The Top Causes for Summer Accidents: Why You’re More at Risk and What Your Legal Rights Are
When the temperatures climb, so do car accident rates. While storm clouds may bring the riskiest driving conditions, it’s summer that brings more people out on the roads. Below, we’ll look at why you need to be more careful during the hottest months of the year, as well as your legal options should you be an accident victim.
What Causes Summer Accidents?
In 2022, car accident fatalities totaled 12,260 in June, July and August. We look at the main causes of accidents and why these months are especially dangerous.
Increased Volume
Whether visiting a nearby town for the day or crossing the country over several months, summer gets people out of the house and on adventures. Camping, spontaneous road trips, vacations: the extra daylight, local festivals, and beautiful beaches lead to busy roads, traffic jams — and impatient drivers.
Young/Inexperienced Drivers
Statistically, the younger you are, the higher the odds of an accident. In 2021, drivers between ages 16 and 24 accounted for nearly 23% of all accidents. That was the highest of all age groups, although drivers aged 25–34 weren’t far behind.
When school is out for summer, these drivers swamp the streets, and their inexperience and risky maneuvers can end up putting everyone at risk. While drivers under 18 aren’t allowed to use a cell phone while driving for any reason, even to make hands-free calls, that doesn’t mean they always follow the rules.
Tourists
Tourists come to California from all over the world. They may come from places with lax or erratic road rules, or they may come from small towns with very little traffic. They may not even be used to driving on the right-hand side of the road. While most California residents expect to navigate extreme traffic patterns, many tourists can be caught off guard. This leads to an increased chance of collisions.
Distracted Driving
Distractions are everywhere these days, but they can rise in the summertime when everyone’s making plans and trying to map out the best course in unfamiliar places. In California, you can use your cell phone hands-free, if you’re over 18. Even when people are just using their phone for navigation, any kind of distraction can lead to disastrous consequences.
High Temperatures
Engines overheat, tires blow out, and batteries can fail in the summertime. When cars break down on the road, it’s not always easy for the driver to move safely over to the side. Plus, extreme heat can impair the driver’s mindset, especially if they don’t have air conditioning. From dehydration to drowsiness, spiked temperatures can lead to decreased reaction times.
More Motorcyclists
Motorcyclists simply don’t have the same presence or protection on the road. Their lack of visibility makes them more vulnerable in traffic, making motorcycle accidents more common on crowded freeways and side streets. In the summer, motorcyclists may be hitting the road just to get out, which can make it harder for commuter drivers to predict their paths. And even the safest drivers can end up colliding with an impatient motorcyclist who’s splitting lanes.
What Are My Legal Rights?
Your legal rights may not change from season to season, but the information below may be helpful to you if you were involved in a summer accident.
Who’s at Fault
Liability can be hard to determine in California, particularly for accidents where multiple parties were involved. For example, if a tire ruptures at 70-miles per hour and the driver causes a 10-car-pileup, is the driver responsible for all related expenses and injuries? Or if a teenager was texting at the time of the collision, but their phone was in their lap, can the victim prove that they both saw the behavior and that it caused the accident?
In California, you’re subject to comparative negligence. This means that the state can split the fault based on the circumstances. So, if you’re determined to be 10% at fault for an accident, you may only receive 90% of your requested compensation package.
Insurance Claims
Insurance claims often turn into fights over who was at fault, what the policy covers, and how the limits apply to each case. Between the paperwork and the insurance adjuster’s loyalty to the company, the whole process can become complex very quickly. You do have rights beyond insurance companies. This is particularly true if they’re exhibiting unethical behavior, such as pressuring you to take a lowball offer.
Personal Injury Claims
Personal injuries go far beyond standard doctor visits. From surgeries to at-home care to lost wages, a single injury from an accident can quickly balloon into endless incidental costs. A personal injury lawsuit attempts to recoup as much as possible. For example, if a personal injury caused you to miss out on a promotion at your job, you can sue for both actual lost wages and potential future wages.
Uninsured Drivers
Millions of people remain uninsured or underinsured in California. This doesn’t include tourists who hail from other countries (who are unlikely to respond to a claim). If the at-fault driver is uninsured or underinsured, you are allowed to request compensation, but that doesn’t mean you’ll have success claiming it. You may need to rely on your own uninsured coverage if you don’t have another form of recourse.
Statute of Limitations
In personal injury law, you have two years from the date of the accident to file a claim. This is important to know because some injuries, such as spinal damage, don’t always manifest immediately after the collision.
Legal Representation
Personal injury lawyers help victims get the assistance they need during a vulnerable time. In the case of messy claims or greedy insurance companies, they’re the only way to get the compensation you need after the collision. If you’re dealing with injuries sustained after a car crash, it’s critical to have the right legal team by your side.