Previously we discussed proving liability in a typical personal injury case. Here will discuss specifically how to determine fault in a car accident using case law and legal principles specific to traffic accidents.
Most injury victims filing lawsuits over car accident negligence are entitled to recover damages for injuries. So this includes the person called a plaintiff. But the plaintiff has the burden to show that the defendant or defendants– the driver that caused the accident was negligent.
Negligence could be established as a violation of the CVC– the California Vehicle Code. But it could be due to the other driver’s behavior falling below the reasonable standard of care. So the plaintiff must prove the other driver failed to use reasonable methods while operating the vehicle.
To be found liable for a car wreck, the defendant or defendants must have been negligent in the operation, maintenance or lending of a motor vehicle.
First of all, people must behave reasonably. So there is a social responsibility to act intelligently. Most important for liability to attach is that the violation of your rights caused injury. And these must be damages that can become quantified.
Proximate Cause in Automobile Accidents Explained.
Case law holds that the accident must be the cause of your harm, as seen in Clarke v. Hoek (1985) 174 Cal.App.3d 208; Peter W. v. San Francisco Unified School District (1976) 60 Cal.App.3d 814.) Legal doctrines hold that the cause of the injuries must be the actual and “proximate cause.”
So your wreck must be the “legal cause” of your injuries. If something else injured you, then the defendant is found to be not at fault. Get it?
Furthermore, this section of tort law mandates that the plaintiff shows:
The incident was not a substantial factor, or foreseeable. Or the defendant must prove it was an independent intervening act that caused the plaintiff's injuries or death.
Example: Mitchell v. Gonzales (1985) 54 Cal.3d 1041; “. . . negligence must be a substantial factor” in causing the plaintiff’s injuries.
What is Pure Comparative Negligence in a Car Accident Case?
Pure comparative negligence under state law says plaintiff’s negligence offsets recovers. The offset is based on the degree of negligence shown by the defendant.
This state has a pure form of comparative negligence – so even if the plaintiff has some fault, they can still recover for what they are not at fault. But your award gets reduced in proportion to degrees of fault, as seen in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804.)
Scenarios that Include Negligence Under California's Vehicle Laws:
Below, find a list of some typical cases of driver negligence for which damages could be recovered.
Driving Too Fast – Driving way too fast can be negligent per se. (CVC Sec. 22350, et seq).; Hardin v. San Jose City Lines (1953) 41 Cal.2d 432.) Sometimes it can be negligent to drive too slow. (Scott v Texaco, Inc. (1966) 239 Cal.App.2d 431.) Construction zone signs or hazard signs creating special speed zones remain disobeyed by many. And these are also a factor in proving negligence. (Wilding v. Norton (1957) 156 Cal.App.2d 374.)
Failing to Pay Attention – Vehicle operators shall keep a proper lookout for other vehicles and people when driving on the roads and must control the car at all times so as not to cause a wreck. (Leeper v Nelson (1956) 139 Cal.App.2d 65; Lutz v. Schendel (1959) 175 Cal.App.2d 140.)
Failure To Yield Rights of Way – (CVC Sec. 21800, et seq.) Left turns (CVC Sec. 21801) see also Sesler v. Ghumman (1990) 219 Cal.App.3d 218; Failure to Yield to Right Of Way Signs (CVC Sec. 21803); Illegal U-Turn (CVC Sec. 22105.) At an intersection (CVC Sec. 21800(a)-(e), see also Saterlee v. Orange Glenn School Dist. (1947) 29 Cal.2d 581.)
Vehicle Defect – The owner or operator of a motor vehicle must inspect and maintain his or her car. (Yamaha Motor Corp. v. Paseman (1990) 219 Cal.App. 958; Dyer v. Superior Court (1997) 56 Cal.App.4th 61.)
Intentional and Reckless Acts – A motor vehicle operator cannot willfully harm people or property with the vehicle as a weapon, or recklessly not do something he or she should have done! (Ingram v. Bob Jaffe Co. (1956) 139 Cal.App2d 193.)
Cannot Drive the “Wrong Way” – (CVC Sec. 21650); See also Altomare v. Hunt (1950) 101 Cal.App.2d 10.)
Illegal to Turn From A Wrong Lane – (CVC Sec. 22107.)
Must Maintain and Properly Use Your Vehicle Brakes – (Veh.C. 26450, et seq.; Maloney v. Rath 69 Cal.2d 442 (1968) 71 Cal.Reports. 897, 445 P.2d 513.)
Failure to Maintain or Turn on Your Headlights – (CVC Sec. 24400, et seq.; See also Matlock v. Farmers Mercantile Co. (1968) 258 Cal.App.2d 362.
Failure To Give Proper Turn and Other Vehicle Signals – (CVC Sec. 22107-22111; Pittman v. Boiven (1967) 249 Cal.App.2d 207.)
Failure Maintain Safe Following Distance- (Veh.C. 21703 Pittman v. Boiven (1967) 249 Cal.App.2d 207.)
Driving Under The Influence Of Alcohol or Drugs (“DUI”) (C.C. 3333.4(a)(1))
Proving your car accident case is not as easy as it seems. You must determine the other driver failed to use reasonable attention/care while operating the vehicle. But some cases are more comfortable to prove than others. The above examples show you the many scenarios possible.
But having a great lawyer significantly increases the chances of a victory for you. ContactEhline Law Firm Personal Injury Attorneys, APLC to learn more at (213) 596-9642.
Please use any of our easy contact us methods for your free case evaluation. Don’t let the statute of limitations expire in your case. Time is of the essence.
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