Ignoring traffic signals and signs in California is a serious violation of the law and can be a major factor in a personal injury case. If a driver fails to follow traffic signals or signs, it increases the risk of accidents, injuries, and even fatalities. In California, this kind of behavior is not only negligent but can be deemed reckless in certain situations, especially if it leads to a crash.
Here’s a breakdown of how ignoring traffic signals and signs plays a role in a California personal injury case:
Legal Implications of Ignoring Traffic Signals and Signs:
- Violation of California Vehicle Code:
- The California Vehicle Code (CVC) sets forth rules regarding traffic signals and signs, and violating these rules can be grounds for negligence.
- CVC Section 21453: Requires drivers to obey red traffic lights and stop signals. A failure to stop at a red light is a violation of the law.
- CVC Section 22450: Requires drivers to stop at stop signs. Ignoring a stop sign at an intersection is a traffic violation and could result in an accident.
- CVC Section 21650: Requires vehicles to drive on the right side of the road unless a sign or signal directs otherwise. Not adhering to lane control signs can also be a violation.
- The California Vehicle Code (CVC) sets forth rules regarding traffic signals and signs, and violating these rules can be grounds for negligence.
- Negligence:
- Negligence in California personal injury law refers to when a driver fails to exercise the level of care that a reasonable person would in the same situation. Ignoring traffic signals and signs is an example of a driver not exercising reasonable care while driving.
- A driver who runs a red light, ignores a stop sign, or drives through a yield sign may be seen as contributing to the accident simply by their disregard for basic traffic laws that are in place to prevent crashes and injuries.
- Reckless Driving:
- In cases where a driver repeatedly ignores traffic signals and signs or does so in a dangerous or high-speed manner, their actions could rise to the level of reckless driving.
- Reckless driving is defined by the California Vehicle Code Section 23103 as driving with a willful disregard for the safety of others. This can include running red lights or stop signs at high speeds or in heavy traffic, where such behavior clearly endangers others.
- In a personal injury case, reckless driving can make the at-fault driver more liable and can lead to punitive damages (damages meant to punish the defendant and deter similar behavior).
- Causation and Liability:
- Causation means that the violation of traffic signals or signs directly caused the accident and the resulting injuries.
- To win a personal injury claim, the injured party must show that the defendant’s failure to obey traffic signals and signs was a proximate cause of the accident.
- For instance, if a driver runs a red light and collides with another vehicle, the violation is directly related to the crash. The injured driver can claim that the defendant’s failure to stop at the red light caused the crash and their injuries.
- Liability will be placed on the driver who ignored the traffic signals or signs, as their negligent or reckless actions directly contributed to the accident.
- Evidence of Violation:
- Witness testimony: Eyewitnesses, including passengers or other drivers, can testify about the violation of traffic signals or signs. Their statements can help prove that the defendant ignored traffic laws.
- Police reports: If the police responded to the scene of the accident, their report may include information about the traffic violation, which can serve as evidence in your case. If the driver was cited for running a red light or disregarding a stop sign, that could strengthen your claim.
- Traffic camera footage: In some areas, traffic signals and intersections are monitored by cameras. If the intersection has a red light camera or other surveillance, it may capture the violation of traffic signals and help establish fault.
- Dashcam footage: If the vehicles involved have dashcams, the footage could show the driver’s actions before, during, and after the incident. Dashcam footage can clearly demonstrate whether the defendant ran a red light or ignored a stop sign.
- Accident reconstruction: In serious accidents, experts may reconstruct the scene to determine the exact cause of the crash. For example, they can analyze the damage to the vehicles, skid marks, and other evidence to show that the failure to obey traffic signs or signals contributed to the crash.
- Comparative Fault:
- California’s comparative fault system means that if the injured party (plaintiff) is partially at fault for the accident (for example, if they were speeding or not paying attention), their damages may be reduced by their percentage of fault. However, even if the plaintiff is partially at fault, they can still recover damages as long as their fault is less than 51%.
- If the defendant was the primary cause of the accident by ignoring traffic signals or signs, they will be held liable for the majority (or all) of the damages, even if the plaintiff shares some degree of fault.
- Insurance Implications:
- In personal injury cases, the insurance companies of both parties will investigate the cause of the accident. If it’s clear that the defendant ignored traffic signals and signs, their insurance may cover the damages.
- However, if the defendant’s insurance denies liability or attempts to place blame on the injured party, it could lead to legal disputes. In such cases, having legal representation becomes even more important to ensure that the injured party is compensated appropriately.
Types of Damages in a Personal Injury Case Involving Ignoring Traffic Signals or Signs:
- Medical Expenses:
- You can recover compensation for medical costs related to your injuries, such as hospital stays, surgeries, prescription medications, physical therapy, and future medical expenses if the injuries are long-term or permanent.
- Lost Wages:
- If you had to miss work due to the injuries sustained in the accident, you can claim compensation for your lost income. This includes both past wages and future lost earnings if you are unable to return to work in the same capacity.
- Pain and Suffering:
- Pain and suffering compensates for the physical pain, emotional distress, and reduced quality of life resulting from the injuries. This includes both the immediate pain and any long-term effects, such as chronic pain, mental anguish, and psychological trauma.
- Property Damage:
- If your vehicle was damaged or destroyed in the accident, you can recover compensation for the repair or replacement costs.
- Punitive Damages:
- If the defendant’s actions were especially reckless, such as running multiple red lights or ignoring stop signs in an aggressive manner, punitive damages may be awarded. These are meant to punish the defendant and deter future misconduct.
Steps to Take After an Accident Involving Ignoring Traffic Signals or Signs:
- Call the Police:
- Always report the accident to the police, especially if the other driver violated traffic laws. The police will create a report that documents the violation and can provide important evidence in your case.
- Document the Scene:
- Take photos of the accident scene, including traffic signals or signs, vehicle damage, skid marks, and the overall layout of the intersection or roadway. If possible, get the names and contact information of any witnesses.
- Seek Medical Attention:
- Even if you don’t feel injured immediately, it’s important to get checked by a doctor. Some injuries (like whiplash or internal injuries) may not show symptoms right away, and timely medical documentation will support your claim.
- Consult an Attorney:
- A personal injury attorney will help you gather evidence, communicate with insurance companies, and negotiate a settlement. If necessary, they can also represent you in court.
- Keep a Record:
- Document all of your medical expenses, lost wages, and other costs related to the accident. Keep track of any physical or emotional difficulties you experience due to your injuries.
Conclusion:
Ignoring traffic signals and signs in California can lead to accidents and significant personal injury. In these cases, the driver who violated traffic laws may be held liable for the damages caused by their actions. If you’ve been injured in an accident caused by a driver running a red light, disregarding a stop sign, or ignoring other traffic rules, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and other damages.
Law Offices of James R. Dickinson – 909-848-8448
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