In general, drivers of automobiles, trucks, motorcycles and all other types of vehicles are expected to use “reasonable care” while operating a vehicle in California. In other words, a California driver has a duty to operate their vehicle in a safe and reasonable manner. Failure to do so can result in liability under a theory of negligence, potentially costing the offender a significant amount of money for any damages or injuries that were caused by the accident.
In order to succeed in a negligence action, a victim must prove that the other driver is liable for his or her failure to exercise reasonable care. Moreover, California courts, in adjudicating these types of cases, consider a number of different factors in determining a driver’s potential negligence, mainly pertaining to the driver’s bad habits. While not exhaustive, these factors include:
- Failure to use a turn signal when driving
- Not following the rules of the road
- Speeding
- Failure to consider bad weather or adverse traffic conditions
- Driving under the influence
- Improper passing or changing lanes on a highway
- Driving while distracted, i.e., whether due to eating, texting, or talking to other passengers
- Reckless and/or careless driving
- Automobile manufacturing and/or design defects
Preventing Accidents in California
While not all accidents can be prevented, there are ways in which you can avoid them. Accordingly, the following are a number of tips that can help you prevent a potential negligence suit:
- Obey the rules of the road – as much as you would like to test out the maximum speed of your brand new Mustang, it is best to avoid speeding. The higher the speed, the more likely an accident will occur, especially one involving serious injury or death.
- Be good to your car – keeping your car in good repair is really a no brainer. Many accidents are caused by people who fail to maintain their vehicle, such as by not changing the filters or failing to check that their tires are in good shape.
- Pay attention! There is a reason why the anti-texting slogan “it can wait” has become so heavily advertised on television. In the United States, over 300,000 accidents are caused each year due to distracted driving. If you need to respond to a text message or email, be smart and pull over before engaging in dangerous multi-tasking.
- Watch out for bikers and pedestrians – in California, many people love to be outdoors, especially during the summer months. As such, it is crucial to watch out for people who are out and about, especially bikers and runners who tend to be on or near the road.
Contact the Skolnick Law Group Now for Superior Personal Injury Representation!
If you or someone you know has been injured in any type of vehicular accident in California, it is crucial that you hire an attorney experienced in handling these types of cases. At the Skolnick Law Group, we will fight tirelessly for the compensation you deserve. We will also take the time necessary to answer all of your questions, guide you through the legal process, and assist you in making informed decisions about your case. As a seasoned personal injury lawyer, we serve clients in Carlsbad, Encinitas, Vista, Oceanside, San Marcos and throughout North County San Diego. To learn more about the firm’s comprehensive legal services, contact us at (760) 405-4397, or feel free to visit us online to schedule your free and completely confidential initial consultation. We have evening and weekend appointments available, and will also visit you at home in the event you can’t come to us. For the personal attention and aggressive representation you need, contact us today.