Needless to say, time is of the essence. This two-year deadline encourages accident victims to start putting together their cases while physical evidence is available and accounts from potential witnesses are still reliable. Two years may seem like a long time, but taking swift action will give your driveway accident attorneys the best chance of building a strong case for you.
How Long Does It Take To Settle A Driveway Accident Claim?
Some driveway accident cases settle in weeks, while others take months or even years. Complex claims often require longer investigations and negotiations and may even go to trial. In contrast, straightforward cases usually resolve faster. Serious injuries or significant property damage can also extend the timeline.
The attorney you choose also affects how long your case takes. Some lawyers rush to settle without fully evaluating your claim. While quick compensation is important, experienced attorneys focus on getting you the full amount you deserve. Choose a lawyer with a strong track record of meeting client expectations.
Do I Need A Personal Injury Lawyer Near Me For A Minor Driveway Accident?
Yes — because even minor driveway accidents can lead to unexpected injuries and overlooked damages. Many victims settle too soon, not realizing the true value of their claim.
Hiring a local personal injury lawyer ensures you get an accurate case evaluation, protect your rights, and avoid being lowballed by insurance companies. An attorney can determine if a settlement offer is fair or fight for more compensation that reflects your actual losses.
Does California Homeowners Insurance Cover Car Damage In Your Driveway?
No — homeowners insurance in California does not cover damage to your car, even if it happens in your own driveway.
It may cover damage to your property, like your garage or fence, if a vehicle crashes into them. However, for car damage, you’ll need comprehensive coverage through your auto insurance. This applies to incidents like fire, hail, flooding, or fallen trees. Always review your policy or speak with your insurer to confirm what’s covered.
Which Insurance Covers Driveway Accident Damages?
There are three relevant types of applicable insurance policies regarding driveway accidents: liability and collision coverage.
- Liability Coverage — This covers damages that the policyholder (liable party) inflicts on others. Covered losses include property damage and personal injuries to victims. In some states, liability coverage is mandatory and applies regardless of where the accident occurs, including on private property.
- In California, the minimum liability insurance requirements are 30/60/15:
- $30,000 for injury/death to one person.
- $60,000 for injury/death to more than one person.
- $15,000 for damage to property.
- Collision Coverage — This type of coverage is optional. It can cover vehicle damage resulting from a crash. Its main difference from liability coverage is that it is available regardless of who caused the accident.
- Homeowners Or Renters Insurance — Many people don’t realize that homeowners insurance may cover certain aspects of driveway accidents on the insured property, mainly if negligent property maintenance at rental properties contributed to the accident. This can include inadequate lighting, obstructed sightlines due to overgrown landscaping, or improperly maintained driveway surfaces.
After a driveway accident, many assume insurance will cover all damages. While insurance can provide partial compensation, it often falls short of fully addressing your losses. Seeking legal help is essential to protect your rights and secure fair compensation.
A Loved One Was Killed In A Driveway Accident. What Should I Do?
Losing a loved one in a tragic driveway accident is a devastating experience, and the pain can feel even more intense knowing it could have been prevented. However, California’s wrongful death laws allow surviving family members to seek justice and hold the responsible party accountable.
Surviving family members are eligible to file a wrongful death claim, including:
- Spouse or domestic partner.
- Child or children.
- Grandchildren (if the deceased person’s children are no longer alive).
- Other eligible parties under intestate succession laws.
A wrongful death lawsuit aims to provide financial relief to surviving family members for the losses they have suffered. The damages you may be eligible to recover include:
- Burial and funeral expenses
- Lost financial support
- Loss of companionship and guidance
At Arash Law, our attorneys have the knowledge and experience to accurately evaluate and quantify all damages, ensuring you receive the maximum compensation you deserve. We’re here to help you hold the responsible party accountable and guide you through every step of the legal process.
If you’ve lost a loved one in a driveway accident, reach out to our compassionate attorneys today for a free consultation. Let us help you seek justice and secure the compensation your family deserves.
Who Can I Sue In A Driveway Accident?
If you sustained injuries in an incident, you may be able to file a lawsuit against the party or parties responsible for your injuries. Here are some potentially liable parties in driveway accidents:
- The Driver Backing Out of The Driveway — If someone backs out without properly checking for oncoming traffic, pedestrians, or other obstacles, they could be liable for the accident.
- The Driver In The Occupying Lane of Traffic — Although the usual assumption is that the person backing out is at fault, this is not always true. If the driver in the occupying lane was speeding, distracted, or otherwise negligent (such as driving under the influence), they could share liability for the accident.
- Property Owners — If unsafe driveway conditions, such as obstructed views, poor lighting, or lack of proper signage, contributed to the accident, the property owner could be liable.
- Vehicle Manufacturers Or Mechanics — If a vehicle malfunction, such as faulty brakes or defective backup cameras, contributed to the accident, the manufacturer or a mechanic who improperly serviced the vehicle could be responsible.
- Government Entities —In some cases, local government agencies may share fault for driveway accidents. This can happen if poor planning led to unsafe driveways with low visibility or if the city ignored known hazards near a driveway.
Filing a claim against a government agency in California is more complex. You must follow special rules and usually file notice within six months.
Before filing a claim, it’s important to prove who is at fault. Insurance companies will investigate before paying out. This process can be overwhelming without legal help. Fill out our “Do I Have A Case?” form to speak with a case manager.
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Factors Leading To Driveway Accidents
Unfortunately, accidents in the driveway are far more prevalent than you think. The most common victims of this kind of incident are children. As reported by Kids and Car Safety, at least 110 kids suffer injuries in driveway accidents every week.
The following are some of the most common factors that contribute to this type of accident:
- Blind Zones And Blind Spots — All vehicles have blind spots where visibility is limited or blocked. Larger SUVs and pickup trucks can have blind zones as large as 1,440 square feet, while smaller sedans have smaller blind spots. Small children are especially vulnerable as they may be completely hidden in these areas. Drivers who don’t check these zones carefully put pedestrians at serious risk.
- Narrow Or Obstructed Driveways — Driveways blocked by other vehicles or landscaping can limit visibility. Oncoming cars may not see vehicles backing out, especially when there are parked cars along the road near the driveway.
- Distractions — Using mobile phones, engaging in conversations, or other distractions can divert a driver’s attention. A moment of distraction can cause drivers to lose track of a child or miss an obstacle in their path.
- Failing To Yield The Right of Way — Drivers who fail to yield the right of way when backing out of driveways can cause accidents, especially in busy or obstructed areas.
- Unintentional Reversing — In some cases, inexperienced drivers may accidentally put the car into reverse, causing the vehicle to move uncontrolled and potentially leading to serious injuries.
- Driveway Design — A 2010 study in the Journal of Paediatrics and Child Health found that certain driveway features increase the risk of injury. Long driveways, those with poor visibility, shared driveways, and ones that connect to busy roads are more dangerous. Curved driveways and those without separate pedestrian paths also raise the risk of accidents.
Proving Negligence In A Driveway Accident Case
Proving someone’s negligence is critical to establishing their liability for an accident. Driveway accident lawyers will prove the other party’s negligence in an injury claim by demonstrating the following:
- Duty of Care — Every driver must keep others out of harm’s way. For example, drivers should ensure the path is clear before backing out of the driveway.
- Breach of Duty — The other party’s actions deviated from the expected safe and responsible behavior. Anyone who fails to exercise reasonable care and causes an accident or injury is responsible for the damages.
- Causation — Plaintiffs must establish a direct link between the defendant’s breach of duty and the injuries sustained. For example, if a driver failed to check their surroundings before backing out of a driveway and struck a pedestrian, causing broken bones and head injuries, the victim would need to prove that these specific injuries resulted directly from the driver’s negligent actions.
- Damages — In personal injury claims, damages refer to the losses the plaintiff suffered from an accident. Generally, these cover pain and suffering, physical injuries, financial losses, and property damage.
Different types of evidence can substantiate the elements of negligence. They include, but are not limited to:
- Black box data
- CCTV or traffic footage
- Medical records
- Victim’s paychecks
- Photos of the damages
- Police report
- Witness statements
- Vehicle repair receipts
If you need assistance gathering proof for a driveway accident claim, call us at (888) 488-1391. Our dedicated injury lawyers can help you collect all the necessary evidence to build a strong claim.
Potential Compensation In A Driveway Accident Claim
If you sustained injuries in a driveway accident, you may be able to recover compensation from the responsible party. You might be wondering how much you’re entitled to. It depends on what damages you incurred from the accident.
Damages in your driveway accident claim:
Medical Expenses
Driveway accidents can result in serious injuries that require extensive surgeries and rehabilitation. Common injuries include:
- Crushed or broken bones
- Cuts and bruises
- Neck and back injuries
- Spinal cord damage
- Traumatic brain injuries
- Amputations
A personal injury claim can help them and their families recover compensation for medical bills, including:
- Hospital fees
- Doctor’s fees
- Medications
- Long-term care
- Rehabilitative treatment
- Medical devices
- Accessibility needs
- Disability
Property Damage
Driveway accidents can also lead to property damage. If someone hits your vehicle in a driveway crash, you may be able to recover the following in your claim:
- Loss of vehicle use
- Reduced vehicle value
- Costs of vehicle repair
- Costs of vehicle replacement
If the accident occurred in your home and destroyed part of your house or property, you may have the right to seek indemnification to cover the cost of repairs. Find out what steps to take next by speaking with a qualified attorney.
Lost Wages
An accident on a driveway can result in severe injuries or disabilities that prevent victims from earning a living. Compensation for lost wages covers missed income during recovery and reduced future earning capacity if injuries limit your ability to work. A skilled injury lawyer can help you pursue the full amount you deserve, ensuring your financial stability during recovery.
Loss of income damages may include:
- Regular salary
- Bonuses and incentives
- Commissions
- Missed promotion opportunities
Pain And Suffering
Pain and suffering damages compensate for the physical and emotional toll of a driveway accident. They include:
- Chronic pain, discomfort, or limitations from injuries that impact daily life, work, or hobbies.
- Psychological effects such as anxiety, depression, fear, and grief from the trauma.
- Reduced ability to enjoy activities or personal relationships due to injuries.
- Flashbacks, nightmares, and heightened anxiety.
Punitive Damages
In some cases, punitive damages may also be awarded if the responsible party’s actions were grossly negligent or intentional. Unlike compensatory damages that reimburse specific losses, punitive damages punish particularly egregious conduct and deter similar behavior in the future. For punitive damages to apply, you must demonstrate with clear and convincing evidence that the defendant acted with malice, oppression, or fraud.
What To Do After A Driveway Accident
You may have no clue how to proceed in a driveway accident. Nevertheless, you must understand what your next steps should be. Here are some recommended actions to protect your rights and strengthen your claim:
- Call 911 — Report the accident to the police if there are injuries or fatalities. Wait for authorities and obtain a police report.
- Go To The Doctor — Get medical attention immediately, even if injuries seem minor. Keep all medical records and follow your treatment plan.
- Collect Evidence — Take photos and videos of damage, injuries, skid marks, and CCTV footage. Gather contact details from witnesses and document all medical treatment, receipts, and insurance correspondence.
- Consult An Experienced Driveway Accident Lawyer — A lawyer will gather evidence, handle insurance negotiations, and build a strong case to secure compensation. If insurance companies contact you, take their details but do not discuss the accident. Refer them to your lawyer.
Historical Data On Driveway Accidents
According to NHTSA’s report on Fatalities And Injuries In Motor Vehicle Backing Crashes, most backover incidents involve passenger vehicles. Specifically, among cases where the type of striking vehicle is known, 78% of backover fatalities and 95% of backover injuries involve passenger vehicles. Both children under 5 years old and adults aged 70 and older face higher risks in backover incidents compared to other age groups.
According to the American College of Surgeons (ACS), as of October 2015, children left unattended in or around cars face higher risks of injury or death from motor vehicles. The data reveals that over 50% of child deaths involving non-traffic incidents occur when a child gets run over by a motor vehicle in a driveway or while the car is backing up. In most cases, the driver is a parent or close family member.
Non-traffic surveillance (NTS) data for 2017–2021 from the NHTSA showed the scope of non-traffic crashes, which include driveway accidents, remains significant. Furthermore, 39% of backover fatalities occur in residential spaces, such as driveways and the parking lots of apartment and townhouse complexes. The Insurance Institute for Highway Safety’s (IIHS) child safety report for 2022 states that non-residential parking lots account for only 17% of backover fatalities but 52% of backover injuries.
Driveway Accident? Our Attorneys Will Get You Justice!
Motor vehicle accidents can happen anywhere, even in the familiar surroundings of your driveway. California motorists must be vigilant not only on highways and boulevards but also in their driveways, where unseen dangers lurk.
Understanding the causes of driveway accidents, recognizing all potentially liable parties, and knowing your rights under California law are crucial steps toward obtaining fair compensation after a driveway accident. These cases often involve complex questions of premises liability, automotive negligence, and insurance coverage that can be overwhelming for victims already dealing with injuries or the loss of a loved one.
The experienced personal injury lawyers at Arash Law specialize in handling driveway accident cases throughout California. We have the resources, knowledge, and determination to investigate your accident thoroughly, identify all responsible parties, and build a compelling case for maximum compensation. Whether you were injured while backing out of your driveway or a negligent driver struck your child, our dedicated legal team will fight tirelessly for the justice you deserve.
Don’t let insurance companies minimize your suffering or pressure you into accepting inadequate settlement offers. Contact our skilled driveway accident attorneys at Arash Law today at (888) 488-1391, or complete our contact form to schedule your free, no-obligation case evaluation.
Our team is available 24/7 to answer your questions and guide you through every step of the legal process. We serve Los Angeles, Sherman Oaks, Pasadena, Long Beach, Sacramento, San Jose, Riverside, San Francisco, San Diego, Fresno, Orange County, San Bernardino County, Santa Clara County, Alameda County, and Contra Costa County.
