The Impact of California’s Traffic Laws on Personal Injury Claims

It isn’t just the roads, the weather, or other drivers who affect your personal injury claim. The laws of the state of California also affect how much you recover, and what factors insurance companies and courts consider in determining fault.

When you contact the Brand Law Group about your accident, we use our knowledge of California’s traffic laws to strengthen your claim and reduce your liability.

Negligence

California follows a pure comparative negligence rule. Under the pure comparative negligence rule, a victim can recover damages even if they were partially responsible for the accident.

States which use “modified comparative negligence” limit recovery to victims who were 50% or less at fault. A few states use the restrictive “contributory negligence” rule, meaning if a victim is even 1% at fault, they cannot recover anything.

Under California’s rule, you can recover according to your percentage of liability. This means if you are 40% responsible for the accident, you can still recover 60% of your damages.

Negligence per se

Violating some traffic laws can be proof of negligence or carelessness without more evidence. This is called “negligence per se.” In most states, driving under the influence (DUI) is negligence per se as well as a criminal charge.

California’s “distracted driving” law considers texting while driving proof of negligence. If a driver was texting and causes an accident, they are automatically at fault. The victim can prove this with phone records and witness statements.

Fault

Fault is determined by the insurance company or by the judge or jury in a trial. Fault also means “causation.” The person whose actions led to the accident is the one at fault.

Fault can be shared by both parties. For instance, if one driver was speeding and ran a red light, but the other driver pulled forward into the intersection without looking, they would both share fault.

California is an “at-fault” state, meaning the person who was most responsible for the accident pays for all damages. In the scenario above, a judge or jury would decide which driver caused more of the damage and assign fault accordingly.

Failure to Yield Laws

California has unusual right-of-way laws that can confuse out-of-state drivers. Pedestrians always have the right of way, and drivers must yield at crosswalks and intersections. At four-way stops without signals, drivers must yield to the driver to their right.

California also follows the “last clear chance” doctrine. This means that where both sides share fault, if the defendant was aware of the hazard and did not avoid it, the fault falls on the defendant. For instance, in the example above, if the speeding driver saw the other car move into the intersection and did not try to stop, the fault for the accident would be entirely theirs.

These legal concepts are why every personal injury case needs legal advice. The Brand Law Group is here to help you get the compensation you deserve. Contact us today to discuss your case.