A car accident is often the result of someone's carelessness. Simply taking one's eyes off the road for just a second can result in a car accident. When a person's carelessness results in personal injury or property damage to someone else, the law calls this negligence. Consequently, the injured person may bring a negligence claim and recover damages from the person at fault. Below is a general overview of a negligence claim. However, some cases are complex and may require the assistance of a car accident attorney.
Who is at Fault in a Car Accident?
Determining the person at fault in a car accident is essential. One of the easiest ways to establish fault is to review the police report. Oftentimes, the police officer responding to the accident writes in the report the cause of the accident or determines the person at fault. Another way to determine fault is by establishing that the other party violated a California Vehicle Code, such as a speed limit or a u-turn law.
The type of accident that occurred may also indicate fault. A rear-end collision or a left-turn accident usually establishes fault automatically. A rear-end collision occurs when a vehicle hits another vehicle from behind. The person that rear-ends a vehicle is usually at fault because the law requires that every driver stop safely. Failure to stop indicates that the driver was driving unsafely. A left-turn car accident occurs when a vehicle turning left collides with an oncoming vehicle. The person making a left turn is typically at fault since a duty exists to make a left turn when it is safe. An exception applies to situations where the other driver was speeding or goes through a red light.
Proving Negligence in a Car Accident Claim
Negligence refers to a person's failure to act as a reasonable and prudent person would in the same or similar circumstances. Establishing negligence in a car accident claim requires proof of the following elements:
1. The defendant owed a duty of care to the plaintiff: All drivers owe a duty of care to other drivers and to other people using the roadway.
2. The defendant breached that duty: A defendant's carelessness may violate the duty when shown that a reasonable person would have acted otherwise. A violation of a traffic law, such as running a red light or failing to stop for a person in a crosswalk, may establish a breach of duty.
3. The defendant was the cause of the plaintiff's injuries: The defendant's conduct caused the plaintiff's injury.
4. The plaintiff suffered from an injury or property damage: A plaintiff can recover a monetary award for injuries, pain and suffering, lost wages, and property damages if proof is established. Recovery is prohibited in the absence of a personal injury or property damage.
Can a Plaintiff Recover when their Carelessness Contributes to the Car Accident?
In most states, including California, the doctrine of comparative negligence applies when the plaintiff bears some fault in a car accident. Comparative negligence allows the plaintiff to recover even when their negligence contributed to the accident. California is a “pure” comparative negligence state. This means that a plaintiff can recover regardless of the extent of their fault. For instance, a plaintiff that is 80 percent at fault may still recover 20 percent of the total damages. Damages are reduced by the percentage of the plaintiff's fault.
When Should You Consult with a Car Accident Attorney?
Many variables in a car accident contribute to the outcome of a negligence claim. Frequently, a victim of a car accident is unable to litigate a claim without the assistance of an experienced car accident attorney. When it is difficult to determine fault or injuries occurred, a consultation with an attorney is beneficial.
If you would like to learn more about a car accidents injury and personal injury or have any questions regarding your legal rights, please contact us.
