Can You Sue for Negligence in a Car Accident?

Yes. The at-fault driver’s insurance company is liable for damages, so if a car accident claim is refuted or a fair settlement is not offered, a lawsuit may be filed. However, it must be evident that the other driver’s “negligence” caused the car accident.

Proving negligence can be challenging without the proper legal expertise. Here is what you need to know if you intend to pursue a claim against the other driver. For additional questions or concerns about your case, you can always schedule a free consultation with a car accident attorney from our firm, Attorney Jeff Car Accident Lawyer.

The Importance of Proving Negligence in a Car Accident Case

Negligence is the failure to behave with the level of care expected of a reasonable person in similar circumstances. For example, drivers are expected to operate their vehicles in a safe manner and follow traffic laws, so a reckless act like running a red light would be considered negligent.

To establish negligence, the injured party (the plaintiff) must demonstrate that the defendant (the accused at-fault driver) failed to drive safely and prevent an accident.

Regardless of how apparent liability appears, proving negligence is not always straightforward. Therefore, consulting an auto accident attorney can ensure a successful case outcome.

When to Sue Someone Personally for a Car Crash

In some cases, this may be the best option to recover compensation. Most car accident claims are settled out of court through the insurance companies of the drivers involved in the incident.

However, in some instances, the victim may need to sue the other driver to recover the maximum damages the plaintiff suffered as a result of the defendant’s negligence. Here is when to consider suing for negligence:

Losses Exceed Policy Limits

When serious injuries, like traumatic brain injuries (TBI) or spinal cord injuries, are sustained, the cost of medical needs and other damages will sometimes exceed the at-fault party’s insurance policy limits.

The expense of continuous care for catastrophic injuries can drastically affect a victim’s quality of life. Therefore, filing an auto accident lawsuit may be essential to recover damages and avoid out-of-pocket expenses.

These expenses may include current and future medical costs, as well as compensation for a diminished quality of life.

The Auto Accident Claim Is Denied

When an insurance claim is denied, or the settlement offered is insufficient, it means that the insurance company is not willing to adequately cover the costs associated with medical bills, property damage, lost wages, and pain and suffering experienced as a result of the accident.

If the insurance company representing the at-fault driver denies the claim or presents an inadequate settlement, taking legal action against the other driver may be necessary.

Suing the insurance company is not an option, but filing a lawsuit against the negligent driver allows the opportunity to present the case before a judge and jury to seek fair compensation for the damages suffered.

The At-Fault Driver Is Uninsured

When an uninsured driver causes an accident, the victim can sue. However, winning a lawsuit against uninsured drivers may not result in full compensation for the victim, as they typically lack significant assets.

If considering legal action, a skilled auto accident attorney can navigate the complex claims process, evaluate the case, assess damages, and pursue compensation on a client’s behalf. They can also advise the best course of action and provide a realistic assessment of the chances of recovering maximum compensation through a personal injury lawsuit.

An Alternative to Filing a Lawsuit

After an accident with an uninsured driver or a driver who lacks sufficient insurance coverage, victims can use their own insurance to compensate for some damages, like medical expenses and property damage.

This is possible if their policy includes uninsured motorist (UM) or underinsured motorist (UIM) coverage. However, this policy only covers up to a certain amount, so the victim may still be left paying for some damages out-of-pocket.

California law requires insurance providers to offer this coverage with all auto insurance policies issued in the state. However, UM/UIM coverage is optional. While it is automatically included in every auto insurance policy, the policyholder must opt out of it in writing.

How to Prove Negligence in a Car Accident Case

Accident victims have the legal right to file an insurance claim against the driver who caused the crash. However, the following four key elements of negligence must be proven.

1. Establishing the Duty of Care

The first element of negligence is to establish that the other party owed a duty of care. This is the responsibility to exercise reasonable care or act in a manner that a reasonable person would under similar circumstances.

In car accident cases, drivers have a duty of care to obey traffic laws and operate their vehicles in a reasonably safe manner.

2. Demonstrating the Breach of Duty

After establishing that a duty of care was owed, it must be demonstrated how the other party violated the responsibility to uphold it. This may be evident by the other driver neglecting to adhere to traffic regulations, maintaining a safe distance between vehicles, driving at the speed limit, or engaging in other behavior that jeopardizes other road users’ safety.

Evidence, such as police reports, witness statements, photos or videos of the accident scene, and video surveillance from street cameras or dashcams, will support the claim that the other driver was negligent.

3. Indicating Causation

To establish causation, the injured party must show that the other driver’s breach of duty caused the accident that led to the resulting injuries and other damages. It must be demonstrated that the breach directly caused or contributed to the accident.

Expert testimony from accident reconstructionists can be used to link the other party’s negligence to the cause of the accident. Additionally, medical records and testimony from medical specialists can be utilized to prove both the extent of the physical injuries and that they were directly caused by the car accident.

4. Presenting Damages

The personal injury accident must have resulted in a form of loss, like economic damages or non-economic damages.

Therefore, it must be demonstrated that the car accident caused actual harm or damages due to the other driver’s negligence. Common examples of this include medical care costs, property damage, or pain and suffering.

Common Examples of Negligence in a Car Accident Claim

Under California law, establishing negligence is crucial to determining fault in personal injury cases. In the context of motor vehicle accidents, here are common examples of negligent driving behaviors that could result in a lawsuit:

Speeding or driving below the speed limit
Running a red light or stop sign
Tailgating or not maintaining a safe following distance
Failing to yield to other drivers or pedestrians
Drunk driving
Driving under the influence of drugs, including prescription or over-the-counter medications
Driving while tired or fatigued
Texting and driving or other cell phone use
Aggressive driving or “road rage”
Switching lanes without signaling
Failing to uphold vehicle maintenance

Can I File a Car Accident Lawsuit if I’m Also at Fault?

While some cases are straightforward, suing for negligence can become complex if both parties share responsibility for the traffic accident.

California follows a “pure” comparative negligence rule when both parties contribute to a personal injury accident, such as a car crash. Under this rule, a plaintiff’s compensation may be reduced based on how much negligence contributed to his or her own injuries or caused the incident.

For example, if the plaintiff is deemed 10% responsible for causing his or her own injuries due to not wearing a seatbelt and was initially awarded $20,000 in damages, only $18,000 can be collected.

California follows the rule of pure comparative negligence, which means that all parties involved in the accident who contributed to it may be held liable. When an accident involves shared fault, it is crucial to collaborate with an experienced attorney. This helps to prevent insurance companies from unfairly attributing more blame to the victim.

California Negligence Law FAQs

Understanding the various case complexities is crucial in a car accident case, as it can impact potential compensation. Here are some of the most common questions that arise during case proceedings.

Is it worth it to sue someone after a car accident?

If either your or the other driver’s insurance policy has reached its limits, but there are still pending financial concerns regarding ongoing medical treatment or other expenses, it may be worth it to sue the other driver for additional compensation. An auto accident attorney can advise the best course of action.

What is negligence law?

California’s negligence law safeguards individuals harmed by others’ carelessness. It mandates that the plaintiff demonstrate the defendant’s duty of care, breach of that duty, and resulting damages. Meticulous documentation and legal expertise are essential for successful personal injury claims.

How do I prove negligence in California?

Proving negligence requires establishing four elements: duty, breach, causation, and damages. This involves demonstrating that the defendant had a legal duty to act in a reasonable manner, breached that duty, caused the accident, and the accident resulted in damages to the plaintiff. A thorough investigation and collection of evidence can prove the four elements of negligence.

What damages can car accident victims recover?

Recoverable damages may include medical expenses, lost wages, pain and suffering, property damage, rental car costs, and additional household expenses (childcare, household upkeep help, and home modifications). Damages depend on the circumstances of the case and the severity of the injuries. Ultimately, the victim is entitled to any accident-related expenses suffered as a result of the other party’s negligence.

How long do I have to file a claim?

In California, the deadline for filing an insurance claim is typically two years from the date of the injury. However, exceptions or specific circumstances may impact this timeframe, either extending it or significantly reducing it to just six months. If the filing period is missed, the right to pursue damages is forfeited.

How the California Vehicle Codes Affect Negligence

The California Vehicle Code is essential for understanding negligence in car accidents because it establishes traffic laws and the rules of the road. A driver may be found negligent if they did not obey traffic laws or violated any of the following California Vehicle Codes:

Section 22350: Speed limits
Section 22349: Following too closely
Section 21453: Failure to stop at a red light
Section 21454: Failure to stop at a stop sign

A Car Accident Lawyer Can Help

Immediately following an accident, consulting with a car accident attorney can greatly benefit your claim. At Attorney Jeff Car Accident Lawyer, our experienced legal team can establish negligence, deal with the insurance company, and help you recover the maximum compensation.

After an accident, Jeff’s got you. Schedule a free consultation and speak with one of our personal injury lawyers today.