If Driver A attempts to pass another car on the right in California, and this maneuver leads to a collision or personal injury, it can have serious legal and liability implications. Here’s a breakdown of how California law treats such situations, along with potential next steps in the case:
🚗 California Personal Injury Case: Driver A Attempts to Pass on the Right
⚖️ Legal Liability
- Illegal Passing (California Vehicle Code Violation):
- Under California Vehicle Code § 21755, drivers are not allowed to pass on the right unless there is enough clear space (e.g., when the vehicle being passed is making a left turn or when there are multiple lanes in each direction).
- If Driver A attempts to pass on the right when it’s not permitted (such as in a single-lane road or without enough clearance), they are committing an illegal maneuver.
- Driver A’s actions may be considered negligence, and they can be held responsible for any resulting damages or injuries caused by the collision.
- Comparative Fault:
- If Driver A is found to be at fault for attempting to pass improperly, they would likely be fully responsible for damages.
- However, California follows comparative negligence laws, meaning if Driver B (the car being passed) was also at fault (e.g., for erratic driving, failing to signal a turn, etc.), Driver A’s liability could be reduced proportionally.
- Key Elements of Fault:
- Driver A’s behavior (attempting an illegal pass) is likely to be a primary factor in determining fault.
- However, Driver B’s actions (such as making an unsafe lane change or failing to signal) could be a factor in determining comparative fault.
🩺 Common Injuries in Passing Accidents
The injuries resulting from a side collision or attempted pass on the right depend on the nature of the crash, but they can include:
- Whiplash and neck injuries
- Back and spinal cord injuries
- Fractured bones (especially in side-impact crashes)
- Concussions or head trauma (if the collision leads to a vehicle rollover or abrupt stops)
- Emotional distress, anxiety, or post-traumatic stress
💰 Damages You Can Pursue
Economic Damages:
- Medical bills (both immediate and long-term treatment)
- Lost wages and loss of earning capacity
- Vehicle repair or replacement costs
- Any future medical costs if the injury requires ongoing care
Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life (if the injury impacts personal or recreational activities)
📝 Important Evidence to Strengthen the Case
- Police Report: Documenting the illegal passing violation and details of the crash.
- Eyewitness Testimony: Passengers or witnesses who saw the maneuver and the accident.
- Dashcam or Traffic Camera Footage: If available, it can provide a visual record of the maneuver and the crash.
- Photos of the Damage: Showing the vehicle positions and extent of the collision.
- Medical Records: To demonstrate the injuries sustained in the crash.
✅ Next Steps for the Injured Party
- Get immediate medical attention (even for minor injuries) and keep thorough documentation of treatment.
- Obtain the police report and ensure that the illegal passing is noted.
- Document damages (vehicle, personal injuries, lost wages, etc.).
- Consult with a personal injury attorney for guidance, especially if the case involves complicated liability issues or if the insurance company is offering a low settlement.
- Avoid speaking directly to the at-fault driver’s insurance company without legal counsel, as they may try to settle quickly and minimize payout.
Law Offices of James R. Dickinson – 909-848-8448
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