[CA] Is a driver exiting a driveway liable for a collision with a scooter rider on the sidewalk?

CA Car Accident

EsquireChamp

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Based on your situation, there are several legal arguments and considerations in California that could potentially support your case:

Negligence: The lawsuit alleges that you acted negligently by exiting the driveway without caution, leading to a collision. Negligence involves failing to exercise the care that a reasonably prudent person would in similar circumstances (CA Civ Code § 1714(a)). The plaintiff must prove that your actions were not only negligent but also the direct cause of their injuries.

Negligence Per Se: The claim references (CA Veh Code § 21950(a)), which requires drivers to yield the right-of-way to pedestrians in crosswalks. If a violation of this statute is proven, it may establish negligence per se, meaning the act itself is considered negligent because it violates a law designed to protect public safety. Other Vehicle Code sections may also be raised in a driveway exit case. (CA Veh Code § 21804(a)) requires a driver entering a roadway from private property to yield to approaching traffic, and (CA Veh Code § 21952) requires a driver to yield to pedestrians before driving over a sidewalk.

On the other side, (CA Veh Code § 21235(g)) prohibits riding a motorized scooter on a sidewalk except as needed to enter or leave adjacent property. That may bear on whether the rider shares fault under California's comparative negligence rule.

Liability and Damages: The lawsuit seeks compensation for pain, suffering, medical expenses, and other damages. The plaintiff must demonstrate that your actions directly caused these damages and that they are entitled to the amounts claimed.

Let me know if you have any questions or clarifications, if not I'll move forward with guidance.

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I was driving , exiting my garage in DTLA, I have to stop at my garage door for it to open , there is about 5-7 feet from the garage door leading to the side walks and next the street, you have to turn right due to it being a one way, and there are cars parked on the side and there is a ped mirror looking right for oncoming ped , I didn't see anyone so I inched out per usual after 6 years of living here , as I inch out there is person riding a scooter on the sidewalk in DTLA , that's the side of my car, and is now suing.

Lexi, Chatbot

I'm sorry to hear about your situation; that sounds stressful. Can you tell me if there were any witnesses to the incident?

I don't know.

Lexi, Chatbot

Have you already received any legal documents or notifications regarding the lawsuit?

Yes I have been served.

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your lawsuit.

No.

EsquireChamp

Hey there! Welcome to our service. I'm an attorney with many years of experience. I understand you were involved in an incident while exiting your garage in DTLA, and now you're facing a lawsuit from a person riding a scooter on the sidewalk. Have you considered any specific steps or legal actions to address this matter?

Yeah but I don't have and didn't have car insurance when it happened.

EsquireChamp

I understand you were served legal documents. Could you tell me what specific claims are being made against you in the lawsuit?

Pain suffering and inconvenience 1million dollars, medical expenses 1 million dollars.

EsquireChamp

Thanks for sharing that. Have you had any communication with the person suing you or their legal representatives since you were served?

No. Plaintiff was lawfully operating an electric motorized scooter on [redacted: incident location]. Defendant operated his vehicle and exited a driveway onto [redacted: incident location] without caution and in such an unsafe manner that it violently collided into Plaintiff's person Plaintiff is informed and believes and thereon alleges that Defendant, an individual; and DOES 26-50, inclusive, negligently, carelessly, unskillfully, unlawfully, tortuously, wrongfully, maliciously, willfully, oppressively, and despicably entrusted, managed, maintained, operated, controlled and drove said vehicle. In acting and in failing to act as aforementioned, Defendant, an individual; and DOES 26-50, inclusive, acted in a negligent, reckless, careless and improper manner, and with negligence and disregard for the safety, rights, and well-being of others. In addition, it is alleged that each and every defendant which will be found to have been an owner, registrant, lessor, lessee, bailor and/or bailee of the aforementioned Vehicle negligently entrusted said vehicle to the driver thereof, and that said Defendant was/were otherwise careless and negligent in the instance. Plaintiff is informed and believes, and upon that information and belief, alleges that Defendant's conduct constitutes negligence per se in that Defendant's conduct violated California Vehicle Code section 21950 (a): "The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection". As a direct and proximate result of said acts and omissions on the part of the Defendants and each of them, Plaintiff was hurt, and physically injured, sustaining medical bills, loss of earnings/ earnings capacity, pain, suffering, loss of enjoyment of life and other damages, as well as substantial property damage, loss of use, towing, storage and other associated charges and damages, and will continue to sustain such damages in the...

EsquireChamp

Based on your situation, there are several legal arguments and considerations in California that could potentially support your case:

Let me know if you have any questions or clarifications, if not I'll move forward with guidance.

The damage on my car is in between the front passenger tire and the passenger door. So it should show that I was hit by him.

EsquireChamp

It sounds like you're in a challenging situation, but let's break down some steps you can take to address this lawsuit:

Gather Evidence - Since the damage to your car is between the front passenger tire and the passenger door, this could support your claim that the scooter hit you. Take clear photos of the damage and any other relevant details, like the location of the incident. If there are any security cameras nearby, try to obtain footage that might show the accident.
Review Legal Documents - Carefully go through the legal documents you received. Make sure you understand the claims being made against you. It might be helpful to consult with a lawyer to ensure you fully grasp the legal language and implications.
Consult with an Attorney - Given the serious nature of the claims and the amount of money involved, it's crucial to get legal advice. An attorney can help you understand your rights and options, and they can represent you in court if necessary.
Consider Settlement Options - Sometimes, settling out of court can be a viable option to avoid lengthy legal battles. Discuss with your attorney whether this might be a suitable path for you, considering the evidence and circumstances.
Prepare for Court - If the case goes to court, be prepared with all your evidence and a clear understanding of your defense. Your attorney will guide you through the process and help you present your case effectively.

Please let me know if you have further questions. I hope I was able to help resolve your issue! If you have any other questions, feel free to ask. Don't hesitate to reach out whenever you need assistance!

EsquireChamp

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