Every year in California thousands of intersection crashes lead to serious injuries The financial toll can be steep including medical treatment lost wages during recovery and repair costs If you have been injured in or around an intersection you may be able to recover damages by enforcing intersection laws and demonstrating liability
Intersection Laws in California
California has several statutes that govern how drivers must act when approaching and driving through intersections Section 21800 requires drivers approaching an intersection yield to vehicles already in the intersection from a different road Section 21800(b)(1) requires a driver on the left to yield to a driver on the right when two vehicles arrive simultaneously except when the driver on the left is on a road ending and the other is on an intersecting highway Section 21800(c) mandates that when all directions at an intersection have stop signs the driver on the left yields to the driver on the right Section 21800(d)(1) says that if a traffic signal is not functioning properly drivers must stop before proceeding safely
Section 21801 requires drivers turning left or making U turns at intersections to yield to oncoming traffic before turning Section 21802 requires full stops at stop signs and yielding to motorists already in the intersection Section 21803 requires yielding to traffic when entering an intersection controlled by a yield sign
How Fault Is Determined in Intersection Crashes
To recover damages after an intersection accident you must prove fault The legal theory most often used is negligence which means showing the driver acted carelessly or failed to follow intersection laws Examples include running red lights distracted driving speeding or failing to yield
Drivers have a duty of care meaning they must drive responsibly and watch out for others You may need to show the other driver breached that duty directly caused your injuries and that you suffered losses such as vehicle damage or medical expenses
Sometimes both drivers share fault Under California’s comparative fault rules even if you bear some responsibility you may still recover damages though your award may be reduced in proportion to your share of fault
Types of Damages You Can Recover
Economic damages include medical bills car repair costs lost income and any other out of pocket expenses Non economic damages include pain and suffering emotional distress loss of enjoyment of life or disfigurement In wrongful death cases family members may also recover funeral costs loss of financial support and related damages
Role of an Attorney
Having an experienced attorney is important after an intersection accident An attorney will review the scene collect evidence such as traffic signals witness statements photos police reports and case law They will help you send a demand to the responsible driver’s insurer negotiate a settlement or file a lawsuit if needed
Immediate Steps After an Intersection Crash
Seek medical treatment even if injuries seem mild Document everything at the scene including damage positions of vehicles road conditions traffic control devices like lights or signs Preserve police reports and take witness statements Take photos of your injuries and property damage Save all bills and medical records
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Disclaimer: The material provided in these blogs is for general informational purposes only and should not be considered legal advice. Our intent is to share knowledge, raise awareness, and provide helpful resources to the public. The photos used in these posts are for illustrative purposes only and are not representative of any actual incident or individuals. If you or a loved one has been injured in an accident, please contact Hillstone Law at (855) 691-1691. Our attorneys are available to answer your legal questions and help you understand your rights.