Car Crash and Negligence

By: Joan Guevarra
Submitted: 2009-10-20 17:52:46
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Under the law, drivers have a duty to use reasonable care to avoid harming anyone encountered on the road. Drivers owe their passengers, other motorists, pedestrians, as well as themselves and the state the following duties:

•    Drive at a reasonable speed - California has a “Basic Speed Law.” This means drivers should never drive faster than is safe for current condi¬tions. Drivers have a duty to drive at a reasonable, prudent speed.
•    Driver attention and constant vigilance - Drivers have a duty to be alert and be attentive to the road in order to maintain a careful lookout for other vehicles, pedestrians, and road hazards.
•    Maintain control of the car at all times - Drivers are expected to keep their car under control at all times in order to prevent accidents. Unnecessary weaving, tail-gating and failure to heed traffic signals may cause drivers to lose control of their vehicles.
•    Proper car maintenance – Drivers must ensure their vehicles do not malfunction or stall or run out of fuel while on the road. Cars must be kept in safe working order to avoid accidents.

In car crashes, the lack or omission of any of above-mentioned driver duties is also against the law. Further, the absence of the exercise of due care and diligence of the part of the driver would give rise to a "presumption" of negligence.

Negligence generally means careless or inadvertent conduct which result to harm or damage. It is a recurring factor in an aggregate majority of automobile accidents. The driver, who caused the car crash, can be presumed to be negligent if he:

•    Drives under the influence of alcohol or drugs
•    Fails to keep a proper lookout or to take care when driving by a road construction site or a school crossing
•    Violating right-of-way rules, including a pedestrian’s right of way
•    Even if he was driving under the speed limit, if the situation warrants a greater degree of care such as foggy weather or heavy snow, he can be considered negligent
•    Uses the cell phone to text or talk while operating a motor vehicle

However, there are certain car crash accidents where the driver is considered as 99% at fault or negligent. Under the doctrine of “No Doubt Liability”, these car crashes are:

Rear-End Collisions - A basic rule of the road requires a vehicle to be able to stop safely if traffic is stopped ahead of it. This is the reason why tail-gating is against road rules -- if the car cannot stop safely then the driver is not driving as safely as the person in front.

Left-Turn Accidents - A car making a left turn is almost always liable for a collision with a car coming straight in the other direction.

Negligence is a legal theory often applied in car accident cases which would hold the negligent driver liable for any injuries or damages incurred by the other party. Thus, it is important to exercise due care and diligence at all times especially when you’re on the road to avoid car crashes.

Article source: Expert Articles