Improper Passing Accidents

Many drivers fail to abide by the rules for proper passing. This may lead to serious accidents because drivers may not anticipate another driver being just behind them. After an improper passing accident, you may receive a phone call from another driver's insurance adjustor. The adjustor may be friendly, but in many cases, he or she is simply calling to try to reduce liability for his or her insured by pinning the blame on you. It is important to not make any admissions and to consult your own attorney before speaking to the adjustor. If you have been hurt in a situation that involved improper passing, the Los Angeles car accident attorneys at Sharifi Firm are ready to help you seek compensation.

The California Vehicle Code includes several sections on improper passing. For example, under Section 21750, the driver of a car trying to pass another car traveling the same way is required to pass to the left, keeping a safe space between them and not endangering the safety of the other driver. Under Section 21751, no car may be driven to the left side of the center of the road in order to pass a car traveling the same way, unless there is clear visibility on the left side, and there are no oncoming vehicles for enough of a space to allow passing without endangering oncoming vehicles. Under Section 21752, there are a number of situations in which you may not drive to the left side of a road, such as when you are driving within 100 feet of an intersection or railroad crossing.

If you were a victim of an improper passing accident, you should make sure that the police come to the scene and make a report. They will note violations of the California Vehicle Code in an accident report that may be used as evidence, and they may issue citations. A violation of the California Vehicle Code may give rise to a claim of negligence per se. Generally, negligence per se makes it easier for a plaintiff to recover compensation than an ordinary claim of negligence. You will need to establish only that there was a violation of the Vehicle Code, that the violation caused the accident, that the injury was of the type that the Code was intended to prevent, and that you were a member of the public whom the Legislature intended to protect.

If negligence or negligence per se is established, you may be able to recover compensatory damages, including both economic and noneconomic losses. Examples of economic losses include medical bills, lost earning capacity, household services, and other concrete losses that have been documented. Examples of noneconomic losses are pain and suffering, mental anguish, and loss of consortium. These losses tend to be more subjective and depend on what a particular jury perceives are the forms of harm that would naturally tend to flow from the kind of accident that occurred.

Serious injuries may arise out of an improper passing accident in Southern California. At Sharifi Firm, APC, our Los Angeles lawyers can help you assert your right to compensation. Call us at (866) 422-7222 or use our online form to set up a free consultation with a motor vehicle collision attorney. Our firm also represents injured individuals in Temecula, Rancho Cucamonga, San Bernardino, and Riverside, among other cities.