Legal Glossary — Bad Driver Accident Terms

Comparative Fault (Pure Comparative Fault)

A system for apportioning liability in which fault is divided among all parties based on their respective contributions to the accident. California applies pure comparative fault under Civil Code § 1714, as established by the California Supreme Court in Li v. Yellow Cab Co. (1975). A plaintiff may recover even if they were mostly at fault — damages are simply reduced by their percentage of fault. This differs from contributory negligence states, where any plaintiff fault bars recovery entirely.

Negligence

The failure to exercise the standard of care that a reasonably prudent person would exercise under the same circumstances. California negligence requires four elements: (1) a duty of care owed to the plaintiff; (2) breach of that duty; (3) causation (the breach was a proximate cause of harm); and (4) damages. All drivers owe a general duty of care to other road users, pedestrians, and cyclists.

Negligence Per Se

A doctrine under California Evidence Code § 669 providing that violation of a safety statute is presumptive evidence of negligence when the violation was a proximate cause of the injury and the plaintiff was within the class of persons the statute was designed to protect. Traffic violations — speeding (CVC § 22350), running red lights (CVC § 21453), handheld phone use (CVC § 23123.5), following too closely (CVC § 21703) — commonly support negligence per se arguments.

Statute of Limitations

The legal deadline for filing a lawsuit. California's general personal injury statute of limitations is two years from the date of injury under Code of Civil Procedure § 335.1. For claims against government entities (Caltrans vehicles, city buses, county vehicles), a government tort claim must be filed within six months of the incident under the Government Claims Act (Gov. Code § 911.2). Missing either deadline generally bars recovery.

Uninsured Motorist (UM) Coverage

First-party coverage compensating the insured when the at-fault driver is uninsured or, in hit-and-run cases, unidentified. California Insurance Code § 11580.2 requires automobile liability insurers to offer UM bodily injury coverage to all policyholders. Approximately 16.5% of California drivers are uninsured (Insurance Research Council, 2022), making UM coverage practically important.

Underinsured Motorist (UIM) Coverage

First-party coverage that applies when the at-fault driver's liability limits are insufficient to cover the plaintiff's actual damages. UIM bridges the gap between the at-fault driver's limits and the plaintiff's damages, up to the plaintiff's own UIM policy limits. Required to be offered alongside UM coverage under California Insurance Code § 11580.2.

Punitive Damages

Damages awarded in addition to compensatory damages in cases where the defendant acted with malice, oppression, or fraud. California Civil Code § 3294 requires proof by clear and convincing evidence. In car accident cases, conscious drunk driving has been recognized as meeting the malice standard (Taylor v. Superior Court, 1979). Standard automobile liability policies typically exclude punitive damages — any award must be collected from the defendant personally.

Economic Damages

Quantifiable financial losses — including past and future medical expenses, lost wages, diminished earning capacity, and property damage. California imposes no cap on economic damages in automobile accident cases. Economic damages are calculated from documented costs and, for future losses, expert projections.

Non-Economic Damages

Subjective losses including pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. California imposes no cap on non-economic damages in automobile accident cases. Note: MICRA's $350,000 cap on non-economic damages applies only to medical malpractice — not to vehicle accident claims.

Respondeat Superior

A doctrine imposing employer liability for employee negligence committed within the scope of employment. Applies when the at-fault driver was driving for work at the time of the crash — making the employer jointly liable. Relevant in accidents involving delivery drivers, rideshare drivers, and commercial vehicle operators.

Government Claims Act

California's Government Claims Act (Gov. Code § 810 et seq.) requires presentation of a tort claim to the responsible government entity within six months of the incident before a lawsuit may be filed. Applies to accidents involving state, county, and city vehicles. A lawsuit filed without a timely government claim is subject to dismissal regardless of the merits.