California auto accident laywer

California Auto Accident Attorney – Get the Max Settlement

TheCalifornia auto accident lawyersat Shouse Law Group assist crash victims tofile a claim and get financial compensation. We can help you get all themedical treatmentyou need. Even if youhave no health insurancecoverage or can’t afford the copays.

We manage everything. So you canfocus on recoveringand getting your life back.

Motor vehicle accidentsare the most common cause of personal injuries in the United States. Every year, nearly 2 million people are injured in motor vehicle crashes. More than 200,000 people are injured each year just in California.¹Auto crash injuries in Californiacan cost victims tens of thousands of dollars in:

Thedriver who was at faultfor causing the collision isliableto the other drivers or passengers for their injuries or damages.Faultin a California car crash is based on which driver wasnegligent in causing the accident. However,even when you were partly at fault, you may still be able to recover some damages from the other driver.

Not all vehicle wrecks in California are caused bynegligent drivers. Collisions can also be caused bydefective car parts,hazardous road conditions, or evendriverless vehicle malfunctions. In these cases,vehicle- or parts manufacturers or government agenciesmay be at fault for the crash.

You may need to hire an auto accidentattorneyto get the insurance company to cover your damages fully. In some cases, the attorney will need to file a personal injury lawsuit to make the liable party pay for money damages.

Compensatory damagesavailable in an automobile wreck injury lawsuit may include:

Medical expenses,
Lost income,
Loss of earning capacity, and
Pain and suffering.

Below, ourCalifornia personal injury lawyersdiscuss some frequently asked questions about car accident cases in California:

Before dealing with the auto insurance company or taking a settlement check, talk to ourLos Angeles car accident lawyersabout your case.

Two cars after a collision that will likely lead to a car accident lawsuit in Caifornia.

Car accidents are the most common cause of personal injuries in the United States.

1. Who is at fault in a California car accident?

Fault in a California vehicle crash can be complicated. Generally, a party’s fault is based on “negligence.” When a driver is negligent and causes an injury, thenegligent driver may be liable for any damages. A car accident attorney can be instrumental in building a case that theother party was negligent.

Negligence can includecareless driving. Ornot paying attentionto other drivers on the road. “Negligence per se” can apply if there wereviolations of traffic laws. Some of thecommon causes of motor vehicle crashesinclude:

Speeding,
Running a red light,
Texting while driving,
Distracted driving,
Drunk driving,
Pedal error, or
Failing to yield the right of way.

1.1. What is the legal standard in a California car accident lawsuit?

UnderCalifornia’s negligence laws, when a negligent driver causes injury or damage to another, thenegligent driver is liable for those damages. In order for you to get compensation in a personal injury lawsuit, you have to show the defendant was negligent in causing the pileup. The legal standard for negligence in a California vehicle collision lawsuit are:

The defendant owed you aduty of care;
The defendant breached that duty of care through negligence; and
The defendant’s negligence was a substantial factor in proximately causing your injuries.²

1.2. Driver’s Basic Duty of Care

Drivers in California owe others on the road aduty to use reasonable carewhen operating a vehicle. The duty of care for drivers involves:

Usingreasonable carewhen operating a vehicle;
Looking out for pedestrians, obstacles, and other vehicles; and
Controlling thespeedandmovementof the vehicle.³

When a driverfails to use reasonable careand it causes an accident or injury, the negligent driver is liable for damages.

Example: Bella was driving home from school. Michael was going a little over the speed limit because he was late for work. He was texting his boss that he was going to be a few minutes late when he looked up and suddenly saw Bella’s vehicle stopped in front of him. Michael hit Bella’s car, causing her to suffer car damage and neck injuries totaling $10,000.
If a jury determines Michael was driving negligently because he was not looking out for other vehicles and did not use reasonable care, Michael may be liable for Bella’s damages as the at-fault driver.

1.3. What happens if both drivers are partially at fault?

In some cases,both drivers may be partially at faultfor causing an accident if both were negligent. UnderCalifornia’s “pure comparative fault” law, even if you share some of the fault, you can still get some damages. However, the amount ofdamages may be reducedbased on your share of fault.⁴

Example: In the example above, it turns out Bella had dropped her phone on the floor and hit the brakes in the middle of the road to reach down and grab it. A jury finds Bella is 40% responsible for the accident and Michael is 60% responsible.
Bella may be able to recover $6,000 in damages from Michael. Under principles of comparative negligence, Bella’s award is reduced based on her comparative level of fault.($10,000 minus 40% equals $6,000).

Negligenceandfaultin aCalifornia car wreckcan be complicated.Each side may blame the otherfor causing the fender bender. A driver may not have anyproof that the other driver was to blameand theinsurance companymay not be interested in finding out what really happened.

Talk to your California motor vehicle injury lawyer about your case. Your attorney can give you a better idea ofhow strong your case isand what damages may be available. Your attorney can alsoinvestigate the accident, subpoena records tofind out what really happened, andnegotiate with the insurance adjusterto get you the most money available.

A stethoscope on a wad of cash, signifying the medical damages car accident victims are entitled to in Caifornia.

Personal injury cases can result in compensation for medical costs and other damages.

2. What damages are available in a motor vehicle wreck lawsuit?

Damages in a car wreckare based on theinjuriesandlossesyou suffered. When filing a personal injury claim, you as the plaintiff and car accident victim ask formaximumcompensationfor your losses to be paid by the negligent party.

Thesedamagesin a personal injury lawsuit include both economic and non-economic compensatory damages.Economic damagesare generally those that have a set dollar value, like medical bills or vehicle repairs.Non-economic damagescan be more difficult to value, and include things like pain and suffering caused by the crash.

Common compensatory damages in a California road accident can include:

Medical costs,
Vehicle repairsor replacement costs,
Lost incomefrom not being able to work,
Lost future earning capacity,
Emergency medical treatment,
Physical therapyor occupational therapy,
Medicationand medical supplies,
Future medical care and treatment,
Pain and suffering,
Compensation for loss of limb,
Compensation forscarsordisfigurement, and
Loss of consortiumfor a spouse or partner.

In some cases, you may also be able to getpunitive damages.Punitive damages, or exemplary damages, may be available when the other driver wasreckless, intentionally tried to injure someone, or did a hit-and-run.

2.1. Can I get damages if the other driver didn’t have insurance?

We often get questions abouthow much to expect from a car accident settlement. When you get into an accident with anuninsured driver, you might not expect to be able to recover damages. However, there may be a couple of ways to get damages when the other driver doesn’t carry the minimum requiredbodily injury and liability insuranceof:

$15,000 for bodily injury or death of one person;
$30,000 for bodily injury or death or more than one person; and
$5,000 for property damage.

California insurance law requires insurance companies to offeruninsured and underinsured motorist(UM/UIM) coverage to drivers. However, thisUM/UIM coverageis optional. If you are injured in a crash and have UM/UIM coverage, your insurance company should compensate you for your damages caused by the uninsured driver, up to the liability limit.

Similarly, if thedamages caused by the other driverare higher than the other driver’s liability coverage,underinsured motorist insurance policiespay for the excess damage, up to the liability limit.

Even without UM/UIM coverage, you may still be able to recover damages from anuninsured motorist. Many uninsured drivers claim they do not have much money or assets to cover the costs of medical payments and other injury damages. However, your California car accident attorney may be able to investigate their situation to see if theyhave other assetsthey are not telling you about.

In some cases, family members may be liable if they allowed the uninsured family member to get behind the wheel of their car. By showingnegligent entrustment of a motor vehicle, the vehicle owner is liable for allowing an incompetent driver to drive their vehicle.

Example:

Gary is rear-ended by Samantha. Gary tries to get Samantha’s insurance information but she says she doesn’t have insurance. Samantha apologizes but says she lost her job and can’t afford insurance. Gary suffers $5,000 in medical bills and car repairs.
Gary does not have UM/UIM coverage. Since Samantha doesn’t have insurance Gary doesn’t think he should bother filing a lawsuit. Gary contacts a lawyer to find out what his rights are. Gary’s attorney investigates the car accident claim.
Gary’s lawyer finds out Samantha was driving her parents’ car. Samantha’s parents let her borrow the car even though they knew Samantha didn’t have insurance and she had lost her coverage after 2 prior drunk driving accidents.
Gary may be able to file a claim with Samantha’s parents’ car insurance because the car was insured at the time. Gary may also be able to file a personal injury claim against the parents for negligent entrustment of a motor vehicle.

2.2. Can the family sue for damages if a family member was killed in a car wreck?

Over 30,000 people arekilledevery year in motor vehicle crashes.⁵When the victim is killed, they are not able to file a lawsuit against the negligent driver to hold them responsible. However, underCalifornia’s wrongful death laws, thesurviving familycan hold the responsible person liable for their negligence.

Certain family memberscan file a claim for damages in awrongful death auto casualty case. This includes:

Spouse,
Domestic partner,
Child or children,
Grandchildren (if the children are deceased), or
Anyone else entitled to the property of the deceased under California’s intestate succession laws.

Damages available in awrongful deathcar accident lawsuit can include:

Burial expenses,
Funeral expenses,
Lost financial earnings the victim would have earned, and
Compensation to the family for the loss of companionship and support.

After the death of a loved one in a car wreck, the last thing the family may be thinking about is a lawsuit. However, awrongful death claimcan help with the financial costs of losing a family member. It may also be the only way tohold the person responsible accountablefor their actions. A car accident lawyer can handle the claim so your family can focus on healing after your loss.

2.3. Can I recover for loss of use and diminution of value?

Yes. Following a car accident, you can sue the at-fault parties for:

Loss of useof the vehicle; and
Diminution of valueof the vehicle

Many victims of car accidents do not realize that they areentitledto these damages. These damages canamountto several thousand – or even tens of thousands of dollars.

2.3.1. Loss of use

Vehicles involved in car accidents are often in therepair shopfor several days or weeks. As the car owner, you canrecover damagesfor this “loss of use” of the vehicle from the at-fault parties.

If you lose the use of your vehicle, California law entitles you to therental valuefor a similar vehicle “in like and quality” for a reasonable time. You are entitled to these “loss of use” damages even if you donotend up renting a vehicle at all.

Predictably, loss of use damages can be very high if thedamaged vehiclewas a high-end luxury vehicle.

2.3.2. Diminution of value

Vehicles involved in car accidents always lose value, especially if there isframe damage. Even if the car is fully repaired, the car still carries astigma. And future buyers willpay lessfor it than they would if there had been no accident. As the car owner, you can recoverdamagesfor this “diminution of value.”⁶

Car accident victim in a cast in the hospital. He may be eligible for damages from the at-fault party.

Car accident injuries can harm you physically and emotionally.

3. What is the role of a lawyer in handling my California car crash case?

Therole of a lawyerin handling a California car crash case is to be an advocate for you, the accident victim. This involves dealing with the courtsystem, theinsuranceprovider, andkeeping you informedon all the developments in your case.

Some peopledon’t think they need a lawyerafter an injury wreck. However, make sure you understand what is at stake before accepting the insurance company’s offer or signing away your rights in a settlement. The insurance company is a business, and they may not have your best interests at heart.

Contact anexperienced California auto crash injury lawyerfor a free consultation on your case. A free consultation means you can get a better idea of what your claim might be worth without any cost to you. The following are some of the ways a lawyer will fight for you in your auto accident case:

3.1. Investigation

If the police department responded to the automobile fender bender at the scene of the accident, the officers may have conducted aninvestigationat the scene. This generally includes

sketchingout the scene,
gettingstatementsfrom each party involved, and
possibly gettingthird-party witnessstatements.

If law enforcement didn’t respond to the accident scene, the insurance companies involved may talk to their customers to get their side of what happened in the incident.

Unfortunately, thesebrief investigationsdon’t provide a clear picture of what happened during the accident. They may also include errors and false statements by the other driver.

Your attorney may do their owninvestigation into the crash. This includes:

Reviewing thepolice report
Reviewing theinsurance company report
Interviewingeyewitnesses
Obtainingsurveillance videoof the scene
Reviewing records of past problems at that location
Investigating theother people involvedand their past incidents
Inspecting the scene of the smash-up (and perhaps hiring an accident reconstruction expert)
Reviewingmedical records
Having anexpertreview the records
Compiling the other driver’s cell phone records and commercial driving employment records

With a more in-depth investigation, your attorney canprovide a clearer picture of what happenedduring the wreck. This includeswho was at fault, and why the other person should be held responsible for their negligence.

3.2. Managing Treatment

As a victim in an injury crash, you may be tempted to downplay your injuries.Car wreck injuriescan be complicated, severe, and develop over time. Even if you feel fine after the crash,neck pain, loss of mobility, headaches, and other complaintscan develop days or even weeks later. Your attorney will make sure you seek treatment as soon as possible to make sure your injuries don’t get worse.

Some injury victims may not want to getmedical carebecause they are worried about the cost of treatment. If another driver caused the crash, that driver should beresponsible for paying for your damages. Your attorney will encourage you to get proper treatment after an accident and fight to get those medical bills covered by the other driver’s insurance provider.

Just some of the commoninjuriesthat result from car accidents include:

lacerations,
paralysis,
brain injuries,
organ damage,
nerve damage,
facial injuries,
burns,
soft tissue trauma,
spinal cord injuries, and
psychological injuries such as PTSD, depression and anxiety.

3.3. Gathering Evidence

Evidencein a car collision claim goes beyond just taking pictures of the damaged vehicle and getting a copy of medical records. The other driver may try and hideevidence of the cause of the accident. An attorney can take action to make sure the evidence is retained and not tampered with. This evidence can be reviewed by engineering experts or medical experts to help build your case.

3.4. Issuing a Demand Letter

Under California state law, one of the first steps after a crash to get damages is toissue a demand letter. The demand letter provides theoutline of the claimand the basis for the other party’s liability. It generally includes:

The parties involved,
The facts and circumstances of what happened,
Property damageand medical injuries involved,
Losses and costscaused by the wreck, and
Demand for compensationfrom the insurance company.

The demand letter is also generally thebeginning of negotiationswith the insurance adjuster.

3.5. Negotiating with the Insurance Company

One of the most important parts of trying to get damages after a car collision isnegotiating with the insurance company. It can also be one of the riskiest parts of a claim if you do not have a lawyer.

The insurance company has ateam of lawyersand adjusters who deal with liability and injury claims every day. If you talk to the other driver’s insurance company on your own, the insurance company may try and get you to say certain things to help their case. So they candeny your insurance claim or pay you less money or no money. Let yourlawyer deal with the insurance companyso you will have the best chance for full compensation.

It is generally up to you as the crash victim to decide whether toaccept the insurance company’s settlement offer. Your lawyer will let you know your options. If the insurance company doesn’t want to play ball or only offers a small portion of your damages, your attorney can take the case to court.

3.6. Filing a Personal Injury Lawsuit

If negotiations with the insurance company don’t work, your lawyer canfile a personal injury lawsuit in California civil court. This will include a basis for liability and aclaim for damages. A car collision lawsuit can take significant time to go all the way to trial. However, most injury lawsuits are settled before trial. Thecloser the case gets to trial, the more likely both parties are to accept a settlement offer.

4. How to choose a car accident lawyer in California?

Whenchoosing a car accident lawyer, you may want to consider a number of factors. This includes the car accident lawyer’s

Education,
Success rate,
Experience,
Experience working for insurance companies,
Reputation among clients,
Reputation among lawyers and judges, and
Customer service (including visiting you in the hospital if necessary).

The best way to choose may be to talk to thepersonal injury attorneyand get a feel for whether that person will be the best choice. Most car crash victims havenever dealt with a lawsuit beforeand want someone who will explain the process and keep them in the loop about their case. Your lawyer should be someone who is available to answer your questions and take the time to keep you up to date on your case.

Two drivers discussing their rear-end collision. The front driver may be the party at fault.

Most people think the rear driver is at fault in a rear-end collision. However, liability is not automatic.

5. Major Types of California Vehicle Accidents

There are many causes of car accidents in California. The type of traffic accident can affect who is atfault, the types ofinjuries, the seriousness of injuries, andwho is responsiblefor the damages. Some of the most common types of car accidents in California include:

5.1. Rear-End Collisions

Rear-end collisionsoften causeserious neck or back injuries, including whiplash, to the driver in the lead car. Most people think therear driver is at faultin a rear-end collision. However,liability is not automaticandsometimes the lead driver or another driver is responsiblefor the damages.

5.2. Head-on Collisions

When a driver crosses over the median, intentionally or accidentally, it may lead to ahead-on collision. These can be some of the most serious crashes – often causing traumatic brain injuries – and are often caused by distracted driving, failure to yield, or a drunk driver.

5.3. T-Bone Smash-ups

There are many causes ofT-bone collisionsin California. While some are caused bypoor road conditions, faulty vehicle parts, or unclear traffic signage, most T-bone collisions arecaused by bad driving. These types of incidents can result in serious injuries as you are hit directly on the side of the car with little protection between you and a speeding car.

5.4. Bus Collisions

Acollision with a busgenerally involves a transit company or city bus. When the driver or company is negligent, you can file a claim against thedriver, bus company, or city agency, or whoever is responsible.

5.5. Truck Wrecks

Truck wrecksinvolving a semi or tractor-trailer in California can leave you withserious injuries and financial damages. If thetruck driver or trucking company was negligentin causing the crash, you can seek damages by filing a lawsuit. The company may also be responsible if theynegligently hired, trained, or retained a dangerous driver.

5.6. Motorcycle Injuries

Motorcycle ridersgenerally have very little protection between their bodies and the road. Even a low-speed collision can cause serious damage. Whoever was responsible forcausing the motorcycle accidentmay be liable for injuries. This could include a driver, another motorcyclist, a pedestrian, or even the city.

5.7. Collisions with Bicycles

Cars colliding with bikes in California can be caused byreckless drivers, dangerous road conditions, or unclear road signs. California personal injury laws allowinjured cycliststo file a lawsuit against the driver who caused the damage.

5.8. Hitting a Pedestrian

Pedestrian accidentsoften cause serious harm because you do not have anything protecting you against outside forces. Even a low-speedknockdown accident with a pedestriancan result in head injuries, internal bleeding, neck or back injuries, or broken bones.California pedestrian and crosswalk lawshelp determine fault and liability for these accidents.

5.9. Uber/Lyft Accidents

Crashes and vehicle injuries involving the popularride-sharing companiesUber and Lyftcan result in claims against the driver, the company, or other drivers. These claims can be more complicated because the driver’s insurance liability coverage depends on whether the driver had the app on at the time of the injury.

5.10. Driverless Vehicle Accidents

Autonomous vehiclesare supposed to make the roads safer for people, but even driverless vehicles can get into collisions. You can file a personal injurylawsuit against the company behind the driverless vehiclefor losses. If a self-driving car is responsible for causing the wreck, you may have a claim for damages underCalifornia’s product liability laws.

5.11. Crashes with Drunk Drivers

Peopleinjured by a drunk or intoxicated driverhave the right to sue for damages. The driver doesnot need to be convicted of a DUIbefore a civil lawsuit can be filed. Even if the driver is never convicted, the driver may still be liable for negligent driving resulting in a crash.

5.12. Wrecks Caused by Dangerous Road Conditions

Dangerous road conditionscan cause vehicle collisions or increase the chance of injury. This includes crashes involvingdangerous road debrison the highway.

5.13. Police Car Casualties

Liability in apolice car crashcan depend on whether the police officer was responding to an emergency, had on lights and sirens, or was driving negligently at the time of the accident.

5.14. SUV Rollovers

SUV rollovers have higher rates of serious injury and death compared to other automobiles. In some cases, you may have aproduct liability claimagainst the car company for selling a dangerous vehicle without warning you of the risks.

5.15. Tire Defect Problems

Defective tires can cause a driver to lose control of the vehicle causing serious harm or death. Thetire seller or manufacturer may be liablefor tire defects which cause innocent people to suffer injury or death.

5.16. Guardrail Injury Lawsuits

When guardrails on the highway are defective theycan slice through a car, injuring or killing the people inside.Guardrail injury lawsuitsmay be filed against the government, contractors, or guardrail designers.

5.17. Sideswipe Collisions

Sideswipe accidents typically occur when another driver one lane over forgets to check theirblind spotbefore changing lanes. The damage can be considerable depending on the speed and impact of the sideswipe.

5.18. Hit-and-runs

If you are hit by a driver whofails to stop, exchange information and render aid (if necessary), they could face both criminal charges as well as a civil lawsuit.

If you do not know the other vehicle’s license information, we may be able to deduce it through traffic video footage. Either way, the possibility of hit and runs is why it is a good idea for you to carryUM/UIM insurance.

5.19. Single Vehicle Crashes

Single vehicle crashes can happen if yourcar malfunctions, you hit a pothole, a tree branch falls, or a host of other reasons that are not your fault. You still may be able to sue the parties responsible for creating the poor roadway construction or other dangerous conditions that caused the crash.

6. Frequently-asked-questions

6.1. What is my case worth? How much money will I get?

It depends, there is no average settlement. Usually, the maximum recovery is thedefendant’s policy limit. Though it can be more than that if you haveuninsured motorist coverageor thedefendant has other assetsto go after.

The actual value is a function ofspecial damages(those that can be specified, such as medical bills) plusgeneral damages(those that have to be generalized, such as pain and suffering, emotional distress, mental anguish, and loss of enjoyment of life).

6.2. How long will the case take?

Two yearsis generally thestatute of limitations(or deadline/time limit) in which to bring a lawsuit. Most car accident cases settle in around18 months. Butthe time it takes to settle a car accident claimcan vary from a few months to a few years. If the case proceeds to trial, the case will drag on much longer than if it’s settled by way of negotiations.

6.3. Do I need a lawyer?

Not always. Smaller cases can go tosmall claims court in Californiaif there is less than $10,000 in damages. No one gets a lawyer there. Though it is always recommended that you consult with an attorney about your options and potential payouts.

6.4. How do I find a doctor?

You cango through your health insuranceif you like. We can also arrangetreatment on a lien. This is where the doctor will defer the cost of treatment until the case settles. This can be a good option for specialty care to avoid co-pays. It is also a good option for people with no health insurance.

6.5. Should I talk to my insurance company?

Yes, you should report the crash to your insurance. But be vague. Beyond that, let your attorney talk with your insurance company.

Insurers spend billions on marketing to make you think they’re “like a good neighbor” or that “you’re in good hands.” But their real mission is topay the least amount they can get away withon your claim. Insurance is a fault-based system, and anything you say to them can be used against you later. So it is best to have a professional in between you and them.

Donotspeak to a representative of the at-fault motorist’s insurance company. Leave that to your attorney.

6.6. Should I go to the doctor?

If you think you may be injured, you shouldseek medical attention right away. Going for medical treatment is how you prove you were injured at all. The insurance does not care what attorneys say, and they do not even care what the patients say. They just care what the doctors say.

6.7. What should I do after a car accident?

After aCalifornia car accident, follow these 15 steps:

Remain at the scene.
Seek medical attention (call 911).
Move to a safe area.
Record the other vehicle’s info (VIN, license plate).
Exchange name and contact info (including address, DL number, and insurance).
Do not admit fault.
Do not say you are hurt.
Leave your contact information if necessary.
Take photos of the vehicles, surroundings, injuries, tire marks, and other evidence, and take down the contact info of eyewitnesses.
Make a record of what happened, including weather, traffic, and road conditions.
Report the accident to the DMVwithin 10 days if there is more than $1,000 in damage or injuries.
Notify your insurance.
Hire a lawyer.
Get a copy of the police report and ask your attorney to amend any mistakes.
Concentrate on healing as your attorney fights for the maximum settlement.

7. Crash statistics in California

In2020, California experienced

3,558fatal crashes
3,847traffic fatalities
986 pedestrians killed in traffic accidents
1,228speeding-related traffic fatalities
2,129 drivers killed in car crashes
3,088surviving drivers involved in a fatal car crash
658drivers killed in car crashes with an illegal blood alcohol level
712people killed in rollover accidents
756people killed who were not wearing seat belts
539people killed on motorcycles

Los Angeleshad the most traffic fatalities of any U.S. city: 282.

Although California’s 2020 car crash fatality rate is high, it is a significantimprovementover 1985, which saw4,960fatalities.⁷

Call California Car Accident Lawyers for help…

For questions about car collision lawsuits in California or if you want to discuss your case and legal rights with one of our experienced car accident attorneys, pleasecontact our legal team at Shouse Law Group through our contact formor phone number.

Our legal representation operates on a contingency fee basis. That means we get no money unless we win your case. Read our testimonials about our years of experience winning fair settlements. And contact our attorneys today for an initial consultation and legal advice.

Our California law firm has local law offices in and around Los Angeles,Long Beach, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities in the state of California.

(For automobile accident/truck accident cases in Colorado or Nevada, please see our pages onColorado car accident lawyersandLas Vegas Nevada car accident lawyers.)

Helpful Links

Legal References:

Centers for Disease Control and Prevention (CDC) — Motor Vehicle Safety. See alsoCalifornia Statewide Integrated Traffic Records System (SWITRS) annual report.
California Civil Jury Instructions (“CACI”) 400. See alsoCalifornia Civil Code section 1714(a). See alsoLadd v.County of San Mateo (1996) 12 Cal.4th 913, 50 Cal.Rptr.2d 309, 911 P.2d 496. See alsoCoyle v. Historic Mission Inn Corp.(2018) 24 Cal.App.5th 627, 234 Cal.Rptr.3d 330. See alsoCarachure v. Scott (Court of Appeal of California, Fourth Appellate District, Division Two 2021) 70 Cal. App. 5th 16. See alsoArriagarazo v. BMW of North America, LLC (Court of Appeal of California, Third Appellate District, 2021) 64 Cal. App. 5th 742.
CACI 700. Basic Standard of Care. See alsoBewley v. Riggs (1968) 262 Cal.App.2d 188, 68 Cal.Rptr. 520. See alsoWatkins v. Ohman (1967) 251 Cal.App.2d 501, 59 Cal.Rptr. 709. See alsoWhitford v. Pacific Gas and Electric Co. (1955) 136 Cal.App.2d 697, 289 P.2d 278.
California Civil Jury Instructions (CACI) 406. See alsoPfeifer v. John Crane, Inc. (2013) 220 Cal.App.4th 1270.
California Code of Civil Procedure 377.60.
Collin v. Am. Empire Ins. Co., (Cal. App. 1994) 21 Cal.App.4th 787(calculating loss of use).Malinson v. Black, (Cal. App. 1948) 188 P.2d 788(plaintiffs entitled to loss of use even without renting a replacement).Meyers v. Bradford (1921) 54 Cal.App. 157(calculating loss of use). California Code of Regulations Section 2695.8 (2).Reynolds v. Bank of America National Trust Savings Assn. (1959) 53 Cal.2d 49, 345 P.2d 926(justifying loss of use damages). See alsoMetz v. Soares (2006) 142 Cal.App.4th 1250.
Traffic Safety Facts 2020, NHTSA.