Common Personal Injury Cases in California, and What They Look Like

What is an example of personal injury? A driver runs a red light and hits a pedestrian in a crosswalk. The pedestrian is hurt because the driver did not use reasonable care. That is a personal injury case, and California has many common examples like it. This page explains the idea, the common types, and what to do if you are hurt.

What is considered a personal injury?

A personal injury is bodily or emotional harm a person suffers because someone else was negligent or acted wrongfully. Negligence means failing to use the care a reasonable person would use. The injury is the harm itself. The claim is the legal route to seek compensation for it.

California law puts this in plain terms. Under California Civil Code § 1714, everyone is responsible for an injury caused by want of ordinary care in managing their property or person. Cal. Civ. Code § 1714 reads: “(a) Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.”

The same kind of harm can come from different causes. A broken wrist from a car crash and a broken wrist from a fall on a wet store floor are both injuries. They raise different questions about who was at fault. The facts of each situation decide how the claim is viewed.

Common examples of personal injury

Common examples include car, truck, bus, motorcycle, bicycle, pedestrian, dog bite, premises liability, catastrophic injury, and wrongful death cases. Each one has its own facts.

• Car accidents: rear-end collisions, intersection crashes, and drivers who are distracted or impaired.
• Truck and bus accidents: crashes with commercial trucks or passenger buses. These can raise different questions about who is responsible.
• Motorcycle and bicycle accidents: riders struck by a vehicle that failed to yield or changed lanes without checking.
• Pedestrian accidents: a person hit in a crosswalk, parking lot, or along a road. Under California Vehicle Code § 21950, drivers must yield to pedestrians in marked and unmarked crosswalks at intersections. Pedestrians still owe due care.
• Dog bites: a dog bites a visitor or passerby. Under California Civil Code § 3342, a dog owner is liable for bites in a public place or on private property where the victim was lawfully present. This applies regardless of the dog’s past behavior.
• Premises liability: a slip, trip, or fall on property that was not kept reasonably safe, such as a wet floor or broken stairs.
• Catastrophic injuries and wrongful death: serious, long-term harm, or a death caused by another person’s negligence. MedlinePlus notes that car accidents can cause spinal cord injuries, which may result in permanent loss of movement, function, or sensation.

How negligence works in an injury claim

Each part must connect to the harm.

Take a driver who looks at a phone and rear-ends a stopped car.

• Duty: every driver must drive with reasonable care toward others on the road.
• California limits handheld phone use while driving under California Vehicle Code § 23123.5.
• Causation: the impact caused the neck and back injuries.
• Damages: medical bills, missed work, and pain.

Property owners owe a similar duty. In some cases, violating a statute, ordinance, or regulation of a public entity creates a presumption of lack of due care under California Evidence Code § 669, if the violation proximately caused death or injury to person or property, the harm was the kind the rule was designed to prevent, and the injured person was in the class the rule protects. That presumption can be challenged.

What do you do if you are hurt?

Get medical care as soon as possible, even when symptoms seem minor. Follow the recommended treatment and keep your appointments. Some injuries show up days or weeks later.

• Report the incident to the police or the property owner. Get the report or incident number.
• Take photos of the scene and your injuries. Write down names and contact details of witnesses.
• Save medical bills, appointment notes, and receipts.
• Keep a simple log of missed work, pain, and daily limits.
• Be careful with recorded statements or talks about fault with an insurance adjuster. Get advice first.

If a crash caused injury, time matters for reporting too.

What can an injury claim cover?

An injury claim can cover economic and non-economic losses. Economic losses are objectively verifiable money losses, such as medical expenses and lost earnings. Non-economic losses are subjective harms, such as pain, suffering, emotional distress, and loss of companionship. California Civil Code § 1431.2 defines both terms.

For a wrongful death claim, California Code of Civil Procedure § 377.60 lists family members who may bring the claim, such as a surviving spouse, domestic partner, or children.

Under Li v. Yellow Cab Co., an injured person’s own fault does not bar recovery. Damages are reduced by that person’s share of fault.

Under California Code of Civil Procedure § 335.1, an action for injury or for death caused by another’s wrongful act or neglect is generally due within two years. Results depend on the facts of each case, the evidence, and the injuries involved.

Why some injury claims are harder to prove

Some claims are harder to prove. Four problems come up often.

• Disputed fault: each side tells a different story of how the crash or fall happened.
• Missing evidence: video can be overwritten, and a scene can be cleaned up quickly. Early photos and witness names help.
• Delayed symptoms: pain that shows up days or weeks later is harder to link to the incident without prompt medical records.
• Pre-existing conditions: the other side may argue an older injury caused the current problem. Prior medical records matter.

Prompt medical care and careful records address most of these problems.

Colvin Accident Lawyers is based in Bakersfield. The firm represents accident victims and families in Kern County, Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi.

Talk with Colvin Accident Lawyers about your situation

If a crash, fall, or bite has turned your routine upside down, you may be piecing together what happened while still in treatment. You may also be helping a relative who is still recovering.

Colvin Accident Lawyers offers a free first consultation that is confidential and carries no obligation to continue. To talk through your facts, contact Colvin Accident Lawyers.

Colvin Accident Lawyers, Bakersfield, California — responsible for this site.