September 30, 2020
Injured by a Car Running a Red Light in Los Angeles
In personal injury, a claim is usually contingent on the victim proving fault and negligence. Proving negligence can often be complicated and difficult. But when you have been injured by someone who violates the vehicle and traffic, the concept of negligence is a bit different. This is particularly true when a motorist fails to stop at a red light. Our Los Angeles red light accident lawyer explains liability when a car running a red-light injures an innocent person.
Generally, there are two ways to prove a motor vehicle accident case. The first and most common is with a cause of action of negligence. This type of claim is from the common law, or judge-made law, and creates liability where a motorist fails to use reasonable care in the use or operation of their motor vehicle which unnecessarily causes harm to another. This type of claim is available in every type of motor vehicle accident case.
The second way to prove a motor vehicle accident case is through the doctrine of negligence per se. This doctrine is not applicable in every type of motor vehicle accident case because it relies on a statutory violation, or a legislatively-made law that is violated. Under our state law, California Vehicle Code section 21453 makes it unlawful to run a red light.
When it comes to matters of negligence per se:
- there must be evidence that the driver violated a statute
- the damage (injury) caused was meant to be protected by the statute
- the person harmed was meant to be protected by the statute
The benefit of the doctrine of negligence per se is that it will allow a victim to automatically establish liability against a defendant. This means that the victim will be able to focus on just causation and damages rather than having to prove liability.
There are important cause and effect aspects to negligence per se, however. You will still be required to prove that the driver’s actions caused the accident and your injury was the direct result of that accident.
Because personal injury law is often complex, it is always advisable to get the legal advice and opinions of an experienced Los Angeles red light accident lawyer. For more information and a FREE case review, contact us today at (888) 588-1777. We are ready and willing to help.