Christopher Skorina Personal Injury Law Blog on Lawyers.com

Establishing Fault in a Car Accident

Monday, July 12, 2010 by Christopher Skorina

Numerous driving laws exist in California that regulate driving—rules of the road, standards of care for vehicle maintenance, along with licensing required for various types of driver’s licenses and vehicle registrations. Violations of California vehicle and driving laws or neglecting driving precautions that a reasonable driver would take can be used to establish fault in a car accident.

In some situations both drivers may be at fault for an accident. In such cases, whether either driver is liable for damages depends on the person’s percentage of fault in the accident. Recoverable damages are based on pure comparative fault law. If either driver is more than 50 percent at fault, he or she is liable for a percentage of resulting damages.

California driving laws

The California Department of Motor Vehicles (DMV) explains in detail and provides references to laws that govern standards for vehicles, registration, licensing, and rules of the road. Orange County car accident lawyers have extensive knowledge of these laws and can help you determine how judges and juries would view fault in accident cases.

To give an idea of areas regulated, here are some basic categories covered by the California DMV 2009 Vehicle Code General Provisions:

Equipment of Vehicles

Headlamps
Rear lighting
Signal lights
Brakes
Seat belts
Air bags
Tires
Odometers
Bumpers
Operating instructions for cell phones
Speed measurement jamming devices

Rules of the road

Speed laws
Decreasing speed limit on grades
Right of way
Decreasing truck speed limit
Maximum speed for designated vehicles
Pedestrians' rights and duties
Turning, stopping and turning signals
Stopping, standing, and parking
Overtaking and passing
Required special stops
Driving on right side
Following too closely
Distance between vehicles
Safety zones
Minimum speed law
Offenses involving alcohol and drugs
Traffic signals

Knowing your rights and whether you are at fault in an accident can be complex and require legal help. Orange County automobile accident attorneys can review your accident injury and evaluate your case.

Mosher & Skorina, P.C.
26691 Plaza, Suite 200
Mission Viejo, CA, Orange Co. 92691-8582

Posted at 13:03 PM

Topic: Personal Injury