Generally, people who drive cars and other vehicles are expected to exercise “reasonable care under the circumstances”. When a driver fails to use “reasonable care” and causes an accident, his action is considered negligence.
The law of negligence includes legal claims arising from car accidents, among others. Hence, a person who negligently operates a vehicle may be held liable to pay for damages or injuries during an accident.
In a car accident legal action, an injured victim has the responsibility to prove the liability of the culprit in an accident.
When deciding on the liability of a defendant in a car accident lawsuit, the court may consider a number of factors in determining the driver’s negligence. Some of these factors include, but are not limited to, the following bad driving habits:
• Failing to signal while turning
• Disobeying traffic signs or signals
• Driving above or below the posted speed limit
• Disregarding weather or traffic conditions
• Driving under the influence of drugs or alcohol
Other Common Causes of Automobile Accidents
Reckless Driving - A driver may be liable for an accident due to his or her intentional or reckless conduct. A reckless driver is one who drives unsafely, with clear disregard for the probability that such driving may cause an accident.
The NHTSA defines aggressive driving as a progression of unlawful driving actions such as:
• Driving under the influence of alcohol
• Speeding - exceeding the posted limit or driving too fast for conditions
• Improper or excessive lane changing: failing to signal intent, failing to see that movement can be made safely
• Improper passing - failing to signal intent, using an emergency lane to pass, or passing on the shoulder
In some cases, a car accident may be caused by external factors such as road conditions, weather factors and even car design and manufacturing defects.
Here are some of the common violations and the corresponding applicable laws violated by negligent motorist:
• Drinking & Driving Violation - Offenses Involving Alcohol or Drugs (California Vehicle Code Sections 23152 - 23229.1)
• Driving Without a License / With a Suspended License - Violation of License Provisions (California Vehicle Code Sections 14600 - 14611)
• Driving Without Insurance / With Insufficient Insurance Division 7 - Financial Responsibility Laws (scroll down) (California Vehicle Code)
• Driving Without Registration / With Expired Registration Division 3 - Registration of Vehicles and Certificates of Title (scroll down) (California Vehicle Code)
• Illegal U-Turn Turning and Stopping and Turning Signals (California Vehicle Code Sections 22100 - 22113)
• Leaving the Scene of an Accident / Hit & Run - Accidents and Accident Reports (California Vehicle Code Sections 20000 - 20018)
• Mechanical Violations - Division 12 - Equipment of Vehicles (scroll down) (California Vehicle Code)
• Reckless Driving - Reckless Driving (California Vehicle Code Section 23103)
• Reckless Driving: Bodily Injury (California Vehicle Code Section 23104)
• Running a Red Light / Stop Sign Offenses Relating to Traffic Devices (California Vehicle Code Sections 21450 - 21468)
• Seat Belt / Child Restraint Violations Safety Belts and Inflatable Restraint Systems (California Vehicle Code Sections 27302 - 27317)
• Child Safety Belt and Passenger Restraint Requirements (California Vehicle Code Sections 27360 - 27368)
• Speeding Speed Laws, Generally (California Vehicle Code Sections 22348 - 22366), other Speed Laws (California Vehicle Code Sections 22400 - 22413)
• Unlawful Vehicle Modifications Division 12 - Equipment of Vehicles (scroll down) (California Vehicle Code)
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