All motorists in California owe a duty to other drivers, passengers, pedestrians and other people on the roadways. When a fatal motor vehicle accident occurs, it is likely that at least one person breached this duty by driving irresponsibly. This breach of duty can cause an accident, as well as serious injuries and damages.
Multiple parties may be liable for the injuries and deaths caused by a motor vehicle accident. If you or a loved one has been involved in a car accident, a personal injury attorney can help you file a personal injury or wrongful death lawsuit to recover damages from any negligent parties that caused your accident.
Driver negligence
All drivers in the state of California is legally obligated to adhere to all traffic laws when operating a motor vehicle. When a driver fails to exercise caution behind the wheel, they have likely breached one or more traffic laws and could be held liable for damages. Some of the most common forms of driver negligence include:
- Driving while distracted (e.g. texting, eating, adjusting the radio)
- Driving too fast for conditions
- Failing to stop at a stop sign or red light
- Failing to yield the right-of-way at an intersection
- Driving while under the influence of drugs or alcohol
- Following too closely behind another vehicle
- Failing to merge safely
- Failing to pay attention
Negligent entrustment
When a driver is operating another person’s vehicle with permission from the owner of the vehicle, the owner of the vehicle may also be liable for damages for negligently entrusting the vehicle to the negligent driver.
Vicarious liability
If the driver is operating their vehicle as an agent or employee of their employer, while within the course and scope of their employment. their employer may be held vicariously liable for the driver’s negligence.
Car accident-related injuries and deaths can be devastating for the victims and their families. An attorney can help you recover financial support to help you during this difficult time.