Negligence and Alcohol or Drug Intoxication

Any motorist who drives under the influence of drugs or alcohol fails to behave as a reasonable driver would and is likely negligent. When a driver is negligent, they can be liable for any injuries in a crash they cause. In a DUI case in California, there are many ways you might be able to prove that the drunk or drugged driver was at fault, such as:

• Results from a breathalyzer test;
• Results from another type of chemical test;
• Restaurant or bar receipts from nearby; and
• Witness testimony from witnesses who saw the motorist drinking or using drugs or who saw the driver’s behavior on the road.

Generally speaking, when you have evidence that shows a driver was intoxicated and, therefore, negligent, you can obtain compensation through an insurance claim or a civil lawsuit against that motorist.

Comparative Fault Under California Law

Sometimes, even in DUI or drugged driving cases, the intoxicated driver might argue that the injured plaintiff who filed the claim was partially at fault for the crash. In some cases, it may be possible to prove that the plaintiff was also partially at fault due to negligence.

Yet even if the intoxicated driver is somehow able to show that you were partially at fault for the collision, California law still allows you to recover damages. Indeed, California uses a pure comparative fault system. What this means is that you can recover damages even if you were partially at fault and even if you were up to 99% at fault. As long as the defendant (in your case, the intoxicated driver) was even 1% at fault, that party can still be required to pay you a portion of the damages. However, the total amount of your final damages award will be reduced by any portion of your own negligence. For example, if a court awards $100,000 in a drunk driving case, but the intoxicated driver proves that you were also texting while driving and the court determines you were 10% at fault, your award would be reduced by 10%, or $10,000 in this example, and you would recover $90,000.

Contact an Escondido Car Accident Attorney for Help

In most traffic crash cases caused by an intoxicated driver, you can work with an experienced lawyer to gather the necessary evidence to prove that the intoxicated driver was at fault for the crash. Unlike collisions caused by drowsy driving, for example, there is often clear evidence of intoxicated driving from breathalyzer or chemical test results. DUI cases also can rely on other important evidence, such as witness testimony.

If you need assistance with your auto insurance claim following a collision caused by drunk driving, or if you want to consider a car accident lawsuit against an intoxicated driver, one of the experienced Escondido car accident attorneys at our firm can assist you. Contact the Walton Law Firm today to discuss your case.

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Driver Whose Negligence Caused the Accident

Whenever a driver gets behind the wheel of a car or truck, that driver owes a duty of care to other motorists on the road. That driver must behave reasonably behind the wheel, and that driver can be liable for any accidents and injuries resulting from careless acts or omissions. Some of the most common sources of driver negligence include distracted driving, drunk or intoxicated driving, aggressive driving behaviors, failing to obey traffic rules, and fatigued driving.

Employer of the Negligent Driver

When a driver is on the job and causes an accident in any of the ways discussed above, that driver’s employer could also be liable for injuries. Employers are responsible for harm caused by their employees’ negligence according to the legal theory of “respondeat superior” in certain circumstances.

Maker of the Vehicle

Motor vehicle accidents can happen because of defects in an automobile. In these cases, the maker of the car or truck (or the maker of the defective part) may be liable. Product liability lawsuits can include claims against the designer, manufacturer, or the retailer of the vehicle, depending on the circumstances.

Mechanic Who Negligently Repaired the Vehicle

Sometimes mechanics are negligent in performing maintenance or a repair on a vehicle. When this negligence results in an accident, the individual mechanic or the mechanic business could be responsible for damages.

Government That Failed to Maintain Roads or Clear Debris

Sometimes motor vehicle accidents happen because of hazards on the road. For example, a road or freeway might have a dangerous and large pothole that has gone unrepaired for quite some time and caused your accident, or an earthquake might have resulted in significant road debris that was never cleared and caused a multi-car pileup.

Government entities in California have a duty to maintain highways and other roads under California law, and to ensure that they are reasonably safe. When roads are negligently maintained, it may be possible to file a claim against the government for compensation. These types of claims have a significantly shorter timeline than other car accident lawsuits, so it is important to get started on your case with a lawyer’s help as soon as possible.

Contact an Experienced San Clemente Car Accident Attorney Today

Determining liability in a motor vehicle collision can be complicated, and in some circumstances more than one party may bear responsibility for your injuries. One of our experienced San Clemente car accident lawyers can evaluate your case for you today and help you to determine your options for seeking financial compensation after a collision. Contact the Walton Law Firm today to learn more about motor vehicle crash claims and to begin working with a lawyer on your case.

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1. Negligent Security Claims are Personal Injury Lawsuits

Negligent security claims filed against hotels and motels are types of personal injury lawsuits. As such, the statute of limitations for most other types of personal injury cases will apply.

2. Hotel or Motel Can be Liable for Failing to Take Adequate Security Measures

In a negligent security claim against a hotel or motel in Southern California, the injured person is holding the business accountable for harm caused by another person’s criminal conduct as a result of that business failing to take adequate security measures.

According to the California Civil Jury Instructions for these types of cases, an owner of a hotel or motel “must use reasonable care to protect patrons/guests from another person’s criminal conduct on his/her/their/its property if the owner can reasonably anticipate that conduct.” The instructions clarify that “a business owner or a landlord has a duty to take affirmative steps to protect against the criminal acts of a third party if the conduct can be reasonably anticipated.”

3. Many Different Types of Inadequate Security at California Hotels and Motels

There are many examples of inadequate security that result in assaults and other criminal actions by third parties, such as:

• Failure to repair broken locks on doors or windows;
• Failure to repair broken security system;
• Inadequate or lacking security cameras;
• Failure to have adequate lighting in the parking area; or
• Inadequate security guards on the premises.

4. You Can Still File an Assault Civil Claim Against the Party Who Perpetrated the Assault

Filing a negligence claim against a hotel or motel for negligent security will not prevent you from filing an additional civil lawsuit against the person who perpetrated the assault or other criminal conduct.

5. You Must File Your Negligent Security Lawsuit Within Two Years

Most hotel negligence lawsuits based on a theory of negligent security must be filed within two years from the date of the assault on the hotel property. Under California law, the clock on the two-year statute of limitations begins ticking on the date you were injured, and if you fail to file your lawsuit before the clock runs out, your claim can become time-barred.

Contact a Hotel Negligence Attorney in Vista

If you were injured at a hotel or motel in San Diego County as a result of hotel or motel negligence, you may be eligible to file a negligent security claim. One of our experienced Vista hotel negligence attorneys can assist you. Contact the Walton Law Firm today to learn more about how we can help.

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What is comparative fault, and how can it impact your payout in an Oceanside car accident claim?

Understanding Damages in a Car Accident and the Effect of Comparative Fault

To understand how comparative fault can affect a car accident lawsuit payout, it is important to understand first how damages awards work in car accident cases. If a person files a car accident lawsuit, they can be eligible to seek different types of compensatory damages, including economic and non-economic damages. Economic damages compensate for direct and objective losses that are financial in nature, such as hospital bills, or the wages a person lost due to an inability to work because of the auto accident injury. Non-economic damages are subjective in nature, and they are designed to compensate a person for non-monetary losses such as a person’s physical or mental suffering and emotional distress.

If the defendant raises the issue of comparative fault and is successful in proving that you are also partially to blame for the car accident, your damages award can be reduced by your portion of fault.

California’s Comparative Fault Law and Car Accident Damages

When a defendant says the plaintiff is also at fault for injuries, the defendant is raising the defense of comparative fault, arguing that she or he should not be responsible for paying the full amount of damages. Under California’s pure comparative fault law, a plaintiff will not be barred from recovery if the defendant can prove that the plaintiff is also partially at fault. This is true whether the plaintiff is anywhere from 1% to 99% at fault. However, if the defendant can prove that the plaintiff is partially at fault, the plaintiff’s damages will be diminished by his or her percentage of fault.

For example, if the defendant argues that the plaintiff should bear some responsibility for the accident due to texting while driving—even if the defendant ran a red light and caused the accident—the defendant will need to prove that the plaintiff is also at fault. The plaintiff will be able to counter the defendant’s allegations with evidence that shows the defendant bears all liability. If the defendant is successful, however, the court will need to determine the plaintiff’s percentage of fault. Then, the plaintiff’s compensatory damages award will be reduced by that percentage of fault.

To be clear, even if you violated a traffic law but the defendant still caused the car accident, you will be able to recover damages under California’s comparative fault law. You should know, however, that your damages award can be diminished if the court determines that you are also partially at fault for the crash.

Contact a Car Accident Lawyer in Oceanside

If you have questions about seeking damages in a car accident lawsuit, our Oceanside car accident attorneys can help. Contact the Walton Law Firm for more information.

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Hotel Negligence Can Result in Many Types of Injuries

There are many different types of injuries that can result from hotel or motel negligence. For example, you or your child might sustain a serious injury as a result of a drowning accident near an unattended hotel or motel pool. Or you or another guest might sustain a serious injury in a slip and fall accident resulting from damaged flooring or a broken outdoor light that the hotel maintenance staff failed to replace. Slips and falls at hotels and motels can also occur in breakfast areas, at bars, and around pool decks due to liquid spills. At the same time, hotels may also be responsible for third-party assaults that happen because of negligent security—such as a hotel’s failure to repair a damaged door lock or window in your room.

Comparative Fault Can Affect Your Ability to Recover Damages

Under California law, if you are also partially to blame for the accident that happened at an Escondido hotel, the hotel can raise the issue of comparative fault and your damages award can be reduced by your portion of fault.

You Will Likely Need to File Your Lawsuit Within Two Years From the Date of Injury

Every personal injury lawsuit, including hotel and motel negligence claims, have a specific statute of limitations. The statute of limitations is the amount of time you have to file a lawsuit. Once the clock on the statute of limitations runs out, you will most likely have a time-barred claim and will not be able to obtain financial compensation by filing a civil lawsuit. While there are some exceptions, under California law, most hotel and motel negligence lawsuits must be filed within two years from the date of the injury.

Contact Our Experienced Escondido Hotel Negligence Attorneys

Nobody books a hotel room with the expectation that a serious or deadly injury will occur in the hotel room or elsewhere on the property. However, from dangerous slip and fall or drowning accidents near hotel or motel pools to negligent security injuries in hotel rooms, person injuries happen more often than you might think. One of our experienced Escondido personal injury lawyers can speak with you today about your options for filing a claim for financial compensation. Contact the Walton Law Firm to learn more about the services we provide to injury victims and their families in Southern California.

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Whether you have already gone through another claims or benefits process, or you are getting started quickly on your personal injury lawsuit, it is important to understand how comparative fault may affect the outcome of your lawsuit.

What is Comparative Fault?

Comparative fault, which is known as contributory fault or contributory negligence in some states, is an affirmative defense for a person who is facing liability for damages in a personal injury lawsuit. With comparative fault or contributory negligence, the defendant can raise the issue of comparative fault, alleging that the plaintiff’s own negligence or fault played a role in causing the accident or the seriousness of the injuries in order to reduce or bar damages for the plaintiff.

While some states will bar a plaintiff from recovery if that plaintiff is responsible for some of the fault, California follows what is known in the law as a pure comparative fault rule. What this means is that a plaintiff will not be barred from recovery if the plaintiff is 5% at fault or even 95% at fault. Instead, the plaintiff will have her damages award reduced based on her total percentage of fault.

Comparative Fault Does Not Automatically Reduce Your Damages

Just because a defendant raises the defense of comparative fault does not mean that you will automatically see your damages award reduced by any percentage. You will have the ability to produce evidence that refutes the defendant’s allegations and shows that the defendant bears full responsibility for the accident and for your injuries. Your attorney can help with this process.

How Does Comparative Fault Ultimately Work?

Here is an example of how comparative fault works: If you are injured in a car accident caused by a texting driver, that driver might raise the issue of comparative fault by showing that you were not wearing your seatbelt when the accident happened. Even if the at-fault driver can prove that you were not buckled in, California’s pure comparative fault rule will mean that your damages award will only be reduced by your portion of the fault. If the court decides that the distracted, texting driver is 95% at fault but you are 5% at fault (because your injuries are more severe than they would have been if you had worn your seatbelt), your damages award will be reduced by 5%.

Contact a Carlsbad Personal Injury Lawyer for Help

If you have questions about comparative fault in your personal injury case, an experienced Carlsbad personal injury attorney can assist you. Contact the Walton Law Firm today for more information.

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This is a complicated question, and it ultimately depends upon a number of different factors. We will provide you with some clarifying information below, but it is important to speak with a hotel negligence attorney in San Marcos to determine whether or not you have a claim.

Was the Hotel Negligent in Failing to Prevent the Spread of the Coronavirus?

Generally speaking, in order to have a valid negligence claim in California against a hotel or motel, an injury plaintiff needs to prove the following elements:

• Hotel or motel owed a duty of care (which is easy to prove for anyone who paid to stay at the property);
• Hotel or motel breached its duty of care by failing to take reasonable steps to prevent hazards on the property;
• Hotel or motel guest suffered an injury as a result of the breach of the duty of care; and
• Hotel or motel guest sustained damages.

In the age of COVID-19, it may not be immediately clear what constitutes negligence, however, or what steps a hotel or motel must take in order to reduce the risk of COVID-19 infections among guests. Generally speaking, the U.S. Centers for Disease Control and Prevention (CDC) provides guidelines for hotels and motels to help reduce the spread of the virus. Those guidelines include requirements for employees, social distancing in common areas, limiting the total number of guests in the hotel room, creating contactless delivery for room service, minimizing guest and employee traffic in hotel spaces, and conducting regular and more intensive cleaning processes for guest rooms and common areas.

Did You Sign a Waiver of Liability?

Did you sign a waiver of liability? While liability waivers are not always enforceable, COVID-19 waivers tend to be more enforceable for customers or clients (than for employees) as long as the client or customer understood the risks when they signed the release.

Regardless of whether the hotel or motel followed guidance from the CDC or other state guidance, you may not be able to file a claim if you signed a liability waiver that released the hotel from responsibility for coronavirus exposure, you may not be eligible to file a claim.

Seek Advice From a Hotel Negligence Lawyer in San Marcos

If you recently stayed at a hotel or motel in Southern California and contracted an illness or suffered an injury, you should speak with a San Marcos hotel negligence attorney to learn more about your options for filing a claim. Contact the Walton Law Firm to discuss your case with an experienced personal injury lawyer today.

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