If your windshield has been shattered through your own fault, your collision coverage should repair your broken glass, although you will have a deductible. When the accident is another person's fault, their insurance is supposed to fix your windshield. However, in many cases, a rock cracks a windshield while you are driving down the freeway, or someone breaks your car window in the dead of night, and you may need to get it fixed through comprehensive coverage. What if you were injured as a result of broken glass and windshield impact in Southern California? You may need to file a personal injury lawsuit to recover damages for those injuries. At Sharifi Firm, APC, our Los Angeles car accident attorneys can advise you.
Broken Glass and Windshield ImpactThe windshield system does more than keep rocks from flying into your face while you are driving. In a rollover, the windshield can stop you from being hurt when the roof is crushed. Its strength can stop the roof from being crushed more than five inches if there is a force of one to one and a half times the weight of the vehicle on the roof. The system is also designed to keep half the glass sealed to the car so that you are not thrown out of the car.
Under California Vehicle Code section 26710, it is illegal to operate any motor vehicle on the highway if the windshield or rear window is in such a defective condition that it would impair your vision as the driver, either in front or when looking to the rear. When a windshield does not comply with this law, an officer can pull you over and require you to make repairs within 48 hours. Generally, if you drive with a cracked windshield, you are at risk of getting a ticket.
If you were in an accident, and there was a cracked windshield, the resulting injuries may be quite significant. Broken glass can result in facial disfigurement and scars, as well as blindness. When the accident was another driver's fault, you may be able to recover damages by proving negligence. This means that you will need to show the other driver's duty toward you, a breach of duty, causation, and damages. The other driver might have breached the duty to use reasonable care by driving the wrong way on the road, disobeying traffic signals, texting while driving, or driving drunk, among other behaviors.
Often, a defendant will argue that you were also negligent if you were driving with a cracked windshield. If you suffer cuts, scars, disfigurement, head trauma, or other injuries as a result of broken glass and the roof being crushed, a jury may find that your comparative negligence was partially to blame for these particular injuries. Generally, the jury will evaluate the evidence and assign percentages of fault to the parties to an accident. Your damages will be reduced by the degree to which you were at fault.
If the other driver is driving with a cracked windshield directly in their line of sight, on the other hand, they may have obstructed vision. In that case, they may be found at fault for the accident that caused your injuries. If you noticed that another car had windshield damage prior to being struck by the car, or if you are a passenger in a car with windshield damage prior to an accident, this is important information to share with your attorney.
Consult a Knowledgeable Car Crash Lawyer in the Los Angeles RegionAfter a car accident involving broken glass and windshield impact, it is important to explore all of your options for recovery. At Sharifi Firm, APC, our experienced Los Angeles attorneys can evaluate the circumstances surrounding a motor vehicle collision to determine who should be held liable in a lawsuit. Contact us at (866) 422-7222 or via our online form. We also represent people in cities such as San Bernardino, Temecula, Rancho Cucamonga, Glendale, Covina, and Riverside.