Accidents Caused by Failure to Use Turn Signals
It is not uncommon to encounter drivers in Los Angeles and elsewhere in California who weave in and out of traffic without using their turn signals. Often, a failure to properly communicate an intention to turn right or left can result in either a rear-ending or a collision with an oncoming vehicle that is driving straight. Failures to use turn signals on roads or highways can lead to catastrophic injuries, including broken or fractured bones, back injuries, whiplash, crushing injuries, spinal cord damage, or brain trauma. At Sharifi Firm, our Los Angeles car accident lawyers can help you seek compensation if you are in this difficult situation.Holding a Negligent Driver Accountable for a Failure to Use a Turn Signal
In most cases, you will need to establish another driver's negligence in order to recover compensation from that driver. This usually means that you will need to prove four elements by a preponderance of the evidence: the other driver's duty to use reasonable care, a breach of duty, actual and proximate causation, and damages.
Under California Evidence Code Section 669, a failure to use reasonable care is presumed when someone violates a statute, ordinance, or regulation, the violation is the legal cause of an injury or death, the injury or death arises out of an occurrence of the type that was supposed to have been prevented by the statute, ordinance, or regulation, and the victim was one of the class of people for whose protection the law was adopted. Basically, the court adopts the standard prescribed by the statute, ordinance, or regulation as the standard of care for a reasonable person under the circumstances. However, this presumption is rebuttable.
The California Vehicle Code mandates the use of turn signals in a number of situations. For example, CVC 22107 prescribes that no driver shall turn from a direct course until that movement can be made in a reasonably safe way and then only after giving an appropriate signal in case another vehicle is affected by the turn. Under CVC 22108, you are supposed to signal your intention to turn right or left continuously during the last 100 feet that you travel in a car before turning.
CVC 22110 provides that the signals you give should be given by signal lamp unless your car is not equipped with turn signals and is not required to be so equipped. However, in that case, or in the case that the signal lamps become inoperable during the drive, you need to give a hand and arm signal.
Failing to abide by the rules requiring the use of turn signals may be negligence per se. When this applies, the plaintiff needs to prove only the elements of causation and damages. Common forms of compensation for a victim often include medical bills, the costs of future treatment, lost income and earning capacity, pain and suffering, and property damage.Discuss Your Car Accident Case with a Los Angeles Lawyer
At Sharifi Firm, APC, our experienced Los Angeles attorneys can help you assert your right to compensation if another driver’s failure to use turn signals caused your injuries. For a free consultation with a motor vehicle collision attorney, you can contact us online or call us at (866) 422-7222. We also represent injured individuals in Temecula, Rancho Cucamonga, San Bernardino, Riverside, and other cities throughout Southern California.