Drivers that are in the flow of traffic are usually considered to have the right-of-way in California. This means people backing out of a driveway must yield. However, a driver who is speeding or driving recklessly could also bear some liability for a collision.
Exiting a Driveway Dangers in California
Safe drivers face plenty of threats to their safety when traveling California roads, but they also probably feel a bit vulnerable just backing out of their own driveways.
Finding a clear moment to exit your driveway to enter a busy boulevard can be challenging. In general, the burden is on you to monitor vehicles and pedestrians in order to find a safe moment to back out and join traffic.
California Vehicle Code requires that drivers use care when either backing out of a drive or starting from a parked position:
Vehicle Code 22106 CVC: “No person shall start a vehicle stopped, standing, or parked on a highway, nor shall any person back a vehicle on a highway until such movement can be made with reasonable safety.”
However, the drivers on the road in the flow of traffic are also held to a “duty of care” to keep you safe. That means that if they are speeding or otherwise proceeding recklessly, they may be assigned some or all of the fault in your accident.
Sharing Fault In California Traffic Accidents
California follows the legal concept of “pure comparative negligence.” It means that drivers in the state can share the fault in an accident.
When liability is divided, a driver can be found 99% at fault for an accident or 1%, or anywhere in between. Other drivers would have to accept whatever share was assigned to them.
A driver going 25 mph over the speed limit on your block might face 80% of accident responsibility. You might face 20% of the blame over not yielding the right-of-way. You could still earn considerable compensation for your injuries, but any award you received would be reduced by your 20% of fault.
A Free Consultation with a California Car Accident Lawyer
Of course, if you had a California Car Accident Lawyer working for your benefit, your attorney would work to prove you deserved a much smaller percentage of the blame or none at all. Your lawyer would probably argue that if the reckless driver hadn’t been going so fast, there would have been an accident.
Call Maison Law to schedule a free consultation over any accident involving your car backing out of a driveway. An insurance company may tell you that you are fully responsible for what happened, but that’s not always the case. Find out what your case is worth and the benefits available to your family after an accident.
Compensation Available After a Driveway Backing Accident
Holding a speeding driver 100% responsible or even 50% to blame is still enough to earn you a sizable award to help pay your medical bills and other hardships you face. You’ll likely need all support you can earn as you face days or weeks of injury care and physical therapy sessions.
These are just some of the hardships your California car accident lawyer would include in your claim for damages:
- Hospital and rehabilitation expenses now and charges for care expected to be necessary in the years ahead.
- The enormous expenses you’ll rack up while learning to live with a permanent physical disability. Lifetime care, medical device upgrades, home and office renovations, and even education for a new career should all be costs factored into an insurance settlement.
- Emotional distress, such as depression and anxiety. The loss of enjoyment of life is also factored in.
- Travel costs for transportation to doctor and physical therapy appointments.
- Past and future lost earnings while missing work. This can include lifelong support for you and your family in the case of a long-term injury.
- Physical pain and suffering.
Statute of Limitations on California Driveway Accidents
California grants motorists hit while leaving their driveways up to two years to file an injury claim. This may seem like a long time, but it’s important to move quickly to give your California car accident lawyer the best chance of building a strong case for you.
Your attorney will be investigating your accident and securing documents that prove that you weren’t to blame for your collision. Delaying your consultation with a skilled California Car Accident Attorney may make it harder to collect fresh evidence and track down witnesses. Any security camera footage or dashcam evidence may also be erased before you take action and allow your personal injury lawyer to begin working on your case.
Contact a California Driveway Accident Lawyer
California motorists have to beware of careless drivers on every freeway and boulevard. But they shouldn’t have to fight speeding and aggressive drivers just to pull out of their own driveways. If you are injured in an impact while trying to leave your home, please discuss what happened with a skilled California personal injury lawyer.
If you or a loved one are hurt anywhere in Fresno County please contact an experienced Fresno car accident lawyer such as Martin Gasparian for a free case evaluation. Mr. Gasparian works with victims and their families to make sure they have everything necessary to rebuild their lives after a devastating accident.
