When California Vehicle Code Section 24400 is cited as being the primary collision factor for an auto accident in California, and the person found to be in violation of this Vehicle Code Section is the other driver involved in your accident, this can greatly assist a personal injury lawyer in settling your accident insurance claim for a substantial settlement or even the policy limits if your injuries are extensive. This is even more true in the case of fatal accidents which cause one or more fatalities. Although a traffic collision report is not evidence, insurance companies treat them as if they are as discussed below.
However, due to how insurance companies treat individuals without an attorney, a person injured in an auto accident should always retain an attorney to represent them at the earliest possible date after an accident. Unless you haven’t been injured and won’t be needing medical treatment, an experienced and reputable personal injury lawyer will almost always be able to obtain a considerably larger settlement from an insurance company and a larger amount for you, even after the attorney’s fees and costs are paid.
At the Law Firm of Sebastian Gibson, we work on a contingency fee basis, which means that unless we obtain a settlement or judgement in your case, there is no fee payable to us. Even if we’ve incurred costs, such as the costs of obtaining your medical records, no fee is payable to us, unless we obtain a settlement or judgement in your favor. Starting with the personal injury consultation which is also free, and which can be by phone or in person depending on our mutual availability, you never receive a bill from us on any case we take on contingency. Unlike other attorneys who ask you to pay the costs involved with your case, we simply don’t believe you should have to pay those costs yourself.
We’ll also advise you how to obtain reimbursement for your car repairs or if your vehicle is totaled, for the value of your vehicle, and any amount you receive for the vehicle is yours to be used by you for the repairs or to replace your vehicle. At the Law Offices of Sebastian Gibson we never take any portion of your property damage settlement and we can also advise you how to obtain payment for a new child safety seat if one was in use at the time of the accident.
California Vehicle Code Section 24400 provides:
24400. (a) A motor vehicle, other than a motorcycle, shall be: (1) Equipped with at least two headlamps, with at least one on each side of the front of the vehicle, and, except as to vehicles registered prior to January 1, 1930, they shall be located directly above or in advance of the front axle of the vehicle. The headlamps and every light source in any headlamp unit shall be located at a height of not more than 54 inches nor less than 22 inches. (2) Operated during darkness, or inclement weather, or both, with at least two lighted headlamps that comply with paragraph (1). (b) As used in paragraph (2) of subdivision (a), “inclement weather” is a weather condition that is either of the following: (1) A condition that prevents a driver of a motor vehicle from clearly discerning a person or another motor vehicle on the highway from a distance of 1,000 feet. (2) A condition requiring the windshield wipers to be in continuous use due to rain, mist, snow, fog, or other precipitation or atmospheric moisture.
When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.
The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report. That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.
While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.
A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom. The officer is not there to render a verdict and determine who is responsible for the damages. Rather, the officer is there to determine if any laws were broken. The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest. He or she is thus often in a position to make a well-educated determination of who caused the accident.
Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers. Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth. The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.
If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone. You can also e-mail Attorney Sebastian Gibson at sgibsonesq@aol.com Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.CaliforniaAttorneysLawyers.com
Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated. In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.
Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.
Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.
A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties. Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located. But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision. They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.
If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision. There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.
If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 24400, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.
At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as Section 24400, and will represent you to obtain the compensation you deserve for your injuries.
In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements. We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.
If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone. You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at sgibsonesq@aol.com or visit the Sebastian Gibson law firm website at www.CaliforniaAttorneysLawyers.com
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