There are many different rules established by the law (whether through statutes or court cases). Some are very well known, while others are known mostly only by lawyers. One of these rules, called the “going and coming” rule, affects whether the law considers you to be on the job or on your own time when an accident happens. While many people often associate this rule with claims for workers’ compensation benefits, it can also play an important role in your personal injury case, potentially in a negative way. With representation from a knowledgeable California accident attorney, however, you may be able to overcome this rule and still maximize your claim for damages.
One recent case in which this rule had an important impact was the injury lawsuit filed by a bicyclist named Andres. Andres was riding his bicycle in San Diego County when he collided with a vehicle owned by Brian. Andres hit Brian’s vehicle because Brian opened his vehicle door into Andres’ path, and the bicyclist could not avoid the collision.
Clearly, Andres had a potential claim against Brian, alleging that Brian was negligent in opening the door and that that negligence caused the accident. Pursuing only Brian, however, might mean that Andres might not be able to recover a damages award that fully covered all of the harm he suffered.