It is no secret that you need a car to easily get around Northern California. Even so, getting around San Francisco in a car is challenging. San Francisco is riddled with one-way streets, steep hills, and heavy traffic. All of these factors contribute to an overwhelming number of car accidents each year.
In a recent year, 277,160 people were injured in car collisions in California. With such an alarming number of injuries, victims of these crashes have to wonder how they can be compensated for their losses.
The legal team at The Cartwright Law Firm, Inc. is here to help. We have been a cornerstone legal firm in the Bay Area, CA for more than 60 years. Contact us today to schedule your free case review.
What is Negligence?
A major factor in determining liability centers around negligence. A negligence claim typically has four components:
- Duty: the defendant (the party being sued) had a duty to exercise reasonable care;
- Breach: the defendant broke that duty through an act or omission;
- Causation: the injury to the plaintiff was a foreseeable consequence of the defendant’s actions;
- Damages: as a result of the defendant’s actions, the plaintiff has suffered injuries.
In California, the Department of Motor Vehicles has a process called the Negligent Operator Treatment System (NOTS). This is a process that the DMV uses prior to suspending a driver’s license that applies to all motorists 18 years of age and older. The Department of Motor Vehicles takes into consideration all evidence submitted by law enforcement in determining if a driver was at fault for an accident. If you are found to be at fault, the Department of Motor Vehicles then assigns negligent operator points to your license, ranging from 0 to 3 points. Larger violations, such as the negligent operation of a commercial vehicle, will be assigned three points to the driver’s license.
If the Department of Motor Vehicles finds that you are a negligent driver, they will take action against your driving privileges based on a tier system. If you receive two points within 1 year, four points in two years, or six points in three years, then the state will issue you a warning letter as a Level 1 violation.
As the points increase within certain time frames, the punishments become more severe:
- Level 2=A Notice of Intent to Suspend Letter is issued
- Level 3=Order of Probation/Suspension: driving privilege is suspended for one year and includes a six-month probation
- Level 4=Violation of NOTS Probation: if there is a violation of a driver’s suspension, then an additional six-month suspension is levied
How Do You Prove a Driver Was Negligent?
In order to prove that the driver who caused your car accident was negligent, you must first show all the components of negligence have been satisfied. Since all drivers owe others on the road a duty of care while operating their vehicles, you must demonstrate that the other driver was not exhibiting reasonable care.
Ordinary negligence would involve minor traffic violations. Minor traffic violations would include speeding, running a red light, or rolling through a stop sign. However, if the other driver is found to be grossly negligent, which is considered an extreme departure from how a reasonable person would behave, then the driver could face prison time. A prime example would be a driver speeding through an area that is crowded with pedestrians.
As the wronged party, you bear the burden of proving that the defendant acted negligently. This can be accomplished through taking photographs of the scene, testimony from witnesses, footage from traffic cameras, and obtaining a police accident report.
In a car accident claim, a police report would detail the following regarding the claim:
- Date/time of the accident
- Location of the accident
- Substance—specifics of the accident
- Citations issued—may include who the officer finds at fault
- Time, date, and nature of the police response
The plaintiff is required to present enough evidence to establish that the defendant is liable. If the case reaches trial, that determination is made by either a judge (bench trial), or by a jury (jury trial). A jury or judge is considered to be the fact-finder of a court case.
California recognizes four evidentiary standards, or levels in which the plaintiff must demonstrate that the facts presented are true. In most personal injury cases, the plaintiff must show by a preponderance of the evidence that the facts stated are valid. In a preponderance of the evidence, the plaintiff must convince the fact finder that there is a greater than 50% chance that the evidence presented is true.
A knowledgeable car accident attorney will help you to gather the necessary evidence to build the strongest case in your favor.
Can You Recover if the Accident Was Partly Your Fault?
California law allows a plaintiff to recover compensation for their injuries as long as the defendant bears some of the responsibility for causing the accident. California Civil Code § 1714 states that “everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person.” This means that if someone fails to exercise a duty of care to others resulting in injuries, then the negligent party will be held responsible.
In California, you deserve compensation even if you were 99% at fault for the accident. You can still be awarded damages for your injuries as long as you can prove the other party was partly at fault. If you were injured, California recognizes that you should receive some compensation.
Compensatory Damages
Once you can prove the other party’s liability, then your attorney can present evidence of your damages, which are the losses that you suffered as a result of the collision.
The two main categories in which you are normally eligible for compensation are general and special damages.
General damages refer to any intangible injuries that cannot be given a specific monetary amount. General damages include pain and suffering, mental anguish, loss of consortium, and any other losses that have lowered the victim’s quality of life.
On the other hand, special damages account for economic losses that were suffered by the plaintiff.
Special damages include:
- Lost wages
- Lost earning capacity
- Past and future medical bills
- Long-term care
- Nursing Home expenses
- Household services
The Legal Defense You Need During Crisis
The weeks following a car accident can be anxiety-provoking and saddening. You need counsel on your side that will make the responsible party pay for their actions. Contact The Cartwright Law Firm, Inc. today to receive a free consultation Call: (415) 851-6486
Reference: The Negligent Operator Treatment System (NOTS)
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