When a driver fails to use the turn signals, it increases the risk of a car accident. Turn signals let the other road users know where the vehicle in front of them is going. Spontaneous lane change or a sudden turn without signaling does not give time to the other motorists to adjust their vehicles, which can result in an accident. California law allows victims of car accidents to file a personal injury claim if their injuries were the result of a negligent driver not using turn signals.
Turn Signals are Important
Turn signals matter because they let the other driver know in which direction the automobile ahead of them is going. The only way to indicate a lane switch or a potential turn is by using these indicators. These signals are helpful for pedestrians as well. They let pedestrians anticipate the movement of a particular car in a parking lot, at intersections, and in other places. This can prevent pedestrians from walking straight into a moving vehicle.
California Statutes Regarding Turn Signal
There are a number of situations in which the California Vehicle Code mandates using turn signals. California Vehicle Code 22107 mandates all drivers to give an appropriate signal in case another vehicle can be affected by their turn. It also prohibits drivers from turning from a direct course until it is made in a reasonably safe manner.
CVC 22108 states that a driver needs to signal their intention to turn left or right by having the turn signal on continuously for the last 100 feet of travel. CVC 22110 comes into effect if the car is not equipped with turn signals. In such a scenario, the signal needs to be made through a signal lamp or by giving a hand.
Failure to abide by these rules can result in negligence per se. The plaintiff will need to prove elements of damage and causation when this applies. Medical bills, lost income, costs of future treatment, pain and suffering, loss of earning capacity, and property damage are a few common forms of compensation.
Filing a Car Accident Claim in California
You may be entitled to compensation if you suffered serious injuries in a car accident that was caused because of a driver not using turn signals. Hiring an experienced car accident attorney can help you increase the likelihood of a successful claim. Your attorney will be able to walk you through the available legal options.
They will also ensure that you are within the statute of limitations. You may lose your right to file a claim if you miss the statute of limitations deadline. Most insurance companies tend to take accident claims seriously only when backed by an attorney. This is because they know that responsible attorneys will never allow their clients to settle for a lowball offer. Instead, the car accident lawyer will be prepared to go to trial.
Proving Liability in a Car Accident Claim for Not Using Turn Signals
You and your attorney will need to prove the negligence of the at-fault party before you can receive compensation for your losses and damages. The burden to prove the other driver’s negligence by not turning on the turn signal falls on the victim. You would also need to prove that the accident caused the damages and injuries suffered by you.
The following elements of personal injury need to be established for a successful case:
- The driver owed a duty of care to the victim
- The duty of care was breached
- The plaintiff suffered physical, emotional, or financial injury
- The plaintiff’s losses and damages were the result of the breach of duty of care
While you don’t need to prove these elements at the time of filing a claim with the insurance company, it is recommended that you build a strong claim to have a better negotiating position.
Necessary Evidence to Prove Your Claim
Every driver owes another driver a duty of care on the road. This means that the motorist has to employ best driving practices for keeping the others safe on the road. Any breach of this duty of care leaves the at-fault party liable for damages.
These are a few ways negligence can be proved in a personal injury lawsuit:
- Video footage of the negligent action
- Car accident reconstruction
- Eyewitness testimony
- Record of arrest or ticket connected to the accident
- Medical records linking the accident to injuries suffered
It can be difficult to gather the necessary evidence on your own, especially if you are still recovering from your injuries. Having an attorney can help gather evidence. Many law firms have expert investigators on their panel that can collect enough relevant evidence on your behalf.
Speak to a Car Accident Attorney in California Today
Car accidents can leave a victim overwhelmed and confused. Mounting medical bills and loss of earning capabilities don’t help in easing the pressure. The legal team at Garmo & Garmo, LLP has a deep understanding of the personal injury law in California, and we can build a strong case for damages.
We will leave no stone unturned in establishing evidence and pursuing the highest possible compensation you are entitled to from the liable parties and their insurers. To schedule your free consultation, call us at 619-441-2500 or fill out this online contact form.