In California car crashes involving vision-impaired drivers, the motorist whose actions caused the accident should be liable for damages. This means if a driver’s poor vision does not influence the occurrence of a collision, they are not responsible for the accident.
Read on to learn more about car crashes caused by vision-impaired drivers and how to determine liability in such a circumstance.
What is Considered a Bad Vision?
Impaired vision generally indicates that a person’s eyesight is outside the normal range and cannot be returned to normal with contact lenses or eyeglasses. Unfortunately, many adults experience bad visions due to several reasons, such as genetics and surgical complications. According to the National Health Interview Survey by the Centers for Disease Control and Prevention, 18.4% of adult Americans are either blind or have “some” or “a lot” of visual impairment, even with corrective glasses.
Moreover, there are several types of poor vision that an individual may experience, including:
- Myopia, or nearsightedness, is the inability to view distant objects.
- Hyperopia, or farsightedness, is the inability to see close objects.
- Astigmatism is an irregularly shaped cornea or lens that causes distortion or blurriness in vision.
- Presbyopia is the age-related inability to focus on near objects.
- Low Vision is a severe visual impairment not wholly remedied by surgery, contact lenses, or glasses. It can include glaucoma, diabetic retinopathy, macular degeneration, and severe myopia.
- Blindness is a complete or almost total loss of eyesight.
Is Bad Vision a Disability?
Most individuals experiencing poor eyesight ask, “Is Bad Vision a Disability?” Not all types of bad eyesight can be considered as a disability.
According to the Americans with Disabilities Act, an individual with a vision impairment that significantly restricts their ability to see or affects the primary bodily function of using special sense organs, such as the eyes, is considered to have an “actual disability.”
This means that a person’s ability to execute tasks determines whether they have a disability. For instance, poor vision may be deemed a disability if it interferes with tasks like driving, reading, or working and can’t be sufficiently addressed by glasses or contact lenses.
On the other hand, it is not considered a disability if an individual with bad vision can perform tasks similar to those of someone without such a condition, provided that they have equipment or medication to correct it, such as corrective glasses.
Can Drivers with Poor Vision Legally Drive in California?
Drivers with poor vision can drive in California if they pass the vision tests indicating they can drive.
The California Department of Motor Vehicles typically conducts examinations to determine a driver’s ability to drive despite their vision impairment and allow them to have a legal license. These standards usually include a minimum visual acuity of 20/40, with or without corrective lenses.
If you fail to meet the DMV’s vision requirement of 20/40, you must consult a vision specialist. The DMV will provide you with a Report of Vision Examination (DL 62) form to be completed by the specialist.
Moreover, if your vision doesn’t exceed 20/70, the DMV might issue a 30-day temporary DL to allow you to undergo further vision testing. Additionally, all DL applicants must have a visual acuity of better than 20/200 (best corrected) in at least one eye before a DL can be granted.
Can I File a Claim for a California Car Crash Involving a Vision-Impaired Driver?
Generally, you can file a claim for a California car crash if it results from another driver’s wrongful actions. However, in such a case, you must prove that the driver’s negligence directly caused the accident before having the right to compensation.
In personal injury, you can demonstrate an individual’s negligence through the following elements:
- The driver was responsible for ensuring everyone’s safety when sharing the road.
- They failed to fulfill this duty.
- The breach resulted in an accident.
- The accident caused injuries and other damages.
In a California car crash involving a vision-impaired driver, a driver can’t be responsible for a crash for having bad vision. Instead, you should prove that the collision results from their actions.
For example, a driver with poor vision failed to see a pedestrian crossing from afar. They then veered towards your lane to avoid hitting the pedestrian. Unfortunately, they collided with your vehicle instead. In this case, the driver is responsible for the crash since they were unaware of the risks and ended up causing a collision.
On the other hand, you are liable for the damages if your actions caused the accident. For example, a driver with low vision was entering an intersection. Unfortunately, you hit their vehicle since you were distracted by your phone and did not see them. In this situation, you are responsible for the damage expenses caused by the crash.
When filing a California car crash claim, you must have sufficient evidence justifying that the accident stems from the other driver’s actions. Otherwise, you won’t have the right to compensation. It is best to contact a California auto accident lawyer who can help you collect proof and demonstrate liability to win your case.
What Happens If I’m Partially Liable?
In some cases, both drivers can bear responsibility for an accident. Even if you share some fault for the crash, you can still pursue a claim against the other negligent driver.
California follows pure comparative negligence, which allows injured parties to seek compensation for damages even if they contributed partially to the accident. However, the compensation awarded is reduced proportionally based on the degree of their fault in the incident.
For instance, suppose you were distracted on the phone when a driver with poor vision unexpectedly entered traffic, leading to a collision that you couldn’t avoid in time. If the court determines that you are 30% responsible for the accident, you will receive 70% of the settlement.
Conversely, the teen driver may seek compensation for 30% of the damages. This is why hiring a California auto accident lawyer who can evaluate the case details and advocate for the appropriate compensation on your behalf is crucial.
What Damages Can I Include in My Compensation?
When computing your overall settlement amount, it is crucial to consider all the tangible and intangible damages stemming from the accident.
Economic damages encompass quantifiable financial losses supported by tangible evidence such as receipts and documents. These may comprise:
- Medical expenses
- Property damage costs
- Lost wages
- Anticipated future income loss
- Out-of-pocket expenses
On the other hand, non-economic damages represent intangible losses resulting from the accident, including its emotional and psychological impact. Examples include:
- Pain and suffering
- Loss of emotional support and companionship
- Reduced quality of life
- Emotional distress
- Post-Traumatic Stress Disorder (PTSD)
Moreover, punitive damages may be awarded by the court in cases where the at-fault driver’s behavior is deemed excessively reckless, intentional, or malicious.
While assessing economic damages is relatively straightforward due to documented evidence, you may need the help of a California auto accident lawyer who can quantify non-monetary losses. They can analyze and maximize compensation for these intangible losses and determine eligibility for punitive damages.
Do I Need a California Auto Accident Lawyer to Protect My Rights?
Being involved in a California car crash with a driver with poor vision can be confusing. You must identify the cause of the accident by considering all factors that influenced the occurrence. What happens if you are too injured from the collision, hindering you from gathering evidence to prove your claim?
A California auto accident lawyer is pivotal in justifying your case by compiling vital evidence to substantiate your claim and advocating vigorously on your behalf. Additionally, they can provide the following legal assistance to strengthen your case:
- Gathering essential evidence to build a robust legal argument.
- Determining the liability of the party responsible for the accident.
- Evaluating the complete scope of the damages suffered.
- Engaging in negotiations with the insurance company.
- Initiating legal proceedings in court if necessary.
The Law Offices of Larry H. Parker boasts a team of highly skilled attorneys specializing in California car crashes. They bring extensive experience in personal injury law. To explore the optimal legal strategies for your case, contact us at 800-333-0000 or schedule a free consultation.
What Our Clients Say About Us
While many personal injury lawyers may accept your case and build a legal defense, none will champion your cause as fiercely as we do. Our California car accident attorneys are exceptionally well-equipped to create a flawless claim, as affirmed by our previous clients:
“From the first call to the last, I felt they were there for me. I was never in a situation where I needed a lawyer before, but after talking to them, I never had to worry about a thing!” – S. Doeden.
Frequently Asked Questions
Accidents may be upsetting and complicated, leaving everyone involved with questions about their rights, obligations, and legal alternatives. Understanding the aftermath of an accident is critical for safeguarding your rights and getting proper compensation, regardless of whether you are the driver, passenger, or pedestrian.
If you have further questions, we answered some of the most often-asked concerns about road accidents.
- Understanding Loss of Consortium and Its Place in Your Personal Injury Case
- 5 Things To Expect in Mediation for Car Accident Settlements
- Does a Poor Driving Record Affect My Car Accident Claim?
- How Much Can You Expect to Receive in a Personal Injury Case Regarding a Traumatic Brain Injury?
Works Cited
“comparative negligence | Wex | US Law | LII / Legal Information Institute.” Law.Cornell.Edu, https://www.law.cornell.edu/wex/comparative_negligence. Accessed 17 May 2024.
“NHIS-Adult Summary Health Statistics.” gov.cdc.wwwn. Accessed 17 May 2024.
“Vision Impairment and DMV Requirements.” California DMV. Accessed 17 May 2024.
“Visual Disabilities in the Workplace and the Americans with Disabilities Act.” Equal Employment Opportunity Commission, 26 July 2023. Accessed 17 May 2024.
