When a Split-Second Decision Turns Risky
Passing a slower car might feel like a routine move. However, when timing, distance, and judgment are misjudged, it can lead to devastating consequences. Overtaking-related accidents are among the most dangerous and often occur when visibility is low, patience runs thin, or a driver miscalculates available space.
If you have been injured in an overtaking car accident in Los Angeles, LA Injury Lawyers can help you determine fault, protect your rights, and pursue the compensation you deserve.
What Makes Overtaking So Dangerous?
Unlike typical lane changes or turns, overtaking requires a driver to briefly move into a lane of oncoming traffic or a passing lane, often while accelerating. This maneuver becomes hazardous due to several factors:
- Limited visibility on curves or hills
- High speed during the maneuver
- Misjudging the distance of oncoming vehicles
- Failing to return to the lane in time
- Ignoring traffic signage prohibiting passing
When a driver attempts to pass and miscalculates, the results can be catastrophic, and many injuries may occur, like Traumatic Brain Injury, Spinal Cord Injury, and Paralysis. These overtaking accidents are more likely to lead to head-on collisions, severe injuries, and multi-vehicle pileups.
Common Scenarios That Lead to Overtaking Car Accidents
Overtaking on Blind Curves or Hills
Attempting to pass where oncoming traffic is not visible is a common cause of head-on collisions. Drivers often overestimate their ability to complete the pass safely.
Nighttime Overtakes
Reduced visibility at night makes it harder to judge distance and speed. When overtaking at night, drivers are required to use headlights properly and maintain extra caution.
Distracted or Impatient Driving
Drivers who are texting, fatigued, or frustrated are more likely to take unsafe risks during overtaking, increasing the chance of misjudgment and collision.
Ignoring Road Markings or Signs
Passing in zones marked with double yellow lines or where signs prohibit overtaking is illegal and significantly increases liability in case of a crash.
Who Is at Fault in an Overtaking Accident?
In most cases, the overtaking driver is presumed to be at fault, particularly when they violate road rules or pass in unsafe conditions. However, California follows a comparative fault rule, meaning more than one driver can share liability.
Situations where fault may be shared include:
- The overtaken vehicle accelerated during the maneuver
- The overtaken driver changed lanes without signaling
- A third party was involved and contributed to the crash
Establishing fault is critical in any overtaking car accident. Working with a qualified Car Accident Attorney in Los Angeles can help ensure the facts are correctly documented and supported.
California Laws on Overtaking and Passing
Under California Vehicle Code sections 21750 through 21759, overtaking a vehicle must be done safely and lawfully. Key requirements include:
- The overtaking driver must signal appropriately before initiating the pass.
- Overtaking must be done on the left and only when it is safe.
- It is illegal to cross double solid yellow lines.
- At night, proper headlight use is mandatory.
These rules are designed to prevent overtaking accidents and assign liability in the event of violations.
What to Do After an Overtaking Car Accident
If you are involved in an overtaking-related crash, take the following steps:
- Call 911 to report the accident and request medical assistance.
- Exchange contact and insurance information with all involved parties.
- Take photos and videos of the vehicles, the road, and the damage.
- Look for witnesses and ask for statements.
- Avoid admitting fault or making statements to insurers without legal advice.
- Contact a Car Accident Lawyer in Los Angeles as soon as possible.
Documenting every detail can be pivotal in establishing fault and recovering fair compensation.
Types of Compensation You May Recover
Victims of overtaking car accidents may be eligible to recover compensation for:
- Emergency medical care and long-term treatment
- Rehabilitation and therapy
- Lost wages and reduced earning capacity
- Pain and suffering
- Property damage
- Emotional distress
Damages are typically calculated based on documentation, severity of injuries, impact on quality of life, and liability. A skilled Car Accident Attorney in Los Angeles CA can help pursue maximum compensation.
Why Legal Support Is Essential in Overtaking Accident Cases
Determining fault in overtaking accidents is often contentious. Insurance companies may dispute liability, especially when both parties were moving vehicles. Having legal representation ensures:
- Accurate fault investigation
- Preservation of physical and digital evidence
- Timely filing of all paperwork
- Negotiation with insurance providers
Our firm has decades of experience handling overtaking car accident cases and holding negligent drivers accountable.
Contact LA Injury Lawyers for Help Today
Get the Legal Support You Deserve
If you were hurt in a dangerous overtaking accident, do not handle the case alone. Our legal team has recovered millions in verdicts and settlements for California drivers:
- $11 million for a brain injury
- $10 million for a car accident victim
- $8.2 million for a motorcycle crash
Call LA Injury Lawyers at (818) 539-5390, email in**@*************rs.com. Your consultation is free, and we do not get paid unless we win.
Frequently Asked Questions
1. What is considered an overtaking car accident?
An overtaking accident occurs when one driver tries to pass another but crashes during the maneuver, usually due to poor judgment or illegal passing.
2. Who is at fault in an overtaking car accident?
The overtaking driver is usually at fault, especially if they violated traffic laws. However, fault may be shared if the other driver acted unsafely.
3. What must you do when overtaking a car at night?
Use your headlights, signal clearly, check for oncoming traffic, and ensure plenty of space. Avoid passing in low-visibility areas.
4. Can I recover damages even if I was partly at fault?
Yes. California uses comparative fault, meaning you can still recover a portion of your damages based on your degree of responsibility.
5. Why should I hire an attorney for an overtaking accident?
An attorney will help establish liability, gather evidence, and negotiate with insurers to ensure you receive full and fair compensation.