NEGLIGENCE I CAR ACCIDENTS I PERSONAL INJURY I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – [DUTY] Can I Sue the At-Fault Driver after a Car Accident? Does the At-Fault Driver Owe Me a Duty?

NEGLIGENCE I CAR ACCIDENTS I PERSONAL INJURY I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – [DUTY] Can I Sue the At-Fault Driver after a Car Accident? Does the At-Fault Driver Owe Me a Duty?

April 14, 2021

A common question following a car wreck is: “can I sue the at-fault driver after a car wreck” or “does the at-fault driver owe me a duty”. In short, the answer is yes.  If you were involved in a car wreck, sustained personal injuries and the other driver was at-fault, then you can sue the at-fault driver.  Generally, an injured party would not jump into a lawsuit automatically, it would be best to initiate an insurance claim with the at-fault driver’s insurance carrier and commence insurance negotiations. If insurance negotiations do not resolve the dispute, then the next step would be to file a lawsuit for personal injuries sustained in a car accident.

Most recently we published an article discussing “what is negligence” and as stated in that article, negligence tends to be the most common legal basis for liability in a car accident lawsuit. Other instances where negligence is the underlying cause of action includes:

• auto collisions
• trucking accidents
• dog bites
• wrongful death cases
• motor vehicle accident claims
• aviation accidents
• pilot error cases
• elder neglect
• skilled nursing facility negligence
• slip and fall cases
• premise liability
• product liability lawsuits.

In car wreck cases the injured party, whom is filing a lawsuit, is seek compensatory damages for his/her personal injuries and is alleging that the at-fault party owed him/her a duty. When looking to determine if a duty was owed, the injured party must establish that the at-fault driver had an obligation to operate the motor vehicle safely and with a certain level of due care.

Duties owed while driving a vehicle include:

• Paying attention to surrounding traffic
• Watching for pedestrians
• Driving in a reasonably safe manner
• Keeping a reasonable safe distance from other vehicles
• Not texting while driving a car
• Stopping at red lights
• Driving at reasonable speeds
• Being alert while driving
• Maintaining control of the vehicle
• Properly maintaining the car one is driving
• Not driving under the influence of drugs or alcohol
• Obeying traffic signs
• Driving on the right side of the road
• Utilizing on-ramps and off-ramps appropriately; and
• Following California Vehicle Codes and other controlling traffic laws

The aforementioned obligations are the duties a driver owes others while utilizing the roadways.  This article is a first of four discussing the first element of duty in a cause of action for negligence when filing a personal injury case resulting from a car wreck.

For more blogs discussing Negligent Cases including: auto collisions, trucking accidents, dog bites, wrongful death cases, motor vehicle accident claims, aviation accidents, pilot error cases, elder neglect, skilled nursing facility negligence, slips and falls cases, premise liability, product liability lawsuits and other personal injuries cases, see the links below:

• PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – HOW LONG DOES IT TAKE TO SETTLE A PERSONAL INJURY CLAIM IN CALIFORNIA?
• PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – INVOLVED IN A CAR ACCIDENT AND YOU THINK CANNOT AFFORD AN ATTORNEY? 
• PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS I COMMON CAR ACCIDENT INJURIES – COMMON PERSONAL INJURIES FOLLOWING A CAR ACCIDENT AND WHY YOU NEED AN ACCIDENT ATTORNEY 
• PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – INJURED BY A DRUNK LYFT DRIVER
• PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – WHAT DO I DO IF I WAS INJURED IN A CAR ACCIDENT?
• PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – WHAT IF THE AT-FAULT-DRIVER WAS NOT CITED FOR A VEHICLE CODE VIOLATION, CAN I STILL PURSUE A PERSONAL INJURY CLAIM FOR A CAR ACCIDENT? 
• PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – WHAT IF THE AT-FAULT-DRIVER DOES NOT HAVE INSURANCE, OR LEAVES THE SCENE BEFORE I RECEIVE THEIR INFORMATION? 
• PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – WON’T MY CAR INSURANCE OR THE AT-FAULT PARTY’S INSURANCE COVER MY NEEDS AFTER THE ACCIDENT? 
• PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – CAN I SUE A NEGLIGENT DRIVER IN A CAR ACCIDENT, IF I WAS A PASSENGER AT THE TIME? 
• PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – CAN I RECOVER LOST WAGES IF I WAS INVOLVED IN A CAR ACCIDENT?
• PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – WHAT IF I WAS INVOLVED IN AN UBER OR LYFT ACCIDENT?
• CAR ACCIDENT I RIDESHARE ACCIDENT I UBER I LYFT I PERSONAL INJURY SETTLEMENT I CASE RESULTS – $100,000 SETTLEMENT, INITIAL OFFER WITHOUT LEGAL REPRESENTATION $0 – WRONGFUL DENIAL OF COVERAGE [DO I NEED AN ATTORNEY?] [WHY A LAWYER?]
• UBER ACCIDENT I LYFT ACCIDENT I CAR ACCIDENT I PERSONAL INJURY I RIDESHARE ACCIDENT LAWYER – INSURANCE COVERAGE FOR INJURIES SUSTAINED IN UBER ACCIDENTS AND LYFT ACCIDENTS 
• UBER ACCIDENT I LYFT ACCIDENT I CAR ACCIDENT I PERSONAL INJURY I RIDESHARE ACCIDENT LAWYER – TNC LICENSING REQUIREMENTS FOR RIDESHARE SERVICES SUCH AS UBER AND LYFT 
• LYFT ACCIDENT I CAR ACCIDENT I PERSONAL INJURY -WHAT TO DO IF YOU WERE IN AN LYFT ACCIDENT 
• UBER ACCIDENT I CAR ACCIDENT I PERSONAL INJURY -WHAT TO DO IF YOU WERE IN AN UBER ACCIDENT 
• PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – INJURED BY A DRUNK LYFT DRIVER
• DOG BITE – Who Is Liable And What Should I Do?
• TRUCKING ACCIDENTS I CAR ACCIDENT I PERSONAL INJURY – Types Of Trucking Accidents
• SAN DIEGO DAYCARE ABUSE AND NEGLECT ATTORNEY
• PERSONAL INJURY I DAYCARE NEGLECT I DAYCARE ABUSE – CHILD CARE ABUSE AND DAYCARE NEGLECT
• TRUCKING ACCIDENTS I PERSONAL INJURY I CASE STUDY: TRACTOR-TRAILER WITH BALD TIRE LOSES TRACTION AND JACKKNIFES ON WET PAVEMENT RESULTING IN WRONGFUL DEATH – SETTLEMENT: $6,040,000.00
• BIKE ACCIDENTS I BICYCLE ACCIDENTS I CYCLIST INJURIES I TRUCK ACCIDENTS I CAR ACCIDENTS I WRONGFUL DEATH I CASE STUDY – CYCLIST DIES FROM INJURIES FOLLOWING COLLISION WITH A TRUCK – VERDICT FOR PLAINTIFF: $11.5 MILLION
• PERSONAL INJURY I SLIP AND FALL I WRONGFUL DEATH – WRONGFUL DEATH AND LANDLORD NEGLIGENCE

• PERSONAL INJURY I WRONGFUL DEATH I SETTLEMENT: VEHICLE OWNER FOUND LIABLE FOR NEGLIGENTLY ENTRUSTING A DRUNK DRIVER WITH CAR – NEGLIGENCE – NEGLIGENT ENTRUSTMENT – SETTLEMENT: $1,000,000
• PERSONAL INJURY I PRODUCT LIABILITY: California Product Liability Law: Oil Lamp From Target Came With Wrong Instructions – Products Liability – Failure To Warn – Negligence – VERDICT: $195,628.00
• PERSONAL INJURY I PRODUCT LIABILITY I CASE STUDY: AMAZON LIABILITY FOR DEFECTIVE PRODUCTS – PRECEDENT RULINGS HOLDS AMAZON LIABLE FOR PRODUCT LIABILITY CLAIMS JUST LIKE ANY OTHER DISTRIBUTORS AND SELLERS
• PRODUCT LIABILITY: TAKATA AIRBAG RECALL
• PRODUCT LIABILITY: DEFECTIVE CO2 WINE OPENERS
• PERSONAL INJURY I PRODUCT LIABILITY I BURN CASES I CASE STUDY: DEFECTIVE HAIR COLORING PRODUCT FROM WALMART STORES RESULTING IN HAIR LOSS, CHEMICAL BURNS AND IRRITATION TO THE SCALP
• PERSONAL INJURY I PRODUCT LIABILITY I SCHOOL LIABILITY I SCHOOL NEGLIGENCE I HELMET INJURIES I TRAUMATIC BRAIN INJURY I HEAD INJURY I CASE STUDY: San Diego Public School Student Sustained Football Injuries And Head Trauma From A Defective Helmet – Private
• PERSONAL INJURY I PRODUCT LIABILITY: PRODUCT LIABILITY – STRICT LIABILITY (MANUFACTURING DEFECT, DESIGN DEFECT, FAILURE TO WARN) AND NEGLIGENCE  
• PERSONAL INJURY I PRODUCT LIABILITY: CALIFORNIA PRODUCT LIABILITY LAW: INADEQUATE WARNING VERSUS FAILURE TO WARN

Articles discussing what types of damages are available following an negligence and similar personal injury cases, links are included below:

• PERSONAL INJURY / DAMAGES – Compensatory Damages For Personal Injuries
• PERSONAL INJURY – Personal Injury Damages – Compensatory Damages
• What are Compensatory Damages?
• Compensatory Damages in a Personal Injury Action
• A discussion on the differences between punitive damages and compensatory damages

Personal Injury Questions

If you were involved in an auto collision, trucking accident, dog bite, wrongful death case, motor vehicle accident claim, aviation accident, pilot error case, elder neglect, skilled nursing facility negligence, slip and fall case, premise liability, product liability lawsuit or have any questions about your personal injury case call us today at 619-432-5145 for a free consultation with one of our experienced Personal Injury Lawyers and San Diego Accident Attorneys.