What is the difference between a plaintiff and defendant in a motor vehicle accident case?

Barker v. Wah Low (1971) 19 Cal.App.3d 710, also cited by appellants, is distinguishable for the same reason. In Barker, a patron of a drive-in restaurant was standing at an outside service window when a car parked in a nearby parking space lurched over wooden bumper stops and pinned him against the wall, causing fatal injuries. The driver said the accelerator had stuck. As in Robison, there was no indication of criminal conduct by the party responsible for the injuries.