Automobile Accident Claims
I was in a car accident, but it may be partially
my fault. Will this make a difference with regard to what damages
ultimately are awarded?
In the past the rule was that if you could prove the other driver
contributed in any way to the accident, he or she could be totally
barred from recovering anything from you. But California has rejected
such harsh results and instead look at the comparative fault of
the drivers. If a jury finds that you were negligent and that your
negligence, proportionally, contributed 25 percent to cause the
injury and that the defendant was 75 percent at fault, the defendant
would be responsible for 75 percent of your damages, or $75,000
if your damages totaled $100,000.
A neighbor who rides with me to work was injured
when I got into a car accident. Should I pay her medical bills?
In California, no-fault automobile insurance would protect you--and
often passengers in your car--by compensating those injured up to
a specified level, regardless of who was at fault in the accident.
I received an injury when the bus I ride to
work was involved in an accident. Is the bus company at fault?
It's likely. "Common carriers"--bus lines, airlines and
railroads--transport people for a fee, owe their passengers "the
highest degree of care" and are held to have a special responsibility
to their passengers. Common carriers must exercise extra caution
in protecting their riders and do everything they can to keep them
safe. Whether you win your case will depend on the circumstances
of the accident. Did the driver pull out in front of a car and have
to slam on the brakes? What were the road conditions? A jury will
have to consider those factual circumstances to determine if your
driver acted negligently. But as an employee of a common carrier,
the driver must provide you with a high degree of care. (If the
bus were hit by another car, the other driver may also be liable
for your injuries.)
I was in a car accident during my pregnancy
and my baby was born with a deformity as a result of injuries from
the accident. Does my child have any legal recourse?
California will permit an action by a child for the consequences
of such prenatal (before birth) injuries. Most courts also will
allow a wrongful death action if the baby dies from the injuries
after birth.
I was hit by a car driven by a drunk driver
who was going home after a night out. What can I do, in addition
to suing the drunk driver?
In California you may be able to recover from the tavern owner where
the drunk driver was served the liquor. Such acts usually come into
play when intoxicated people served by the bar later injure somebody
while driving. Some of those laws also make tavern owners liable
when drunk customers injure others on or off the premises.
My wife was injured when her car was hit by
one being driven by some kids who had been drinking at the home
of our neighbor. May I take any action against the neighbor, who
supplied the liquor to the youths?
Possibly. Courts have imposed liability against such neighbors or
parents when they have served liquor to minors. Parents can be liable
for negligent supervision of their children. But as a general rule,
courts have said that social hosts are not responsible for the conduct
of their guests, unless the hosts routinely allow guests to drink
too much--or take illegal drugs-and then put them into their cars
and send them out on the highway.
I was injured when my automobile collided
with a truck driven by a delivery person. Can I recover damages
from the driver or the employer?
You may be able to recover from both. Under a form of strict liability,
known as vicarious liability, you probably can recover from the
deliveryperson employer. Under the law, employers may be held liable
to third persons for acts committed by employees within the scope
of their job. Although the employer was not negligent, it becomes
indirectly liable for the negligence of its employee. Was the employee
making a delivery when the accident occurred? If so, the employer
is liable, since deliveries clearly is part of the driver's job.
But if the employee first stopped at a restaurant for drinks and
dinner with friends, the employer may be able to escape liability.
A car ran
over my dog. Can I recover from the driver?
Yes, you might win a lawsuit. A dog is property, and you have suffered
property damage. You will have to show that the driver was negligent.
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