Ignoring traffic signals and signs in a California personal injury case is one of the strongest forms of evidence to establish negligence, and potentially negligence per se. Here’s how it plays out from a legal standpoint:
🔷 1. Violating Traffic Laws = Negligence Per Se
📜 California Vehicle Code (CVC):
- §21453: Running a red light
- §21457: Ignoring flashing signals
- §22101: Failing to obey turn or lane signs
- §22450: Failing to stop at a stop sign
When someone causes an accident while ignoring any of these traffic control devices, they are violating state law, which can trigger negligence per se — a legal doctrine that says:
If a person violates a safety law and causes the type of harm the law was designed to prevent, they are presumed negligent.
✅ For the injured person:
You only need to prove:
- The other party violated the law.
- That the violation caused the accident.
- That you suffered injury as a result.
🔷 2. Common Scenarios in These Cases
- Running a red light and T-boning a vehicle legally crossing.
- Failing to stop at a stop sign and rear-ending or side-swiping someone.
- Ignoring yield signs and cutting off oncoming traffic.
- Disobeying one-way or no-turn signs.
These are high-liability situations and frequently lead to serious injury claims.
🔷 3. Comparative Fault
Even in a clear traffic violation case, the defense might argue comparative fault under California’s pure comparative negligence system.
Example:
- Driver A runs a red light.
- Driver B is speeding or not wearing a seatbelt.
- A jury finds Driver A 80% at fault and Driver B 20% — damages awarded to Driver B are reduced by 20%.
🔷 4. Evidence to Strengthen Your Case
- Traffic camera footage
- Dashcam recordings
- Witness testimony
- Police report noting traffic signal/sign violation
- Black box/vehicle data
- Intersection schematics or Google Maps images showing signage
🔷 5. Damages You May Be Entitled To
- Medical bills (emergency, rehab, future treatment)
- Lost income or reduced earning capacity
- Pain and suffering
- Vehicle repair or replacement costs
- Punitive damages (in cases of gross negligence or DUI)
🔷 6. Insurance Company Tactics
Insurance adjusters often:
- Try to minimize your injuries or claim you were partially at fault.
- Push for low settlements even when liability is clear.
If the other driver ignored a traffic signal/sign, that’s powerful leverage in both negotiation and trial.
✅ Key Legal Strategy
- Use the statutory violation as the backbone of your negligence claim.
- Get the police report and video evidence ASAP.
- Be proactive in proving damages, especially non-economic losses.
Would you like help drafting a:
- Demand letter to the at-fault driver’s insurer?
- Complaint for personal injury in court?
- Or do you want help responding to an insurance company denial or lowball offer?
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
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