Legal Question in Traffic Law in California

Hit Chair on Freeway

An object had fallen out of a pickup truck while a family was moving their belongings and came to rest in the left lane of a freeway. This was at night. There was a car in front of me that swerved to avoid the object. I saw the object, swerved to the left, but it was too late to avoid hitting it. I was traveling at 65 MPH, the posted speed limit for this freeway. I turned around and went back to see what I had hit. It was a large, over-stuffed chair. The owner was there retrieving it and gave me his business card for identification in order to contact him later. After contacting him he informed me that his insurance company said in California both parties are equally liable for damages occurring when an object is struck in the freeway after it has come to rest. My question is, is this true? Is each party 50% responsible? Also, if my insurance gives me a settlement for my claim, is he still responsible for my damages even though my insurance has paid me?

Specifically, if my damages are $1300 and my insurance gives me a check for $1100 ( $1300- $200 deductible) can i still collect the entire $1300 in damages from him? Thank you.


Asked on 8/10/00, 1:13 am

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Hit Chair on Freeway

You can try. He left of small claims court. The owner of the chair is responsible to some extent because he failed to properly secure the chair. An argument can be made that you are partially responsible also because the law requires you to drive in such a speed so you are not driving too fast for the conditions present. It is really matter of argument and which side is more persuasive.

Even though you collected money from your insurance company, the law still allows you to collect the full amount from the other side. However, the terms of your insurance policy may require that you reimburse your insurance company if you do collect. That is, if your insurance company finds out about it.

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Answered on 12/01/00, 9:36 am


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