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Who's at Fault in LA Freeway Accident?


I got hit while merging on I-405 in Los Angeles. Do I have to bear the legal responsibility?

I was on the I-405 freeway in LA, trying to join the traffic, and just as I was almost in my lane, this car speeds up from behind and hits my rear side. It was a jarring experience. Now, the driver of that car claims that it was my fault since I didn't yield properly while merging. I'm really concerned about how this will play out legally. Who is likely to be blamed in such situations? Which type of lawyer should I look for to defend my case? And considering LA's high living cost, how much will it cost me to hire a competent attorney? Also, are there specific traffic rules or clauses in California law that I should be aware of regarding freeway merging? If anyone knows of a reliable link or website that can offer guidance, I'd really appreciate it.

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Legal Solution

The response provided below is specific to Automobile accident attorneys in the jurisdiction of Los Angeles. If the response is inadequate, please submit a detailed inquiry.

Analyzing the Merging Incident on I-405

Navigating the busy roads of Los Angeles, especially the I-405 freeway, can be challenging. The crux of your issue revolves around the merging rules and the obligations of both drivers in such scenarios. Understanding how fault is determined is crucial. The California Vehicle Code provides guidelines on merging, but determining fault often relies on the specific facts of each case.

Relevant California Laws

  • California Vehicle Code Section 21804(a): Regarding entering a roadway.
  • California Vehicle Code Section 22107: Relating to unsafe lane changes.

For more comprehensive legal information, you can refer to the official California Legislative Information site.

Potential Solutions

First and foremost, it's pivotal to document everything related to the accident. This includes photographs, witness statements, and any police reports. Secondly, consult with an auto accident attorney who specializes in these types of incidents. They will be best equipped to guide you through the process and defend your rights. You can compare lawyers in your area to determine the best fit for your case.

Legal Fees in Los Angeles

Service Average Price
Initial Consultation $150 - $300
Representation in Minor Traffic Cases $500 - $1,500
Complex Auto Accident Representation $2,000 - $7,325

Note: Legal fees can vary widely based on the complexity of the case and the reputation of the attorney. LA, being a major city, might have slightly higher rates than other regions. Always discuss fees upfront with your chosen lawyer.

Further Information Required

It's essential to clarify a few details to provide more accurate advice:

  • Were there any witnesses present during the accident?
  • Did you or the other party report the accident to the police?
  • Were there any injuries sustained in the accident?

Don't hesitate to ask a free legal question if you have further concerns.

Questions for You:

  1. Accident Details: Was this in heavy traffic, or was the flow relatively smooth?
  2. Your Actions: Were you using turn signals while merging?
  3. Other Driver: Did the other driver show any signs of aggressive driving or negligence?

Q1: What are the general rules for merging on freeways in California?

In California, the Vehicle Code stipulates that while merging, drivers should ensure it's safe. It typically means the merging driver must yield to the traffic they're merging with. However, this doesn't automatically put the merging driver at fault in case of an accident.

Q2: Can both drivers be found at fault in a merging accident?

Yes, California follows a pure comparative negligence rule. It means both drivers can share fault in an accident, and any compensation awarded would be reduced based on each driver's percentage of fault.

Q3: How is fault percentage determined?

The determination often depends on evidence, witness testimonies, and sometimes, accident recreation experts. Insurance adjusters or courts may assign fault percentages.

Q4: Should I accept the insurance company's first settlement offer?

It's advisable to consult with an attorney before accepting any offers. Initial offers might not cover all your expenses or damages adequately.

Q5: What if I can't afford an attorney for my case?

Many auto accident attorneys work on a contingency fee basis, which means you only pay if you win the case. Always discuss payment structures during your initial consultation.

Remember, while online advice can be helpful, always consult directly with a qualified attorney for guidance specific to your situation.


This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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When should you seek a personal injury lawyer? Car accident attorney will be needed in the event of traffic accidents that lead to serious injuries or long-term medical treatment of those involved. Choosing an experienced attorney will help increase the chances that you get the compensation that you deserve. By hiring a personal injury lawyer to represent you immediately after a car accident, you will have a professional working for you – one who is very knowledgeable about the specific field of law and procedural rules that may significantly affect your case.

An indicator of the skills of a particular injury lawyer is the fact how many lawsuits he/she has won as well as careful pre-court preparation and possibly also the process of negotiation with the counterparty. In the case of car accidents where there are problems related to limits for car insurance, lawyers may threaten to file a suit. However, in most cases, an out-of-court settlement can be reached between the parties. Why should you hire a car accident attorney? Underestimating such a decision may result in considerable financial loss, especially in the event that you or the other party (the participant of the accident) have inadequate insurance coverage and the insurance company thus does not pay the claim.

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