While many car accident victims in San Francisco and throughout the Bay Area understand that the legal theory of “negligence” is the basis for imposing liability in most car accidents, most motorists do not know precisely what the term means. Negligence in the sense of a motor vehicle accident in a San Francisco refers to the failure of a driver through an act or omission to take reasonable care to prevent foreseeable harm to others.
Sometimes people use the term interchangeably with the term “fault.” While fault is one aspect of negligence, negligence also requires that the act or omission (e.g. unsafe driving practice) cause actual injury to the plaintiff in a car accident case. Many times where the issue of fault seems fairly clear, the insurance company for the other driver will dispute whether a car crash victim was actually injured particularly in low impact collisions. Many car crashes on Bay Area roadways, such as U.S. 101, I-80, I-580 or any other heavily congested freeway or highway in the Bay Area, you may be involved in a collision that occurs at a relatively low rate of speed in bumper to bumper traffic. Many serious and debilitating whiplash injuries occur in these collisions. While some people do not realize the potential severity of a whiplash injury, it may incapacitate an accident victim for months resulting in intense pain and prolonged time off work. Insurance company adjusters routinely contest the severity or existence of injuries in such crashes based on the lack of vehicle damage.
One of the most common situations that may constitute the basis for negligent conduct in a San Francisco car accident is a violation of the California traffic safety laws. Here are a few examples of such violations:
- Speeding
- DUI/DWI
- Unsafe following distance
- Running a red light or stop sign
- Failure to yield
- Illegal turns
While there are many other traffic violations that may constitute negligence, these are a few of the most common violations that may constitute negligence in a San Francisco car accident. When a driver violates a traffic law or other safety statute designed to protect drivers, passengers, motorcyclists, bicyclists and pedestrians, these violations may constitute a special type of negligence referred to as “negligence per se.” This important legal doctrine provides that the violation of a public safety statute designed to protect the public may be the basis for strict liability if injury is caused by the party that violated the law and injury occurs to someone the statute was designed to protect.
Because traffic safety laws like those listed above are designed to protect others who use the roadways, a violation of the statute may be determined without more to be unreasonably unsafe conduct provided the driving behavior caused injury to a vehicle occupant, pedestrian or anyone else using the roadways.
Other acts that might be considered negligent conduct other than actual violations of traffic laws may include the failure to properly maintain one’s vehicle. Many drivers operate their vehicle with bald tires or fail to check their tire pressure. Distracted driving where one is playing with the radio, eating or engaging in a conversation with a vehicle passenger also may constitute negligent conduct when it causes an accident resulting in injuries or vehicle damage.
Contact Us
If you or someone you love has been injured or a loved one has died in a San Francisco car accident, our San Francisco car accident attorneys have a long history of providing effective legal representation for San Francisco car accident victims. We invite you to contact The Law Office of Ian Zimmerman for your free initial consultation. We are open 9:00 a.m. to 6:00 p.m., speak Cantonese and Mandarin Chinese, and are available for weekend, evening, home and hospital meetings and visits. We also offer free initial consultations and work exclusively on a contingency fee basis so that you pay nothing if we don’t win your case.