
Most car accidents are not truly accidents in the sense that nothing could have prevented them. Serious crashes often result from a driver failing to pay attention, driving too fast for the conditions, violating the right of way, following too closely, or making another unsafe decision.
Other collisions have less obvious causes. A dangerous road condition, defective vehicle component, or combination of several factors may contribute to the crash.
Determining the cause matters because a personal injury claim depends on evidence showing not only what happened, but why it happened and who was legally responsible.
California juries are instructed under CACI No. 700, Basic Standard of Care that drivers must use reasonable care, keep a lookout for pedestrians, obstacles, and other vehicles, and control the speed and movement of their vehicles.
The following are some of the most common causes we investigate in serious San Diego car accident cases.
A driver does not have to be texting to be distracted.
Distraction can involve:
California Vehicle Code § 23123.5 restricts a driver's use of handheld wireless phones and electronic communication devices while driving.
But proving distracted driving usually requires evidence.
Depending on the case, that evidence may include phone records, text messages, application data, photographs, video, witness statements, vehicle data, or admissions made by the driver.
The timing is especially important. Evidence that a driver used a phone sometime during a trip may mean little. Evidence showing the driver was interacting with the phone immediately before impact can be much more significant.
In serious cases, we look for electronic evidence early because some information may become difficult to obtain later.
Speed affects both whether a collision occurs and how severe the resulting injuries can be.
California's speed law is not limited to the number posted on a sign.
Under Vehicle Code § 22350, commonly called the Basic Speed Law, drivers may not travel faster than is reasonable or prudent considering traffic, weather, visibility, and roadway conditions.
California juries receive a similar explanation through CACI No. 706, Basic Speed Law.
That means a driver can potentially be traveling too fast for conditions even while driving below the posted speed limit.
Speed becomes particularly important when a crash involves:
In a serious collision, speed may be investigated through vehicle event data, video, skid or tire marks, vehicle damage, scene measurements, witness testimony, and accident reconstruction.
Alcohol and drugs can impair judgment, perception, coordination, and reaction.
California Vehicle Code § 23152 prohibits driving under the influence of alcohol or drugs and establishes additional rules concerning blood-alcohol concentration.
California juries may also receive CACI No. 709, Driving Under the Influence, which focuses on whether alcohol or drugs impaired the driver's ability to operate a vehicle in a reasonably careful manner.
Evidence in an impaired-driving case may include:
A drunk-driving collision may also require investigation beyond the driver's conduct, particularly when the driver was working or another potentially responsible party was involved.
Intersection crashes frequently involve disputes about which driver had the right of way.
Under Vehicle Code § 21453, a driver facing a steady red signal generally must stop and remain stopped until permitted to proceed.
Left-turn collisions create another recurring right-of-way issue. Vehicle Code § 21801 generally requires a driver turning left to yield to approaching vehicles that are close enough to constitute a hazard.
But intersection cases should not be decided from assumptions alone.
Evidence may include:
Signal-related evidence can become particularly important when the drivers give conflicting accounts about who had the green light.
Rear-end crashes often involve insufficient following distance.
California Vehicle Code § 21703 prohibits following another vehicle more closely than is reasonable and prudent considering the speed of the vehicles, traffic, and roadway conditions.
Whether a following distance was reasonable depends on the circumstances.
A driver may need additional space when:
A rear-end collision does not eliminate the need to investigate what happened.
Vehicle data, video, physical evidence, witness testimony, and the movement of the vehicles immediately before impact may all affect the liability analysis.
For a broader discussion of how responsibility is determined, see our guide to fault in San Diego car accidents.
Freeway and multi-lane crashes frequently occur when a driver moves into another vehicle's lane without making sure the movement can be completed safely.
California Vehicle Code § 22107 requires a driver to use reasonable safety before turning or moving right or left and to signal when another vehicle may be affected.
California juries may also receive CACI No. 705, Turning, which explains the driver's reasonable-care obligation when turning or moving laterally.
Unsafe lane-change cases may involve:
Physical damage can sometimes reveal which vehicle was moving laterally at impact. Dashcam footage and electronic vehicle data can provide additional evidence.
A dangerously tired driver may experience slower reactions, impaired attention, poor judgment, and even brief episodes of sleep.
Unlike alcohol impairment, fatigue usually does not leave behind a simple test result.
The investigation may therefore focus on the driver's circumstances before the crash.
Relevant evidence can include:
In a commercial vehicle case, additional federal hours-of-service and electronic logging records may be available. Our guide to the truck accident investigation process explains how those cases differ from ordinary automobile collisions.
Bad weather does not excuse unsafe driving.
Instead, weather changes what reasonable driving requires.
Under California's Basic Speed Law, drivers must account for weather, visibility, traffic, and the surface of the roadway when selecting a safe speed.
A driver who travels safely at 65 mph on a dry freeway may need to drive substantially slower when heavy rain reduces visibility and traction.
Weather-related crashes commonly involve:
In these cases, the relevant question is often not simply whether it was raining. It is whether the driver adjusted to the conditions.
Sometimes the driver's conduct is only part of the explanation.
A crash may also involve:
When public property contributes to an injury, California Government Code § 835 provides a framework for liability for a dangerous condition of public property when its statutory requirements are satisfied.
These cases are different from ordinary driver-negligence claims.
A proper investigation may require:
Our dangerous roadway conditions practice explains these claims in more detail.
Claims against public entities also have special procedures and shorter deadlines, so potential roadway responsibility should be investigated early.
Not every crash results solely from driver error.
A defective vehicle or component can cause a collision or make the resulting injuries far more severe.
Potential defects include problems involving:
When a defect is suspected, preserving the vehicle can be critical.
Repairing, selling, or destroying the vehicle before an expert has inspected it may eliminate evidence necessary to determine what failed.
Our automotive defect practice addresses crashes and injuries involving defective vehicles and components.
California traffic laws do more than create rules for drivers. In some cases, violating a safety statute can become important evidence in a civil case.
Under Evidence Code § 669, violation of a statute, ordinance, or regulation can create a rebuttable presumption of negligence when the statutory requirements are satisfied.
California juries may address the doctrine through CACI No. 418, Presumption of Negligence per se.
But a traffic citation does not automatically decide a personal injury case.
The evidence must still establish that the violation was connected to the crash and resulting harm.
That is why we look at the entire collision rather than simply asking whether someone received a ticket.
Serious collisions often have more than one cause.
A driver may be speeding while another driver makes an unsafe lane change. A distracted driver may collide with a vehicle stopped because of a dangerous roadway condition. A defective tire may combine with excessive speed.
California's comparative-fault system allows responsibility to be allocated among the people and entities whose conduct contributed to the injury.
Under CACI No. 405, Comparative Fault of Plaintiff, when a defendant claims the injured person was also negligent, the defendant must prove both negligence and that the plaintiff's negligence was a substantial factor in causing the harm.
For more detail, see our guide to how fault is determined in a California car accident.
At Hulburt Law Firm, we do not assume the police report tells the entire story.
In a serious injury case, we may investigate:
The purpose is to determine what actually happened and identify every person or entity whose conduct contributed to the injury.
That becomes particularly important in catastrophic injury and wrongful death cases, where an incomplete investigation can overlook important evidence or an additional responsible party.
If you are involved in a serious collision, prioritize medical care and safety first.
When possible, preserve evidence by photographing the vehicles and scene, getting witness information, keeping damaged property, and identifying nearby cameras.
Our guide to what to do after a car accident in San Diego provides a more complete explanation of the steps to take.
You can also learn more about common car accident injuries, compensation available after a car accident, and the car accident insurance claim process.
Hulburt Law Firm represents people and families in serious San Diego car accident cases.
We focus on serious injury and wrongful death cases, investigate the evidence early, and prepare cases with trial in mind from the beginning.
If you or someone you love suffered a serious injury in a collision, contact Hulburt Law Firm for a free and confidential case review.
Simply fill out the form or call 619.821.0500 to receive a free case review. We’ll evaluate what happened, your injuries, and potential defendants to determine how we can best help you.