Understanding driver negligence

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Understanding driver negligence

Statistics show that a vast majority of motor vehicle accidents are preventable. This is because most accidents are causes by negligent drivers, or drivers that do not operate their vehicles in a safe manner.

As a driver in the state of California, you are legally required to have the proper licensure to operate your vehicle. Once you have obtained said license, you have a duty to other motorists, bicyclists, and pedestrians to operate your vehicle in accordance with all state laws.

When a driver fails to follow the law or operates their vehicle in a careless or reckless manner, they may be considered negligent. In addition to receiving a citation from law enforcement, they may also be held civilly liable for an accident caused by their negligence.

If you are filing a negligence claim against the other driver involved in your accident, you will likely have to claim that the other driver breached the duty owed to you by driving irresponsibly. Common forms of driver negligence include:

  • Failing to yield the right-of-way
  • Failing to pay attention
  • Driving while distracted
  • Failing to maintain proper distance
  • Failing to abide by all traffic signals and signs

Proving that the other driver was negligent is not enough to recover damages. You must also show that you suffered injuries or damages in the accident and that the other driver’s negligence caused those injuries and damages.

If you are unsure why your motor vehicle accident occurred or whether you are entitled to damages from the other driver, a personal injury attorney can review the facts of your case and advise you on whether to move forward with your claim.