Car accident laws refers to the legal rules that determine who is responsible for the personal and property damage that results from a traffic collision. This area of the law consists of the principles of negligence, as applied to this particular category of personal injury cases. Like other cases in which negligence tort applies, any litigation that revolves around personal injury is governed almost entirely by state law.
Car accident victims in every state must prove the same basic four elements in order to recover compensation. These elements are:
- Duty
- Breach
- Causation
- Harm
With respect to duty, drivers have a legal obligation to obey the rules of the road and to operate their vehicles in a reasonable manner. This means driving at a safe speed, maintaining control, exercising awareness, observing traffic signals, using blinkers and headlights, etc.
The existence of a duty is typically accepted without much argument. By contrast, the plaintiff will usually be required to offer evidence that the defendant breached that duty. Breach can be shown by direct evidence, such as eyewitness testimony, traffic surveillance video, or an admission of fault. The plaintiff may also need to resort to circumstantial evidence, such as skid marks, paint smudges, or blood alcohol readings.
Just because the defendant had a duty to operate his or her vehicle in a certain manner, and it is shown that the defendant breached that duty, the court will not automatically assume those circumstances caused the plaintiff’s injuries. Rather, the plaintiff must prove the element of causation. In car accident cases, this can be done through medical testimony demonstrating the injuries are consistent with the nature of the crash, and that they did not exist beforehand.
Finally, the plaintiff must prove harm. No matter how egregious the other driver’s conduct was behind the wheel, the plaintiff cannot bring a negligence lawsuit unless the conduct produced damage to the plaintiff’s person or vehicle. Near miss cases will not qualify. Once harm is shown, the plaintiff may be entitled to compensation for medical expenses, pain and grief, lost wages, and more.
Steps to Take Following an Accident
The first thing to do after a car accident is to remain silent about who is to blame for the incident. Admitting fault is a common mistake potential litigants make in the moments following a crash. Ordinarily, the rules of evidence do not allow out-of-court statements. Even a simple apology can potentially be used against you.
Conversely, it is important to make notes of any statements made by the other driver. A smart phone, tablet, or other electronic device can be great for recording voice memos in the chaos of an accident scene. By whatever means are available, gather as much detail about the accident as possible. To begin with, take down the other driver’s name and address, license number, and insurance information.
Other evidence to preserve includes witness contact information, descriptions of the road, traffic, and weather conditions, and photographs of the vehicles. If your cell phone or camera has the ability to record video, use it. Make a video of the accident scene up close and from a distance, including the location of traffic signs, crosswalks, and so forth. Also be sure to write down the names of police officers so it will be easier to get copies of their reports.
Never overlook the importance of seeking immediate medical attention. The whiplash motion caused by car accidents can produce injuries the victim may not notice at first, but that become more pronounced as time passes. As a potential plaintiff in a negligence case, you do not want the other driver’s attorney to belittle the severity of your injuries, based on the fact that you did not feel it necessary to seek treatment right away.
Of all the things that can be done after a car accident to preserve the victim’s right to compensation, contacting our personal injury lawyer will likely have the greatest impact. Without the assistance of legal counsel, you will be alone and vulnerable to the tactics of the opposing side’s insurance company. The adjuster may pressure you to accept an unfair settlement, or to waive other rights. So before signing any documents, or agreeing to anything, be sure to consult with an attorney. If you’ve been injured in a car accident in the state of California, you may have questions about how the laws will affect your property damage and/or personal injury claim. If so, do feel free to contact our Ventura car accident lawyer.
Obedience to Traffic Control Devices
A driver must obey any traffic control devices applicable to the driver, unless otherwise directed by a traffic or police officer.
Reckless Driving
A driver who drives in willful or wanton disregard for the safety of persons or property is guilty of reckless driving, and can be fined and imprisoned. (Section 23103)
Driver’s Duty to Give Information and Render Aid
A driver involved in an accident resulting in injury or death to any person, including other drivers, passengers, and/ or passersby must locate and notify the owner of that property of the name and address of the driver and owner of the vehicle involved.
If requested, the driver must also present his or her driver’s license, and vehicle registration, to the other driver, property owner, or person in charge of that property. The information must include the current residence address of the driver and of the registered owner. If the registered owner of an involved vehicle is present at the scene, he or she must also, upon request, present his or her driver’s license information or other valid identification to the other involved parties.
Moreover the driver must render to any person injured in the accident reasonable assistance, including making of arrangements to transfer the injured person to a hospital for medical or surgical treatment if it is apparent medical treatment is required. (Section 20003)
Accidents Involving Death, Personal Injury, or Substantial Bodily Injury
A driver involved in an accident resulting in injury or death of any person other than themselves must immediately stop and remain at the scene of the accident until the driver has fulfilled the requirements of law.
The driver must give the name and address of the driver and owner of the vehicle involved. The driver must also present his or her driver’s license, and vehicle registration, to the other driver, property owner, or person in charge of that property. The information must include the current residence address of the driver and of the registered owner.
If the registered owner of an involved vehicle is present at the scene, he or she must also present his or her driver’s license information or other valid identification to the other involved parties. Moreover the driver must render to any person injured in the accident reasonable assistance, including making of arrangements to transfer the injured person to a hospital for medical or surgical treatment if it is apparent medical treatment is required.(Section 20001)
Accidents Involving Only Damage to Another Car or Property
A driver involved in an accident resulting only in damage to property or another car which is driven or attended by any person must immediately stop at the scene of the accident or as close to it as possible. The driver must locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved.
If requested, the driver must also present his or her driver’s license, and vehicle registration, to the other driver, property owner, or person in charge of that property. The information must include the current residence address of the driver and of the registered owner. If the registered owner of an involved vehicle is present at the scene, he or she must also present his or her driver’s license information, if available, or other valid identification to the other involved parties.
Accidents Involving Damage to Unattended Car or Unattended Property
A driver who collides with a parked car or who collides with other property which is unattended must immediately stop at the scene of the accident or as close to it as possible and must attempt to locate and notify the driver or owner of the damaged car or damaged property. Once located the driver who caused the accident must give the name and address of the driver and owner of the vehicle involved.
If requested, the driver must also present his or her driver’s license, and vehicle registration, to the other driver, property owner, or person in charge of that property. The information must include the current residence address of the driver and of the registered owner. If the registered owner of an involved vehicle is present at the scene, he or she must also present his or her driver’s license information, if available, or other valid identification to the other involved parties. If the driver or owner of the damaged car or property cannot be located, the driver who caused the accident must must leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the accident. The driver must also the police department of the city where the collision occurred or the Department of the California Highway Patrol (Section 20002)
Driver’s Duty to Notify Police Department
A driver involved in an accident resulting in injury or death must report the accident to the California Highway Patrol or the police department of the local city within 24 hours after the accident. Section 20008
Accident Reports Filed By Police Departments
A copy of an accident report is available from the Department of Motor Vehicles and the Department of the California Highway Patrol upon request and payment of a fee. Section 20012
Open Alcohol Container Law
A driver or passenger must not be in possession of an opened container of an alcoholic beverage or consume a controlled substance while the car is on California roadways. An opened alcoholic beverage container can be kept only in the trunk of a vehicle or in some other area of the vehicle that is not normally occupied by the driver or passengers. It cannot be kept in the utility or glove compartment. Passengers of a housecar or camper can consume and possess an opened container of alcohol.
Driving Under Influence of Alcohol or Controlled Substance
A driver must not drive after drinking an alcoholic beverage or consuming an intoxicant in an amount which renders the driver incapable of driving safely along roadways. In California, a driver is guilty of the offense of Operating a Vehicle Under the Influence of an Intoxicant if the driver has a blood alcohol concentration (BAC) is 0.08% or higher. Section 23152
Ignition Interlock Device
A driver who is guilty of driving while under the influence of an intoxicant might be ordered to have installed at his or her own expenses an ignition interlock device. The ignition interlock device will serve to restore the driver’s driving privileges during the pendency of the driver’s probation. If an ignition device is installed, it must be installed in every car owned or operated by the driver.
An ignition interlock is a device which measures any amount of alcohol contained in a driver’s body. Before starting the car the driver must blow into a tube emanating from the ignition interlock device. If the device then detects a blood alcohol concentration (BAC) higher than is permitted by law the car will not start and the violation will be reported to the prosecutor, the probation officer, and/or the judge. At that point the driver may be subject to loss of driving privileges, immediate arrest and incarceration up to the maximum term provided by law (Section 23247).
Financial Responsibility Car Insurance Minimum Limits
In the State of California, each motor vehicle must be covered by an insurance policy that includes liability coverage of the following amounts for all damages resulting from an accident:
- At least $15,000 per person
- At least $30,000 for two or more people
- $5,000 per occurrence for property damage (Section 16451)
Pure Comparative Negligence
In California, the victim in a car accident can sue the negligent driver for compensation. The victim’s liability in causing the accident, their comparative negligence, affects the amount of compensation the victim receives. The amount of compensation a victim can receive is reduced by their percentage of fault in contributing to the accident (Section 1431.2)
California’s No Fault Car Insurance
Every owner of a motor vehicle is liable and responsible for death or injury to person or property caused by a negligent or wrongful act, or lack of action, in the operation of the motor vehicle. The liability of an owner is limited to the following:
- $15,000 for the death of or injury to one person in any one accident
- $30,000 for the death of or injury to more than one person in any one accident
- $5,000 for damage to property of others in any one accident
If a car accident victim can establish that injury or death occurred as a result of a driver’s intoxication or willful misconduct, then the victim can file a lawsuit against the driver.
(Sections 17150, 17151, and 17158)
Statute of Limitations
California has a two year statute of limitations for property damage and personal injury claims. This means if a driver, passenger, or passerby is injured or sustains property damage at the hands of a negligent driver, the victim must either settle their claim within two years, or file a lawsuit. If the victim fails to settle their claim or file a lawsuit within the two year period the victim is barred from pursuing the negligent driver in court. The Statute of Limitations is the time limit for filing a legal case. In California, you have two years for personal bodily injury claims and three years for property claims. That time period is shortened if a government party for example, a police cruiser is involved, you’d then have only six months to file.
Small Claims Courts
In California, victims of car accidents can choose to sue the negligent driver in small claims court. The jurisdiction of a small claims court regarding personal injury and property damage is limited to a maximum of $10,000, exclusive of filing fees and court costs. The first, and often most strict limit, is the time limit ‘Statute of Limitations’ for filing a legal case. In California, you have two years for personal bodily injury claims and three years for property claims. That time period is shortened if a government party for example, a police cruiser is involved, you’d then have only six months to file.
Types of Damages
Car accident damages are often categorized as economic damages and non-economic damages. Economic damages include repair or replacement of the damaged cars, past and future medical expenses, lost income, and other out-of-pocket expenses. Non-economic damages cover things like pain, emotional distress, and disability or disfigurement. Examples of damages that result from car accidents include:
- Pain and suffering
- Medical Expenses
- Rental cars
- Lost wages
- Loss of affection or companionship
- Limits on Damages
California does not have a cap on damages in personal injury or car accident cases generally. However, there are a few traps that can limit or eliminate your compensation for a car accident.
For serious personal injuries that lead to hospital stays, a cap on medical malpractice damages could affect your livelihood as well. Should your car accident injury turn into something more severe due to the fault of a medical professional, your non-economic damages would be limited to $250,000.
Requirements for a victim of an auto accident to sue in California
Once you are a victim is involved in an auto accident, you present a claim and if the claim is not honored and you believe that you were not at fault, whether by way of witnesses or the facts of the accident, then you could bring an action against the other party and sue them. It doesn’t matter whether that action is in small claims court or superior court; anyone can sue so long as you can establish that the other person was negligent and you can prove that there were damages that were the a result or the other person’s negligence.