Blocking other vehicles from passing — also known as “impeding traffic” or “obstructing traffic” — can play a significant role in a California personal injury case, particularly if it contributes to or causes a motor vehicle accident. Here’s how it typically factors in:
🔹 1. Legal Duty and Negligence
Under California law, all drivers have a duty to operate their vehicles with reasonable care. Blocking other vehicles from passing could be considered negligent behavior if it:
- Violates traffic laws (e.g., Vehicle Code §21656 – slow-moving vehicles must allow others to pass).
- Creates an unsafe road condition or hazard.
- Is done intentionally or with road rage.
If a person is injured because another driver illegally blocked the road or refused to let vehicles pass safely, that conduct could form the basis of a negligence claim.
🔹 2. Comparative Fault
California follows a pure comparative fault rule (Civil Code §1431.2). This means that even if the injured person was partially at fault (e.g., they were speeding while trying to pass), they can still recover damages — but the award will be reduced in proportion to their share of fault.
Example:
- Driver A blocks a passing lane out of spite.
- Driver B, trying to pass, gets into an accident.
- If Driver A is 80% at fault and Driver B is 20% at fault, Driver B can still recover 80% of their damages.
🔹 3. Potential Legal Claims
In a personal injury lawsuit, the blocked vehicle’s driver may pursue:
- Negligence: for unreasonably obstructing traffic.
- Negligent or intentional infliction of emotional distress: if the conduct was particularly aggressive.
- Punitive damages: if the act was intentional or malicious (e.g., brake-checking or road rage).
🔹 4. Evidence That Can Support the Case
- Dashcam footage or surveillance video.
- Eyewitness testimony.
- Police reports citing the other driver for obstruction or reckless driving.
- Phone or text records (if road rage or communication was involved).
- Traffic laws that were violated.
🔹 5. Insurance Implications
Insurance companies will assess fault and may try to reduce payouts if they believe the injured party contributed to the accident. However, if another driver intentionally blocked traffic, this could strengthen the injured party’s claim significantly.
Law Offices of James R. Dickinson – 909-848-8448
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