Founder and Managing Partner
Can I sue a wrong way driver if I am injured in an accident?
Many may be familiar with the old song “Do You Know the Way to San Jose?” but a wrong-way driver on southbound Interstate 280 may have missed that one. According to the California Highway Patrol, a vehicle crashed and ended up on its roof in the early morning hours of December 28. Then several more vehicles were reportedly involved in the collision.
The car in question, a silver Volkswagen, was headed north on the southbound lanes of I-280 when it hit a red Chevrolet, causing it to rollover. Then both vehicles were hit by a BMW. The driver of the Chevy, an unidentified woman, suffered what the CHP said were “major injuries” while many other victims were also taken to the hospital. While all of those involved in the accident are expected to survive, it remains unclear why the driver of the VW was heading the wrong way.
One possible explanation is that the driver was not familiar with the area and somehow made a wrong turn onto the highway. On the other hand, if the driver was a San Jose resident, this seems implausible. Perhaps other factors were involved, such as a faulty GPS device. Then again, this may be a case of an accident caused by drunk driving. It is also possible the driver was distracted, which is a leading cause of motor vehicle accidents.
Whatever the case may be, all drivers in California have a responsibility to exercise reasonable care not to injure others. This means that they must driver carefully and obey all traffic laws. A driver that fails to do so can be held liable for causing an accident that leads to injuries and/or results in property damage.
While the facts of this case are not known at this time, a driver who is headed the wrong way on a highway appears to have breached his or her duty to drive safely, obey traffic signals, and not to injure others. It remains to be seen whether charges will be brought against the driver, but it is likely that lawsuits are on the horizon.
In any event, if you were injured in a car accident in Northern or Southern California, you may be able to recover damages for pain and suffering, lost wages, medical expenses and property damage. The experienced personal injury attorneys at the JNY law firm fight for the fights of auto accident victims.