Reconsidering the James Dean Car Crash: Seventy Years Later!

In 1955, one of the last true matinee idols and an outstanding actor was killed in a car crash. Dean was twenty-four years old.

On the day of the crash, a two-tone black and white 1950 Ford Tudor was headed east on U.S. 466, just west of the junction near Shandon. Its 23-year-old driver turned left onto S.R. 41 and headed north toward Fresno. As Turnupseed’s Ford crossed the centerline, Dean—clearly recognizing the imminent crash—tried to steer the Porsche Spyder in a “side-stepping” racing maneuver. However, with insufficient time and space, the two cars collided almost head-on.

Some sources attest that Dean’s last known words uttered just before impact after racing mechanic Rolf Wütherich told Dean to decelerate as the Ford Tudor pulled into their lane, as: “That guy gotta stop … He’ll see us.”

Car Crash Investigations

For many years, investigators believed Dean’s excessive speed, which they estimated to be about 85mph, substantially caused this wreck. However, upon further review, investigators now believe that Dean was traveling between 55mph and 60mph, which was at or below the speed limit at the time.

This new revelation brings up two important points for a Personal Injury Attorney in California. We’ll examine the first one now and the second one below.

Frequently, there’s a big difference between fault and liability, just like there’s a big difference between a halftime score and the final score of a college basketball game.

The halftime score is based on twenty minutes of action and the final score is based on forty minutes of action. Fault is a preliminary determination based exclusively on the evidence immediately available at the scene. Liability is a final determination based on all the available evidence, as well as any applicable legal doctrines.

The final score is the only one that matters on a basketball court, and a liability determination is all that matters in a civil court.

Comparative fault, a legal doctrine that would have applied in the Dean crash, is a good example. Since the oncoming vehicle turned directly into the path of the Spyder, a court most likely would have divided fault between the two drivers. So, they both may have been eligible for compensation, regardless of fault.

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Vehicle Collisions and Excessive Speed

From a legal perspective, speed may have substantially caused this wreck, even though Dean didn’t exceed the speed limit.

The posted speed limit is a presumptively reasonable speed under ideal conditions. If weather, traffic, road, or other conditions were less than ideal, under the duty of reasonable care, drivers must slow down and proceed with additional caution.

Different legal doctrines apply. If tortfeasors (negligent drivers) violate safety laws and cause injuries, they could be liable for damages as a matter of law, under the negligence per se principle. If they fail to use reasonable care, they could likewise be liable for compensation, under the ordinary negligence principle.

Compensation in a car crash or other personal injury case usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

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Protect Your Rights After a Car Accident!

Car crash victims of all ages and circumstances are entitled to substantial compensation in civil court. Contact the Law Offices of Eslamboly Hakim for a free consultation with an experienced Los Angeles personal injury attorney. The sooner you contact us, the sooner we can start working for you.

Credit: Photo by Midjourney