Motor Vehicle Accidents Entail Multiple Elements that create Liability:

1.) Duty to look

The driver of a vehicle has a duty to lookout for other vehicles or persons on the highway. If the driver fails to lookout, or fails to see, negligence is assumed. Failure to keep such a lookout constitutes negligence. The differentiation of failure to look or see is often interoperated as a question of fact.

2.) Effect of Visibility

Visibility is a key tool in determining whether a driver has acted negligent. If the evidence points out that the visibility was good, the driver is more likely to be held negligent if a reasonable driver would have seen the injury and was able to avoid it.

3.) Duty to Maintain Vehicle
There is a duty to maintain one's vehicle in a safe and operating condition. The failure to upkeep the condition of one's vehicle may constitute Negligence and may not be used as a defense in a lawsuit.

4.) Duty to Stop Following Accident:

a). When Persons are Injured: A driver involved in an accident resulting in injury or death is required by statute to stop immediately at the scene of the accident and to identify him or herself by giving name, current residence address, and the registration number of the vehicle he or she was driving.
Reasonable assistance is also required if a party is injured.If one party fails to identify themselves or provide information as required by Veh.C §20003, it constitutes a misdemeanor.


b). When Property is Damaged. Vehicle Code Section 20002 states that the driver of any vehicle involved in an accident resulting in damage only to property, including damage to vehicles, must immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. Moving the vehicle in accordance with Section 20002 does not affect the question of fault.

c). No Duty to Anticipate Negligence of Others. Every driver has a right in presuming that every individual will obey the law.


d). Effect of Imminent Peril. When an individual is in a situation of peril of imminent danger, they are not required to exercise ordinary care. The standard of care is changed to what an ordinary person in that situation would do.

e). Emergency Vehicle Drivers. Vehicle Code Section 21055 sets forth an exemption of authorized emergency vehicles to a more relaxed duty of care under Veh.Cod. §20.55[3][c].

f). Passing Stationary Emergency Vehicle. When approaching a stationary emergency vehicle when emergency vehicles are displayed, due caution is required. This statute has been passed in 2007.

g). Liability for Negligent Driving of Thief When Vehicle Stolen Because Keys Left in Ignition. If an individual leaves their keys in the ignition of a vehicle and then leaves the car unattended, they are negligent. However, there is no duty present to third parties.

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