Driver’s Rights | Modesto Car Accident Lawyer

Driver’s Rights After a Modesto Car Accident

As you are probably aware, California has numerous laws governing almost every aspect of how you are supposed to drive your vehicle. But which laws are meant to protect car accident victims’ right to recover damages after an accident?

The following laws are the framework for protecting injured drivers and determining fault after a car accident:

• Comparative Negligence Law: This law allows an injured party who shares fault for their injuries to receive compensation. Comparative negligence determines liability, assigning a percentage of fault to all parties involved. 
• California Law mandates that all drivers carry minimum liability insurance to cover damages in the event of an accident.
• California Civil Code 335.1: This law gives car accident victims two years from the day of their accident to file a personal injury claim to pursue compensation for damages.
• California Vehicle Code 20008: Drivers are required to report a car accident to police within 24 hours of being in an accident. Even if you were not at fault, you are required to report the accident to the police.
• Distracted Driving Law: Using your cell phone or similar electronic communication device while driving in California is illegal. Only hands-free communication is permitted while driving. If your accident was caused by a distracted driver, then you’ll have a strong case to recover necessary damages.

Proving Liability in a Modesto Car Accident

When dealing with car accidents, it is not always easy to prove fault. In some instances, there are multiple parties involved, as well as comparative negligence. Comparative negligence is when blame is divided amongst multiple “at-fault” parties, as stated within California’s Comparative Negligence Law:

“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”

Regardless of how many parties are involved, if you can prove that someone else’s negligence caused your injuries, you will most likely have a case. The following are four elements of evidence necessary to prove fault in a car accident in Modesto:

1. Had an obligation to act with reasonable care: If a person is driving on the road, they are expected to follow traffic laws, as well as be aware of other drivers on the road.
2. Breached their “duty of care:” The injured party (plaintiff) must demonstrate they were owed a duty of care by the person at fault (defendant). For example, in a car accident, the duty of care would have been ignored if a driver broke a traffic law and was driving dangerously before the collision.
3. Acted careless or reckless: If the driver failed to follow the law or safety protocols and caused another’s injuries, the plaintiff must prove the other’s careless or reckless actions resulted in harm to another.
4. Damages: The plaintiff must be able to prove they suffered damages such as medical bills, lost wages, loss of enjoyment of life, or mental trauma.

Proving Your Modesto Car Accident Claim: Negligence Per Se

If you can establish that a driver’s careless actions caused your accident, you may be able to establish “Negligence Per Se” and recover damages. Negligence Per Se means the driver broke the law, which directly caused your injuries.  Illegal U-turns, distracted driving, speeding, or running a red light typically come with citations, which will make proving “Negligence Per Se” fairly easy in court if your lawsuit goes to trial. Proving Negligence Per Se is much easier than proving negligence. 

Proving negligence usually involves an investigation to obtain video footage or witness statements. Sometimes, there is no available evidence, and your case becomes one person’s word over another’s. For this reason, it is important to report your accident to law enforcement the moment it happens and speak with Maison Law to understand your legal options. 

How Long After a Car Accident Can You File a Claim in California?

A car accident falls under personal injury law. So, much like all personal injury cases, the victim of the injury has two years from the date of the incident to file a personal injury claim. The two-year statute of limitation is covered in California Civil Code 335.1, which states:

“Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”

Exceptions to the Statute of Limitations in California

In most cases, the statute of limitations for car accidents begins on the date the injury took place. However, the time can vary based on the following facts:

• Injuries: An injury can take time to form or for the injured victim to become aware of their injury. The discovery of an injury can postpone the start date for the statute of limitations on a claim.
• Wrongful death: a person may lose their life at a much later date due to health complications from the accident. In this case, the victim’s family will be given two years from the day they lost their loved one to file a claim.
• The victim was a minor: if the victim was a minor at the time of the accident, the statute of limitations will be withheld until the minor turns 18. Once the passenger is 18, the two-year statute of limitations will start.

Are U-Turns Legal in Modesto?

U-Turns are when a driver makes a 180-degree turn onto a road that goes in the opposite direction. It is a common and legal maneuver in California that most drivers will perform from time to time if they’ve realized they’re going the wrong way or they need to turn back to get something they’ve left behind. However, there are illegal U-turns.

U-turns performed illegaly present a risk to other drivers. According to the California Vehicle Code 22102, a U-turn is illegal when:

• There is no U-turn sign
• At a railroad crossing
• In a business district
• On a one-way street
• In front of a fire station driveway or parking lot
• On a divided highway where there are double yellow lines or strips of land down the center

A U-turn in California is LEGAL when:

• Across a double line
• In a residential area while other cars are not within 200 feet
• At an intersection during a green light, as long as there are no signs indicating otherwise
• On a highway, if a divider opening is provided for turns and U-turns

When are U-Turns Illegal?

California Law addresses when U-turns can and cannot be made. While some places may seem like an accessible spot to make a U-turn, you might be violating the law if you attempt to change directions in these areas. U-turns are prohibited in the following spaces:

• Controlled intersections: drivers in California are not allowed to make U-turns at intersections with traffic control devices unless they do not have signs that prohibit them.
• Business districts: drivers going through business districts are not allowed to make U-turns at controlled intersections of business districts unless they do so from the left-most lane. This is covered in California Vehicle Code 22102.
• Residential districts: drivers may not make U-turns in residential districts unless vehicles that are approaching from the opposite direction are at least 200 feet away.
• Firestation driveways or parking lots: drivers may not use the driveways and parking lots of fire stations for the purpose of turning their vehicle around to drive in the opposite direction.
• Highways: To make a U-turn on a highway, you must have an unobstructed view before doing so. It is illegal for drivers to make U-turns on highways unless they can see for a minimum of 200 feet in both directions.

Average Modesto Car Accident Injury Settlement

The amount your car accident settles for is dependent on your economic and non-economic damages. These damages combined include:

• Hospital bills
• Current and future medical treatment
• Lost income
• Future lost earnings
• Physical therapy
• Surgery (if necessary)
• Pain and suffering
• Loss of enjoyment of life

In addition, the value of each of these damages will be dependent on the severity of the accident. The more severe your damages, the greater your compensation will be. For example, if your medical treatment costs more than $100,000, then it would not be out of the realm of possibility to request a settlement of over $100,000. However, it is important to note that each personal injury case is unique, and the outcomes can vary. Your best chance at receiving maximum compensation for your damages is by partnering with a trusted Car Accident Attorney.

What Factors Could Decrease My Car Accident Settlement in Modesto?

Understanding the factors that can potentially harm your case is essential to knowing the value of your lawsuit. While a highly experienced accident attorney will be able to highlight the reasons you deserve to be compensated, they will also work aggressively to protect you from the factors that could reduce your compensation. These include:

1. Comparative negligence: if you are found partially at fault, your settlement can be reduced by your percentage of liability. This is made clear in California’s Comparative Negligence Law which states:
   1. “Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
2. Pre-existing conditions: pre-existing medical conditions unrelated to the accident could complicate and potentially decrease the settlement.
3. Lack of strong evidence: the inability to prove the liable party’s fault or carelessness in the accident can undermine your case and reduce your settlement.
4. Delayed medical treatment: delays in seeking medical treatment after the accident may count against you as it implies your injuries were not that severe.
5. Inconsistent statements: inconsistencies in your statement or re-telling of the incident can hurt your credibility and diminish settlement prospects.

If you’re unsure about factors that could be a setback in receiving a fair settlement in your car accident claim, please do not hesitate to call, text, or email us at Maison Law. Our door is always open to car accident victims in Modesto and we would love to help.