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Negligence In Vehicle Accidents: The Basics
California ranks high on the list of U.S. states with the most severe and fatal car accidents. The high population and numerous roads and highways in the state are a significant cause of California’s high ranking on this list. A high percentage of these accidents can be categorized under the broad category of negligence.
In order to fully understand what it means when someone says a person is negligent in an accident scenario, or to understand what it takes for a case of negligence to become severe enough for a lawsuit to be filed, consider reading this article. If you have any legal concerns or questions, please do not hesitate to contact us at Arash Law by calling (888) 488-1391 to receive an initial consultation for no charge.
The majority of automobile accidents are the reason for a rise in personal injury claims in the United States. This should not be that surprising, as in 2012 alone, 5,615,000 car crashes were reported by police, according to data from the National Highway Traffic Safety Administration (NHTSA).
What Is Considered “Negligent Behavior” For California Motorists?
When you are negligent of something, then it means that you are not taking the proper action for something that is being done. When referring to negligent behavior when driving, it means that you are not paying attention to the road when you are driving. Another description of careless driving is when you do not replace the tires, or if you disregard the laws of the road.
There are several descriptions of what it can mean to be negligent when driving.
Responsibilities For A Driver Behind The Wheel
The responsibility of any driver who chooses to get behind the wheel is that they need to take reasonable actions to prevent other drivers from incurring injuries or property damage. In the legal sense, for a person to be considered negligent, it is first required that a person had a duty of care. What this means is that a person must act as any reasonable person would expect them to in order to prevent any accidents from occurring.
It will then need to be shown that the person driving was breaching the duty required of them. What this means is that it must be proved that a person was doing something that broke the laws of the road, such as talking on the phone, or any other activity that is illegal while the person was driving the vehicle. A case can still be considered a negligent case when the driver who is at fault did not take the steps necessary to prevent the damages or injuries presented in the case, even if they did not intend to bring destruction to property or harm to any person.
A Method In California For Determining Fault And Negligence
There is a common misconception that when a person is partially at fault for a car accident, they will not have any recourse available to them legally. In California, this is not the case.
Comparative negligence is used in California, and what this means is that each of the parties involved with the accident is responsible for the share of the damages they caused. Under this system, these parties can include the injured victim. They can still pursue compensation even if they’re found to be up to 99% at fault. However, the damages they can seek will be reduced by their share of responsibility in the accident.
Take, for example, two parties are involved in a motorcycle accident. The at-fault driver was 60% at fault; the injured driver was found to be 40% at fault. The injured driver files a lawsuit against the at-fault driver. Based on the total amount awarded for damages by a judge or jury, the compensation that needs to be paid by the at-fault driver will be reduced by 40%, or the percentage of fault shared by the injured driver.
The Law For Motor Vehicle Accidents In California
The law of negligence, more often than not, is what governs the legal claims that come about through motor vehicle accidents. Typically, those who operate vehicles are required to use what is known as “reasonable care under the circumstances.” When a person does not proceed with reasonable care, they may be considered to be acting negligently.
When a person operates a vehicle in a manner that is considered to be negligent, they could be held responsible for paying for whatever damages may have occurred in the accident, whether they were to property or to an individual. The plaintiff, who is also known as the injured party, will be required to show proof that the other party, the defendant, was acting negligently, that the negligent behavior was the likely cause of the accident, and that the accident in question is what caused the injuries to the plaintiff.
Accidents With Motor Vehicles And Negligent Behavior
Just as it is with any other type of accident that may occur, determining who the at-fault party is depends on identifying who was acting negligently leading up to a traffic accident. For the majority of these types of accidents, you may be able to tell through instinct when a driver, pedestrian, or cyclist has acted carelessly, but you cannot typically determine which law that person has violated.
A personal injury lawyer can help you identify who was at fault for your accident. They can sort through many different sources, such as witness statements, police reports, and state traffic laws.
The courts will also look into a variety of different deciding factors in order to determine whether or not the driver involved was acting negligently. Some factors that they may use can include, but are not limited to:
- Not following signals or traffic signs correctly can lead to failure-to-yield accidents.
- They are not using their signals when they are turning.
- Driving above or below the posted speed limit contributes to speeding-related accidents.
- They are not paying attention to traffic conditions or weather conditions.
- When a driver is under the influence of alcohol or any type of drug.
- A person driving could be considered to be liable for an accident if they were intentionally found to be acting recklessly. Reckless driving accidents occur when someone operates a vehicle in an unsafe manner that disregards the risk of causing harm.
- Passing improperly, such as by not signaling when making a turn or using an emergency lane, shoulder, or median in order to pass another vehicle.
- The person is driving too fast for the current road conditions or is driving faster than the posted speed limit for that area.
- Excessive changing of lanes or improper changing of lanes, including not checking properly that a lane change can be completed safely, or not signaling to do so.
The NHTSA has defined driving recklessly as unlawful driving actions in the following manner:
NHTSA reports that alcohol-related crashes claim approximately 30% of all traffic fatalities in the United States. These preventable deaths occur at an alarming rate, with one alcohol-related fatality occurring every 42 minutes. When a lawsuit is made for a driving accident that involves alcohol, the driver may not be the only person who is held responsible for the damages or injuries that are caused by the accident. The establishment that served alcohol to an intoxicated driver, such as a bar, restaurant, or social party host, could also be held liable for the accident due to not stopping the driver. This, however, does not take away the liability of the driver who was intoxicated.
Skilled car accident lawyers are aware of which laws may apply when establishing liability in a case. You can contact one if you are not sure who may be responsible for the injuries you or a loved one may have acquired due to an accident caused by a driver under the influence. At-fault parties can include businesses as well as people whom you may not have thought of being responsible in your case.
When The Drivers Involved Did Not Cause The Car, Truck, Bicycle, Or Motorcycle Accident
There are some cases where an accident has occurred, but the factors that are not related in any way to any driver involved are determined to be the cause of the accident. Let’s say, for example, there is an automobile accident that has occurred, but it is determined that the fault for the accident was caused solely by a specific vehicle’s defect.
In this instance, the party that is responsible for the injuries sustained in this case would be the supplier or the manufacturer of the automobile due to the defect in the vehicle, and it falls under a law known as product liability.
A product liability claim arises when a defective product causes physical injury to a user or consumer, even when that product was used as intended. When a manufacturer has created a product that turns out to be defective, due to labeling, designing, or manufacturing, it leaves them potentially liable for the case and any injuries that were caused, regardless of whether or not they were negligent.
Other factors can contribute to accidents as well, such as traffic control signals malfunctioning and roads that have been maintained poorly. Other issues that can cause serious accidents are:
- Maintenance
- Design that is improper
- Signage
- Construction
- Lighting
- Trees that are placed poorly
- Utility poles that are poorly placed
- Other defects on the highway
For this type of case, a government entity can potentially become the defendant. Certain specific rules apply to lawsuits brought against any government body; in these cases, it can help to seek legal assistance in pursuing this type of claim.
Call Your Lawyer To Learn More About Car Accident Claims And Your Rights
If you or someone you love is suffering due to a car accident, you may have questions that you want answered. When you look over a claim with an attorney, you might be able to determine who, if anyone, was negligent in your case, and if that negligence is the cause of your injury.
If you’ve been injured, contact an experienced Los Angeles personal injury attorney to handle your injury case.
If you have questions regarding negligence, we can help. If you or someone you love has been hurt or had property damaged in a car accident, you may have grounds to file a personal injury lawsuit. You can get answers to your questions by contacting Arash Law at (888) 488-1391 and scheduling a complimentary initial consultation. Our lawyers have years of experience in representing clients pursuing car accident claims and other types of personal injury cases.
The laws governing personal injury claims in California only give victims of an accident a relatively limited amount of time to negotiate a car insurance settlement and file a lawsuit, if necessary. Let our car accident lawyers in Los Angeles help you gather all the legal requirements for your case so that you can pursue compensation.
