The law pursues a double objective: on the one hand, the improvement of the situation of the victims and, on the other hand, the acceleration of the procedures of compensation. Within the framework of this regime derogating from the ordinary law of the tort, the behaviour of the author of the accident is indifferent.
Indeed, it does not matter whether or not the latter committed a fault at the origin of the accident; the victim will be entitled to compensation for his injuries as soon as a motor car is involved in his accident. In such cases, you would need the San Diego Car accident lawyer to fight for you.
According to this article, four cumulative conditions are necessary for a victim of a road accident to be able to be compensated based on the law:
- The presence of a motor car;
- The existence of a traffic accident;
- The involvement of this land motor vehicle in the accident;
- The liability for the damage to the accident;
The land motor vehicle:
The land motor vehicle must be understood as a machine circulating on the ground, provided with a driving force and suitable for the transport of things or people.
It has been considered by case law as land motor vehicles: automobiles, coaches, buses, trucks, motorcycles, scooters, tractors, construction equipment, trailers and semi-trailers and even lawnmowers as soon as they are motorized and self-supporting. However, the following do not constitute land motor vehicles: planes, boats, bicycles as well as trains and trams travelling on their own track.
The traffic accident:
It must be a fortuitous and unforeseen event. Indeed, there can be no traffic accident in the event of voluntary action by the perpetrator. Furthermore, this traffic accident can occur both on a public road and on a private road. Besides, the accident can occur as well when the vehicle is moving or stopped or even parked.
The implication of the vehicle in the accident:
The law, therefore, does not require a driver fault but a simple involvement of a vehicle in the accident. Jurisprudence considers when the car was in motion at the time of the accident and that it came into contact with the seat of the damage, that this vehicle is necessarily and irrevocably involved in the accident. The car accident lawyer will be able to help you with this matter.
When there is only contact, when the vehicle was not in motion, case law also holds that this vehicle was necessarily and irrefutably involved in the accident. Finally, the absence of contact between the car and the seat of the damage does not exclude the existence of a traffic accident.
However, in the absence of contact, it is then up to the victim to provide proof that the land motor vehicle in motion or stationary played an “any role” in the accident. The victim does not have to demonstrate that this vehicle had a disruptive role.
Case Histories
In the first case, a driver lost control of his motorcycle when overtaking on the left a motor vehicle which preceded him and had slowed down. He struck a goat which, coming from the left side of the road, suddenly crossing the street; this accident resulted in various injuries to the driver of the motorcycle.
By judgment Court of Appeal nevertheless ruled out any involvement of the motor vehicle in the traffic accident suffered by the driver of the motorcycle. To do this, Court of Appeal recalled, on the one hand, that there had been no contact between the car and the motorcycle and, on the other hand, that the latter would be, even in l absence of the vehicle, collided with the goat which she could not avoid having regard to the speed of 70km / hour at which she was travelling. The mother and sister of the deceased then summoned the driver and the owner of the tractor to seek compensation for their damages.
The latter had nevertheless maintained that the accident had occurred several hundred meters from the place where the tractor was immobilized, which excluded any involvement according to them.
The attribution of the damage to the accident:
Finally, for a victim to be able to be compensated based on the law, it is up to him to provide proof that his damage is attributable to the accident and not to another cause or to a previous condition.
Victims, including drivers, may not be faced with force majeure or the act of a third party by the driver or guardian of a vehicle. The law, therefore, prohibits the driver or guardian of the land motor vehicle, involved in the accident and author of the damage, from being relieved of his responsibility by proof of a case of force majeure or by the made of a third party.
Conclusion
On the other hand, the law provided for other cases of exemption from liability for the author of the accident, which apply differently depending on whether the victim was a driver of a vehicle or not. Thus, a victim who was a driver of a car at the time of his accident may have his right to compensation excluded or limited if it appears that he committed misconduct, causing his damage. In the vast majority of cases, the driver or caretaker will be required to compensate for the damages of the non-conductive victim.