A Code 669 refers to evidence needed in a personal injury case. This code directly refers to the Negligence Per Se doctrine, which makes it easier for injured victims to prove fault.
Negligence Per Se applies when someone breaks the law, and their act of breaking the law directly caused your injuries. Let’s say, for example, a driver ran a red light and hit you, causing you to suffer injuries. Running a red light is against the law. So, an officer is called to the scene and writes the driver a citation for running the red light. That citation already proves the driver was being negligent, so in this case, Negligence Per Se would apply.
Evidence Code 669 is by far the most frequently used code in civil matters because it is such a simple and straightforward way of proving fault.
Code 669 and Traffic Accidents
This doctrine is especially useful in traffic violations because the majority of traffic violations are captured on camera or come with a citation. The most common cases where Negligence Per Se is used include:
- Car accidents: Running a red light (Vehicle Code violation), speeding, DUI, texting while driving, or failing to yield often trigger negligence per se in a civil case.
- Hit-and-runs: Leaving the scene of an accident (Vehicle Code § 20001 et seq.) can establish presumed negligence.
- Premises liability: Violating building codes or safety regulations in slip-and-fall cases.
- Other scenarios: Workplace safety rules, product liability standards, or environmental regulations.
In these situations, the plaintiff doesn’t need to prove the defendant was “careless” in a general sense because the fact that a law was broken already proves negligence.
How Do Insurance Companies Know Who is at Fault in a Car Accident?
According to California Vehicle Code 20008, drivers are required to report the incident to police within 24 hours of being in an accident. If the drivers involved in the accident are unable to contact law enforcement, then other drivers will typically call it in. Police will file a police report of the accident, which details what the officer can see at the scene of the accident and determines fault based of the officer’s current evidence. The police report plays a large role in determining fault in your accident as it is the officer’s duty to hand out tickets to any driver who violated the law. A law violation in an accident typically makes assigning fault in an accident very easy.
The drivers involved in the accident have a responsibility to notify their insurance companies of the accident. The insurance companies will then assign the claim to one of their insurance adjusters. The insurance adjuster will talk to both parties involved, and review the police report and medical bills. Once the adjuster has reviewed all the evidence, then they will assign fault for the accident.
However, it is important to note that insurance companies do not have the final say in who is at fault. Ultimately, fault can only be assigned by a judge or a jury in court. If you disagree with the fault determined by the insurance adjuster, you can always dispute the claim in court.
Contact a California Personal Injury Lawyer
If you or a loved one has suffered injuries due to a careless act or hazardous condition in California, the attorneys at Maison Law are here to help. We’ll aggressively pursue fair compensation on your behalf and protect you from liability. Too often, insurance companies try to blame injured victims for causing their own injuries, or they’ll attempt to resolve a case by offering them a “low-ball” settlement. At Maison Law, we believe you deserve better.
To get the compensation you need after a personal injury, contact Maison Law today for a free, no-obligation consultation and case evaluation. There are no upfront fees, and you don’t pay a cent unless we win your case.
