California jury awards $10M to victim’s family

California jury awards $10M to victim’s family

When driving, most Californians seek to avoid accidents and choose to drive safely. Simple steps, such as obeying all speed limits and signs, always using turn signals and checking the car’s mirrors every six to eight seconds, can help drivers prevent collisions. Unfortunately, not all motorists choose to drive carefully, and can cause a car accident, even with the safest driver.

California’s legal system is designed to prevent negligent drivers from getting away with the damage that they caused. Recently, a California civil jury awarded $10 million to the family of a 66-year-old woman killed in an auto accident. The negligent driver crashed into the victim’s car. As a result of the collision, the victim’s foot was trapped on the gas pedal. The victim’s car accelerated quickly and crashed into a tree and a utility pole. The jury found that the negligent driver’s actions caused the victim’s death, and held her liable.

Filing a negligence lawsuit may allow car accident victims to recover damages from a negligent driver. The victim must prove four things: (1) the driver owed a duty of care to the victim; (2) the driver breached that duty through his actions; (3) the driver’s actions caused the accident; and (4) the victim was harmed as a result of the accident.

A driver’s actions caused an accident if the driver’s actions were the cause in fact for the accident, and if the driver’s actions were the proximate cause of the accident. Cause in fact means that, “but-for” the driver’s actions, the accident would not have occurred. Proximate cause means that the accident was reasonably foreseeable based on the driver’s actions.

For example, if a blue car rear-ends a red car, and the red car drives into a ditch, the red car would not have driven into the ditch “but-for” the blue car’s actions. It was also reasonably foreseeable that rear-ending the red car would cause the driver to lose control and drive off of the road. Therefore, the driver of the blue car caused the accident.

All elements of a negligence claim must be met for a victim of a car accident to recover damages. Filing a negligence lawsuit may be the first step to recovering damages from a negligent driver.

Source: The Los Angeles Times, “Jury awards $10 million in Toyota death case but absolves automaker.”



Freeway Lanes Closed due to Motorcycle Crash
Father and his 2 children dead after suspected drunk driver crashes into them
Fatal Pedestrian-Vehicle Collision in Anaheim
1 Killed Multiple Injured After 6-Car Crash
California Bicycle Laws: What You Need to Know
A car crash in Ortega Highway kills a woman and leaves a man injured
How Bird Scooters Have Effected LA For Traut
Multi-Vehicle Accident involving a bus results in 1 dead and 7 in hospital
Head-on Highway Crash - One fatality
Pedestrian Crash results in two dead
What To Do If You Were In A Truck Accident
Newport Beach, Man struck by vehicle, Killed
Bakersfield police looking for 3 suspects in an October hit and run
Two-Vehicle crash on Santa Ana (5) freeway in Tustin results in man dead
Stop and Frisk Law in California
School Bus Driver Criminally Charged
Cyclist Dies After Collision In Stanton
Safety for Motorcyclists
Many Rollover Accidents are Preventable
2 Detained Women and 1 dead on Hyde Park Accident
Motorist flees after crashing into car repair shop, killing one
Why Do Some Lawyers Get Higher Settlements For Their Clients?
fatal Vehicle collision with pedestrian
In California, Hazing is Illegal
High-Speed Driving leads to injury and fatality in anaheim
Comedian’s Family Settles with Walmart
Hit-and-run leaves woman and dog dead
Pedestrian Fatally Struck By Amtrak Train
Teens Text While Driving a lot but Adults do it Even More
Costa Mesa Fire Chief Dies 2-Day After Being Struck By Suspected DUI
Sheriff’s Deputy Dead After Fatal Crash
Fatal DUI Car Accident Leads to Arrest
A hit-and-run driver struck a man in a wheelchair on 1st and Townsend Streets’ area
Call Now Button