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Scarlett Law Group - Auto Accidents In California
Motor Vehicle Negligence
Generally, an action for negligence requires to be proved by showing that the defendant vehicle operator breached a legal duty owed to the injured plaintiff, and that the breach of such duty was a proximate or legal cause of the plaintiff's injuries.
For example, in California, a motorist, driving on either public or private roads, must exercise certain degree of care and caution that ordinarily a careful and prudent person, acting in the same or similar circumstances, would exercise for the safety of others traveling on the road. [See, e.g., Sills v. Forbes, (1939) 33 Cal.App.2d 219, 227]
In most states it is well established that a motorist, at all times, must use ordinary care to avoid colliding with another vehicle, and must be alert and watchful so as to avoid danger. While such a motorist may assume that others will use ordinary care; he/she cannot for any reason omit any of the care that the law demands of him/her.
Drivers of vehicles must use ordinary care to prevent injuries to pedestrians. Pedestrians are required to use ordinary care too.
The factors to be considered in the investigation of an accident are:
- Whether or not a driver's view was obstructed,
- Whether the motorist was in violation of the Vehicle Code or other statute,
- The knowledge of conditions the motorist had,
- And the weather conditions.
For example, in many states, an injured motorist can legally establish his/her claim through utilization of the legal theory of negligence per se. Generally, in order to establish negligence per se, the injured party must show that a defendant motorist violated a statute, ordinance or regulation. The violation of that statute must have proximately caused the injury. Also that the injury must have resulted from an action, that the statute was designed to prevent. Lastly, in most jurisdictions, the injured party must establish that he/she was one of the classes of people for whose protection this statute was adopted. [See, e.g., California Evidence Code, Section 669].
Here is an example of negligence per se: A motorist suddenly stopped her automobile without first giving an appropriate signal to the driver of the vehicle which was immediately behind her. The vehicle behind collided with her automobile. There was no proof that she did not have a reasonable opportunity to signal before stopping. Under virtually these circumstances, a court in California found that the motorist's failure to give signal of her intention to stop constituted negligence per se. [See, e.g., Lutz v. Schendel, (1959) 175 Cal.App.2d 140; California Vehicle Code Sections 22109, 22110].
If you or someone you know has been injured
as the result of an auto accident or car crash,
you need the assistance of The Scarlett Law Group.
Call 800-262-7576
today to speak with a California Personal Injury Attorney.
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The Scarlett Law Group: California Automobile Accident Lawyers
The car accident, automobile accident, brain injury, traumatic brain injury, spinal cord injury, aviation accident, airplane crash, catastrophic injury, toxic tort, personal injury, wrongful death, medical malpractice, nursing home negligence, negligence, product liability or other legal information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact a brain injury lawyer, personal injury attorney or wrongful death lawyer at our San Francisco California law firm.
Serving the Counties of: Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, Sonoma - and the surrounding cities of: Alameda, Albany, American Canyon, Belmont, Belvedere, Benicia, Berkeley, Brisbane, Burlingame, Corte Madera, East Palo Alto, Emeryville, Foster City, Fremont, Hayward, Hercules, Larkspur, Martinez, Menlo Park, Mill Valley, Millbrae, Milpitas, Mountain View, Napa, Newark, Novato, Oakland, Palo Alto, Pinole, Redwood City, Richmond, San Bruno, San Carlos, San Francisco, San Jose, San Leandro, San Mateo, San Pablo, San Rafael, Santa Clara, Sausalito, Sonoma, South San Francisco, Sunnyvale, Tiburon, Union City, Vallejo. Also representing the Central Valley areas including: Sacramento, Carmichael, Citrus Heights, Elk Grove, Folsom, Lincoln, Rancho Cordova, Roseville, Stockton, Modesto, Fresno and Bakersfield.
Representing auto and truck accidents throughout California covering State Highways including: Pacific Coast Highway 101, Route 1 Big Sur Coast Highway, Highway 580/I-80, Interstate 880, California State Route 99, Highway 24, Interstate 5, State Route (SR)137, State Highway 4, Highway 280, State Highway 17, State Route (SR)157
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