If worn-out windshield wipers impair visibility and contribute to a car accident in California, the injured party may have grounds for a personal injury claim based on negligence or vehicle maintenance failures. Here’s how such a case is typically handled under California law:
⚖️ Legal Basis: California Personal Injury Law
1. Negligence
Drivers in California have a legal duty to maintain their vehicles in safe working condition. If a driver operates a car with ineffective windshield wipers—especially in rain or poor weather—this can be considered negligence if it leads to an accident.
To prove negligence, the injured party must show:
- Duty – The driver had a duty to drive safely and maintain equipment.
- Breach – The driver knowingly used worn-out wipers that impaired visibility.
- Causation – The poor visibility caused or contributed to the accident.
- Damages – The plaintiff suffered injury or loss.
2. Comparative Fault
California is a pure comparative fault state (Civil Code §1714). Even if the driver with worn-out wipers is partially responsible, they can still be held liable for their percentage of fault. For example:
- Driver A with bad wipers = 60% at fault
- Driver B who was speeding = 40% at fault
Damages are split accordingly.
3. Negligent Maintenance
Vehicle owners have a responsibility to perform basic maintenance, which includes replacing worn-out wipers when needed. Failure to do so—especially when it’s raining—can constitute breach of duty.
📸 Evidence That Supports the Case
- Photographs of worn-out wipers or post-accident conditions
- Weather reports showing rain or fog at the time of the accident
- Witness statements about impaired visibility
- Police report indicating weather or vehicle condition as a factor
- Maintenance records (or lack thereof)
- Dashcam footage (if available)
💰 Recoverable Damages
A successful plaintiff can seek compensation for:
- Medical bills
- Lost wages
- Pain and suffering
- Property damage
- Loss of earning capacity
- Emotional distress
⏳ Statute of Limitations – California
- 2 years from the date of injury (California Code of Civil Procedure §335.1)
- 6 months for administrative claims if a government vehicle or road was involved
✅ What To Do if You’re Involved
If You Were Injured by Another Driver:
- Get medical treatment immediately.
- Take photos of the scene and vehicles.
- Request a copy of the police report.
- Document weather conditions.
- Speak with a personal injury attorney.
If You’re the At-Fault Driver with Worn Wipers:
- Notify your insurance company.
- Do not admit fault; share only the facts.
- Preserve any vehicle maintenance records.
- Consider legal counsel, especially if injuries were serious.
Would you like help with drafting a demand letter, preparing a legal complaint, or researching case law in Californiathat deals with accidents caused by poor visibility or vehicle maintenance failures?
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].