Driving on the shoulder to bypass traffic in California is not only illegal, but it can also lead to serious accidents and injuries. If a driver engages in this behavior, it may be seen as reckless or negligent driving, depending on the circumstances, and can have significant legal consequences in a California personal injury case.
Here’s a breakdown of how driving on the shoulder to bypass traffic impacts a personal injury case in California:
Legal Implications of Driving on the Shoulder:
- Violation of California Vehicle Code:
- California Vehicle Code Section 21755 specifically prohibits driving on the shoulder to bypass traffic, unless certain conditions are met, such as when a vehicle is stopped for an emergency or if the shoulder is designated as a temporary driving lane by traffic authorities (for example, in the case of a traffic incident where temporary measures are in place).
- In most cases, driving on the shoulder is an illegal maneuver, and if it results in an accident, the driver can be held liable for violating the law. This violation can be considered negligence per se (negligence established by the violation of the law), meaning that the violation itself is sufficient to prove negligence in a personal injury case.
- Reckless Driving:
- Reckless driving occurs when a driver engages in actions that show a willful disregard for the safety of others. Driving on the shoulder to bypass traffic often involves aggressive driving behavior and puts other vehicles and pedestrians in danger.
- If the driver is intentionally using the shoulder to bypass traffic, especially in a manner that endangers others (e.g., speeding, cutting off vehicles, or swerving), this could rise to the level of reckless driving.
- In a personal injury case, reckless driving could increase the potential for punitive damages (damages meant to punish the wrongdoer and deter similar future actions), in addition to compensatory damages for medical bills, lost wages, etc.
- Negligence:
- Even if the driver does not engage in reckless behavior but simply drives on the shoulder in a moment of frustration or to avoid traffic, they may still be liable for negligence.
- Negligence occurs when a driver fails to act in a way that a reasonable person would under similar circumstances. Driving on the shoulder to avoid traffic can be seen as a failure to act reasonably, as it places other vehicles at risk, including pedestrians, cyclists, and other drivers.
- Causation and Liability:
- To win a personal injury case, the injured party must show that the defendant’s illegal or reckless actions (such as driving on the shoulder) directly caused the accident and injuries.
- For example, if a driver was using the shoulder to bypass traffic and collided with another vehicle that was properly traveling in the lane, the plaintiff could argue that the defendant’s use of the shoulder created a dangerous situation that directly led to the crash.
- This is especially significant if the driver on the shoulder collided with vehicles that were not expecting someone to be there, causing accidents or forcing them into unsafe maneuvers.
- Evidence of the Violation:
- Witness Testimony: Eyewitnesses, including other drivers or passengers, can provide testimony about how the defendant was using the shoulder and how it caused or contributed to the accident.
- Police Reports: If law enforcement arrives at the scene, they may cite the driver for illegal use of the shoulder, which would be important in establishing fault in the personal injury case.
- Dashcam Footage: If other drivers or vehicles involved in the incident have dashcams, the footage could clearly show the defendant driving on the shoulder, bypassing traffic, and potentially causing the accident.
- Traffic Camera Footage: Some freeways have traffic cameras that could capture the defendant’s vehicle using the shoulder to bypass traffic. This footage would provide strong evidence in proving liability.
- Accident Reconstruction: In cases of serious accidents, experts can reconstruct the accident scene and use evidence (like vehicle damage, skid marks, and witness statements) to show that driving on the shoulder was a factor that led to the crash.
- Comparative Fault:
- California follows a comparative fault system, which means that if the injured party (plaintiff) was partially at fault for the accident (for example, if they were also speeding or not paying attention), their damages can be reduced by their percentage of fault.
- However, even if the injured person contributed to the accident, they can still recover compensation as long as they are not more than 50% at fault. The comparative fault system could come into play if the plaintiff was also negligent, but the defendant’s use of the shoulder would likely be considered a more significant factor in the accident.
- Insurance Implications:
- If the driver who used the shoulder to bypass traffic was at fault, their insurance may be required to cover the damages. However, if the insurance company disputes liability or argues that the injured party was partially at fault, it may complicate the process of getting compensation.
- If the responsible driver has insufficient insurance (or no insurance at all), you may be able to pursue compensation through your uninsured/underinsured motorist coverage, assuming you have this type of coverage in your policy.
Types of Damages in a Personal Injury Case Involving Shoulder Use:
- Medical Expenses:
- You can recover compensation for any medical expenses related to the accident, including emergency room visits, surgeries, rehabilitation, physical therapy, and ongoing medical treatment.
- Lost Wages:
- If you had to take time off work due to the injuries sustained in the accident, you may be entitled to compensation for your lost income. If the injuries prevent you from working in the future, you can claim compensation for future lost wages.
- Pain and Suffering:
- Pain and suffering damages can cover the physical pain, emotional distress, and diminished quality of life caused by the accident. This can also extend to mental anguish, anxiety, and other psychological impacts.
- Property Damage:
- If your vehicle was damaged in the collision, you could recover compensation for the repairs or replacement of your vehicle.
- Punitive Damages:
- If the defendant’s actions were particularly egregious, such as using the shoulder in an aggressive or reckless manner (for example, speeding or weaving through traffic), you may be entitled to punitive damages, which are meant to punish the wrongdoer and deter future misconduct.
Steps to Take After an Accident Involving Driving on the Shoulder:
- Call the Police:
- Always contact law enforcement to report the accident, especially if the other driver was breaking traffic laws. The police report will document the incident and may include details of the violation, which could be crucial in establishing liability.
- Document the Scene:
- Take photos of the scene, including the position of the vehicles, any damage, traffic signs, and any other relevant details. If there are signs indicating that the shoulder should not be used, photograph those as well.
- Seek Medical Attention:
- Even if you feel okay after the accident, it’s important to see a doctor. Some injuries, like whiplash or internal injuries, may not be immediately obvious but can worsen over time.
- Consult an Attorney:
- An experienced personal injury attorney can help you navigate the legal process, gather evidence, negotiate with insurance companies, and, if necessary, represent you in court. They will ensure that you recover the full compensation you are entitled to.
- Keep a Record:
- Document your medical treatments, lost wages, property damage, and any other expenses resulting from the accident. This will help build your case for compensation.
Conclusion:
Driving on the shoulder to bypass traffic is dangerous and illegal in California, and it can result in serious accidents. If you’ve been injured in an accident caused by another driver’s reckless use of the shoulder, you may have a valid personal injury claim. By gathering evidence, seeking medical attention, and consulting with an attorney, you can pursue compensation for your injuries, medical bills, lost wages, and other damages.
Law Offices of James R. Dickinson – 909-848-8448
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