Car Accident Laws
Almost everything we do in this world exposes us to some risk or some sort of accident. Driving our own car or just crossing an intersection is not an exception.
Car accidents happen everyday in the US and 1 is killed every 13 minutes, according to the National Highway Traffic Safety Administration (NHTSA). Thus, many laws are proposed and passed in many cities and states to address the growing problem brought about by prevailing car culture in the US.
Generally, car accident claims are covered by tort law. A tort is a civil wrong, which can be remedied by awarding damages. Damages here refer to compensatory damages that are intended to compensate the injured party for his loss or injury.
Damages that may be recovered may include, but not limited to, the following:
- Loss of earning capacity
- Pain and suffering
- Reasonable medical expenses
Torts may specifically include trespass, assault, battery, negligence, products liability and intentional infliction of emotional distress. Car accidents cases fall under the concept of negligent torts especially if one happens by failing to obey traffic rules.
Negligence, under the law, is failure to exercise due care. Applied in car accidents, when a driver fails to exercise the care that a reasonable, prudent person would exercise under the same circumstances, that driver is said to be negligent.
Legal claims can be filed against the driver who fails to exercise reasonable care under the circumstances. He will be required to pay for damages, to both person and property, due to his negligence.
However, the injured party must first establish negligence before such claim for compensation can be successfully made. Negligence can be established by proving each and all of the following elements:
- duty owed by the driver
- breach of that duty
- resulting injury or death
- such breach caused the injury or death
In particular, statutes that govern car accidents vary from one state to another. The law of the state where the accident occurs will generally be applied in accident claim suits. Many states also apply different principles in deciding amounts of compensation.
There are states, which apply Pure Comparative Fault in measuring damages. Under this rule, the amount of damages given to an injured person is reduced by the percentage of his fault. Some applies “51% Proportional Comparative Fault” or “50% Proportional Comparative Fault”.
The first bars recovery of damages if the injured party is 51% at fault in causing the car accident. While the second allows recovery of damages if the injured party is 50% at fault during the accident. To know more about your rights regarding Car Accidents under the California Law, call our toll-free number and we will gladly provide you assistance.