CA Vehicle Code & Personal Injury Law PDF

The CA Vehicle Code & Personal Injury Law Luis General 22 Feb 2024 v5 CA Vehicle Code: An Overview 1 of 29 CA Codes Abbreviated as ‘CVC’ or ‘VC’ Rulebook containing information about CA traffic laws: Op...

The CA Vehicle Code & Personal Injury Law Luis General 22 Feb 2024 v5 CA Vehicle Code: An Overview 1 of 29 CA Codes Abbreviated as ‘CVC’ or ‘VC’ Rulebook containing information about CA traffic laws: Operation Motor vehicles - Used to move ppl, animals, goods Registration Bicycles - On public roadways Other devices Ownership CVC in relation to Personal Injury  Operation → Could cause a tort (CC § 1708) → negligent operation (CC § 1714) “Every person is bound, without contract, to abstain from injuring the person or property of another, or infringing upon any of his or her rights.” “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....” CVC in relation to Personal Injury  Registration  Ownership → Additional defendant, if driver is not the owner  Negligent entrustment  Owner’s liability  Course and scope → commercial policy Section 17150 - Liability of motor vehicle owner Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle, in the business of the owner or otherwise, by any person using or operating the same with the permission, express or implied, of the owner. Section 17151 - Liability of owner, bailee of owner, or personal representative of decedent The liability of an owner, bailee of an owner, or personal representative of a decedent imposed by this chapter and not arising through the relationship of principal and agent or master and servant is limited to the amount of fifteen thousand dollars ($15,000) for the death of or injury to one person in any one accident and, subject to the limit as to one person, is limited to the amount of thirty thousand dollars ($30,000) for the death of or injury to more than one person in any one accident and is limited to the amount of five thousand dollars ($5,000) for damage to property of others in any one accident. Does the CVC cover rules on animals used for transpo? Yes (§ 21050) When they are being driven/ridden on public roadways Does the CVC cover rules on pedestrians?  YES (§§ 21949 - 21971)  Responsibilities of pedestrians  Crossing the street Both pedestrians & drivers  Walking on a sidewalk to exercise due care  Roles and responsibilities of motorists In relationship to:  Pedestrians  Wheelchair users Does the CVC cover rules on pedestrians?  All street intersections are legally considered crosswalks → marked OR unmarked  Drivers must yield the right-of-way to a pedestrian crossing any crosswalk Jaywalking? CVC does not prohibit pedestrians from crossing roadways at places other than crosswalks except between adjacent intersections controlled by traffic signals or police officers local authorities may adopt ordinances prohibiting pedestrians from crossing streets outside crosswalks Bicycles & Other Derivatives  §§ 21200-21212  CVC: bicycles/bicyclists = cars/motorists  Bicyclist - has all the rights and is subject to all the provisions applicable to MV driver  Generally prohibited on sidewalks  Until recently – bicycles were prohibited on sidewalks (LA County only!)  On multi-use paths, bicyclists function as pedestrians  Most Common CVC Infractions & Driving-Related Crimes Relevant to Personal Injury Law CVC : Infractions & Criminal Offenses  Traffic infractions and criminal offenses involving vehicles  Most common  DUI  reckless driving  driving on a suspended license § 10851(a) – Driving or Taking a Vehicle w/o Consent a crime to take or drive someone else’s vehicle without their consent “joyriding” Lithia case § 12500(a) VC – “Driving Without a License”  a crime to drive a motor vehicle without a valid driver’s license “A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver’s license....”  PI → driver’s pattern of negligence; character § 14601.1(a) VC – Driving on a Suspended License  a crime to drive a motor vehicle when you know that your driver’s license is suspended or revoked “No person shall drive a motor vehicle when his or her driving privilege is suspended or revoked for any reason”  PI → driver’s pattern of negligence; character 14601.4 VC – Driving on a Suspended or Revoked License AND Causing Injury a crime to drive on a suspended/revoked license AND, while doing so, cause someone to suffer bodily injury only applies if the defendant’s driving privileges have been suspended/revoked for a charge of either: DUI per § 23152 DUI causing injury per § 23153. § 21453 CVC – Running a Red Light  Required to stop at a red traffic signal before entering  Intersection  Crosswalk  The marked line  If there is no sign prohibiting a turn, the driver must come to a complete stop before:  turning right on a red light  OR left from a one-way street onto a one-way street.  § 21460 VC – Crossing Double Yellow Lines  A crime for a motorist to cross double yellow parallel lines on roadways.  Double parallel lines include:  double parallel solid yellow or white lines  double parallel lines, one of which is broken  Usually violated when overtaking 21461a VC – Disobeying Traffic Signals Required for motorists to obey official traffic signs Permanent traffic lights and signals Temporary ones erected at work zones § 21650 CVC – Right-Hand Lane Violations  Required for motorists to drive on the right side of the road  Examples of exceptions:  a driver moves into the left lane to either pass another car  or to make a left turn § 21651(b) VC – Driving on the Wrong Side of the Road A crime to drive on the wrong side of the road Related provisions Driving on the right side of the road; Reckless driving; and, Felony reckless evading. § 21663 – Driving on the Sidewalk  Prohibits motorists from driving on sidewalks  The only exception: entering or leaving a property § 21703 VC – Following Too Closely (Tailgating)  Prohibits drivers from following the vehicle in front too closely  Following more closely than what is reasonable and prudent  Depends on all the circumstances, including:  Alertness of the following driver  Braking efficiency of the vehicles  Distance between the vehicles  Suddenness of a vehicle stopping  Direction the lead car was traveling  Road surface and whether it was slippery or wet § 21750-21759: Improper passing and overtaking vehicles  21750 VC requires motorists to pass on the left.  21751 VC mandates that drivers pass to the left of center only when there is sufficient clearance.  21752 VC prohibits drivers from overtaking and passing on the left in specific circumstances.  21753 VC requires motorists that are getting passed to yield to the passing vehicle.  21754 VC allows drivers to overtake and pass on the right in only specific situations.  21755 VC provides further restrictions on right-side passing.  21756 VC limits when drivers may pass busses and streetcars.  21757 VC provides further limitations with buses and streetcars and prohibits left-side passing in specific situations.  21758 VC sets forth safety rules when motorists pass slow-moving vehicles traveling on grades.  21759 VC requires all drivers to use caution when passing animals. § 21750-21759: Improper passing and overtaking vehicles CVC 21751, drivers on a two-lane highway can only pass to the left when there is sufficient clearance CVC 21751 states that there’s sufficient clearance when “the left side is clearly visible and free of oncoming traffic for a sufficient distance ahead…” § 21750-21759: Improper passing and overtaking vehicles  CVC 21752 sets forth specific conditions when drivers cannot overtake and pass to the left.  Under CVC 21752, no vehicle shall be driven to the left side of the roadway when:  Approaching or on the top of a grade, or on a curve, and the view is obstructed;  The view is obstructed when within 100 feet of a bridge, viaduct, or tunnel;  Approaching within 100 feet of a railroad crossing;  Approaching within 100 feet of an intersection § 21750-21759: Improper passing and overtaking vehicles Do motorists that are getting passed have to yield under Vehicle Code 21753 VC? VC 21753 states that drivers must yield for passing vehicles. “Except when passing on the right is permitted, the driver of an overtaken vehicle shall safely move to the right-hand side of the highway in favor of the overtaking vehicle after an audible signal or a momentary flash of headlights by the overtaking vehicle, and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.” The driver of the overtaken vehicle is not required to drive on the shoulder of a highway to yield § 21750-21759: Improper passing and overtaking vehicles Under CVC 21754, drivers can overtake and pass vehicles on the right. But, they may only do so under certain conditions.  Overtaking a vehicle that is making a left turn;  On a highway within a business or residence district with unobstructed pavement of sufficient width and clearly marked for two or more lines of moving traffic in the direction of travel;  On any highway outside of a business or residence district with unobstructed pavement of sufficient width and clearly marked for two or more lines of moving traffic in the direction of travel;  On a one-way street; and,  On a highway divided into two roadways where traffic is restricted to one direction upon each of such roadways. § 21750-21759: Improper passing and overtaking vehicles CVC 21755 sets forth additional rules when drivers pass on the right: The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting that movement in safety. In no event shall that movement be made by driving off the paved or main-traveled portion of the roadway § 21750-21759: Improper passing and overtaking vehicles VC 21759 requires drivers to exercise caution when passing animals: horses, livestock, any ridden animals As for ridden animals, passing motorists must obey the signals given by the person riding the animal so as to avoid frightening the animal. § 21750-21759: Improper passing and overtaking vehicles Five common defenses if a driver is accused of violating Vehicle Code Sections 21750-21759:  Did not pass unsafely and did not interfere with the operation of the other vehicle during the lane change;  Had sufficient clearance to pass on the left;  Passed in strict compliance with California’s vehicle codes (as to VC 21752, 21754, 21756 and 21757).  Passed a bus or streetcar in a safety zone or at the direction of a police officer.  Passed an animal but did so with sufficient caution. §§ 21800 – 21804 CVC – Failure to Yield  Applicable to intersections and when drivers make left turns and enter a highway  Includes:  § 21800 (a) requires drivers entering an intersection to yield to motorists already at the intersection  § 21800 (b)(1) states that if two vehicles enter an intersection at the same time, the driver on the left must yield to the driver on the right  § 21801 mandates that drivers turning left, or completing a U-turn, must yield to motorists driving in the opposite direction.  § 21804 orders motorists entering a highway to yield to all traffic approaching the highway.  Yielding laws help determine who was at fault in a motor accident in intersections, U-turns, and roadways with approaching traffic § 21950 - Failure to Yield to a Pedestrian  Requires drivers to yield to pedestrians crossing a roadway  Within any marked or unmarked crosswalk § 21954 CVC – Pedestrians Outside Crosswalks  Requires pedestrians outside of marked or unmarked crosswalks to yield right-of-way to close oncoming vehicles  BUT drivers still must exercise due care and avoid hitting pedestrians who cross the street despite there being close oncoming traffic. § 21955 - “Jaywalking” Law  Prohibits jaywalking only if there is an immediate chance of a collision  Dangerous jaywalking is an infraction  Otherwise, it is not as long as it is done safely § 22108 – Failure to Signal Before Turning or Changing Lanes “Any signal of intention to turn right or left shall be given continuously during the last 100 feet traveled by the vehicle before turning.” § 22107 CVC – Unsafe Lane Changes Prohibits unsafe lane changes Drivers can only change lanes when: It is safe Only after signaling § 22349 – Speeding Over 65 MPH  Prohibits motorists from driving on a highway at a speed greater than 65 miles per hour  Default law on speed limit  Unless the speed limit is set at a different speed (ex. 55 mph, 70 mph) § 22350 — Basic Speed Limit — Limitations prohibits driving faster than is safe for the given driving conditions and circumstances reasonable and safe speed depends on the circumstances or facts of a case Specific circumstances to determine whether a speed is reasonable and safe  Crowded urban business district, a residential area, or a remote rural area  Pedestrians and/or bicyclists nearby  Animals nearby  Close to, or driving over, a railroad crossing  Street is slippery or wet  View of the road is obstructed or limited in any way  Excessive sunlight or bright lights  Driving over a hill § 23103 – Reckless Driving  § 23104 - Reckless Driving Causing Injury  § 23105 – Reckless Driving Causing Serious Injury Serious injury examples: loss of consciousness, a concussion, or a bone fracture.  Operating a motor vehicle with a willful or wanton disregard for the safety of other people or property § 23152(a) – “DUI of Alcohol” “Unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.”  Drivers who display symptoms of intoxication can be arrested and charged with DUI  Even if there is no evidence that their BAC is at or above the legal limit of.08%. § 23153 VC – “DUI Causing Injury”  Crime of DUI causing injury:  drive a motor vehicle while under the influence of alcohol and/or drugs, and  while doing so, cause an accident in which another person is injured. § 27315 - Seat Belt Law  Requiring seat belts for adults  Any person 16 years or older must wear a seat belt  When either driving a vehicle; or, riding as a passenger in a vehicle Comprehensive List  https://www.shouselaw.com/ca/defense/vehicle-code/ The Graves Amendment § 17150 – Permissive User Liability “Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle, in the business of the owner or otherwise, by any person using or operating the same with the permission, express or implied, of the owner.” § 17150 and the Graves Amendment Historically, those who rented vehicles were liable for accidents caused by their customers, even though the rental company was not negligent in any way In 2005, Congress responded by enacting what is commonly known as the Graves Amendment, codified at 49 U.S.C.A § 30106 CVC § 17150 and the Graves Amendment (USCA § 30106) Section 30106 : (a) In general.--An owner of a motor vehicle that rents or leases the vehicle to a person (or an affiliate of the owner) shall not be liable under the law of any State or political subdivision thereof, by reason of being the owner of the vehicle (or an affiliate of the owner), for harm to persons or property that results or arises out the period of the rental or lease, if-- (1) the owner (or an affiliate of the owner) is engaged in the trade or business of renting or leasing motor vehicles; and (2) there is no negligence or criminal wrongdoing on the part of the owner (or an affiliate of the owner). (b) Financial responsibility laws.-- Nothing in this section supersedes the law of any State or political subdivision thereof-- (1) imposing financial responsibility or insurance standards on the owner of a motor vehicle for the privilege of registering and operating a motor vehicle; or (2) imposing liability on business entities engaged in the trade or business of renting or leasing motor vehicles for failure to meet the financial responsibility or liability insurance requirements under State law. CVC § 17150 and the Graves Amendment (USCA § 30106) The Graves Amendment’s intent is to preempt conflicting state law provisions such as California’s section 17150, and purportedly eliminates vicarious liability for non-negligent vehicle rental companies based solely on ownership. CVC § 17150 and the Graves Amendment (USCA § 30106) Constitutionality – challenged Status: still good law Questions? THANK YOU! ☺☺☺