Proving a Negligence Per Se Car Accident Cause in San Bernardino

The San Bernardino Sun reported in September of 2017 that five people were injured in a street racing incident involving two vehicles colliding. According to police, the accident happened when a vehicle traveling eastbound on Second Street broadsided a vehicle traveling southbound. The second vehicle was traveling along the 215 freeway around 8:30 p.m. The woman in the second vehicle, the one exiting the freeway, was critically injured.

Police claim that the first car traveling eastbound was racing another vehicle at the time of the accident. A total of five victims were treated at area hospitals following the crash. It was not indicated in the report if the other people injured were involved in the street racing.

The report did not indicate if the woman who was critically injured in the crash would file a personal injury claim in California court. Speed racing is against the law. A driver racing another driver in San Bernardino is breaking a traffic law. For this reason, the accident victim mentioned above may be able to sue using a more specific form of negligence to bolster the lawsuit.

Pure Negligence and Negligence Per Se in San Bernardino are Different Forms of Wrongdoing 

General, or pure, negligence occurs when a person fails to act as a reasonable person would in the same and/or similar circumstances. For instance, a reasonable driver would not have raced another driver while operating a motor vehicle in California. A negligent driver fails to act as another driver would have in the same situation when he or she races another vehicle and causes a crash.

However, negligence per se maybe separately invoked when a driver being at fault for a car accident violates a traffic law.

Proving Negligence Per Se in a San Bernardino Car Accident10

According to California law, a driver is liable under negligence per se if he or she:

  • Violated a traffic law, ordinance, or statute in California
  • The violation of the traffic law was the proximate cause of the accident victim’s injury, death or damage to property
  • The death or injury happened because the driver violated a statute designed to protect the accident victim from the exact harm
  • The accident victim was in the protected class the statute was enacted to protect from harm

Contact Sanford A. Kassel, A Professional Law Corportaion About Your San Bernardino Negligence Claim

You were involved in an accident in which a driver broke a traffic law or statute. You may have a slam dunk case, but that does not mean you do not have to fight. You still have to prove that negligence per se was the reason why you were injured. That is where we come in. We will represent you and help you gain the copmensation you deserve after an accident. Contact us.

The Cause of a Bike Accident in San Bernardino Might be Driver Negligence

According to a May 2017 article in the San Bernardino County Sun, a bicyclist was killed in a crash on Mother’s Day. At the time of the report, San Bernardino police were searching for a vehicle involved in one of the accidents. It was the driver who allegedly hit a bicyclist. The hit-and-run happened shortly after 2 a.m. in the 1100 block of 39th Street. A 52-year-old male was riding his bike traveling west and along the curb at the time of the accident. He was struck from behind by a driver possibly operating a dark Toyota Yaris. The driver was also heading west at the time of the accident. The bike accident victim was thrown off the bike and landed on the ground. He was pronounced dead at the accident scene.

The crash was still under investigation at the time of the report. It is unknown whether the bicyclist’s family would file a personal injury claim on his behalf.

What is a San Bernardino Bike Accident?

A bike accident typically involves a vehicle and a bicycle colliding. It can also include two bicyclists colliding. The cause of the collision may be negligence per se, which involves the driver breaking a traffic law. To obtain compensation for a bike injury, a victim must prove that the driver or other bicyclist was at fault.

Common Causes of Bike Accidents in San Bernardino

In a collision between a bike and a vehicle, the bicyclist typically gets the brunt of the damage, such as devastating injuries and property damage. The follow are some common causes of bike accidents:

  • Left-hand turn accidents: Drivers are usually turning left when they hit bicyclists.
  • Reversing a vehicle unexpectedly: When drivers place their vehicles in reverse without looking out for other drivers or bicyclists, accidents occur.
  • Open-door accidents: Drivers should not open their doors after parking until all traffic is clear. When they do not watch out for bicyclists, bicyclists can be hit by the open door.

Sanford A. Kassel is Your San Bernardino Bike Accident Attorney

If you or a loved one was injured in a bike accident, you have the right to receive compensation for medical expenses, lost wages, and pain and suffering. We will help you prove your case according to California’s personal injury laws. These include showing that the driver had a legal duty to avoid causing an accident and harming you. The driver breached that legal duty when he or she caused an accident and injured you. The cause of those actions was negligence, and that negligence caused your injuries. You deserve to be compensated fully.

Let’s get started on your case. We offer a free case review. Contact us.