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.

Protect Your Legal Rights After a San Bernardino Accident Involving DUI

According to a September 2017 article in the San Bernardino Sun, a 24-year-old San Bernardino male was accused of driving under the influence and causing a car accident. The man hit another vehicle during the crash. The accident killed the driver and seriously injured a passenger. He was arrested on suspicion of gross vehicular manslaughter along with driving under the influence.

The accident happened in the 1200 block of Kendall Drive. The drunk driver was allegedly speeding south on Kendall Drive around 1 p.m. He allegedly slammed into a Ford Escape that was traveling southbound at the time. The car accident caused massive damage to the Ford Escape. The impact sent the suspect’s vehicle, a Jetta, into a third vehicle, as well.

In addition to those injured in the first crash, two people were also injured in the third vehicle crash. The suspect was also injured during the car accidents. At the time of the article, police were investigating the accident and asking for anyone’s help who witnessed what happened.

A victim of a car accident involving a driver under the influence of alcohol and/or drugs can sue in civil court. Civil court allows a victim to obtain damages connected to the car accident such as medical bills and lost wages. A civil case is different from a criminal case. The state prosecutes the DUI suspect for committing the offense of driving under the influence. They can seek restitution, but generally they are trying to punish the driver for breaking California law.

Suing for Damages in a San Bernardino DUI Car Accident

Filing a claim is the second step in protecting legal rights in a DUI car accident. To win the civil case, the accident victim must prove the other driver was negligent while driving and that the negligence caused an accident with injuries.

In a DUI crash, negligence per se will help an accident victim win or even settle a case. Negligence per se, which means the thing speaks for itself, shows that the driver broke the law. Since the driver broke the traffic law and caused an accident, the broken law shows wrongdoing.

Contact Sanford A. Kassel Regarding Your DUI-Related Car Accident

The first way to protect your legal rights is by contacting a personal injury attorney immediately after your crash. This protects your legal rights to sue for damages if the insurance company rejects your claim or there is no settlement. You attorney will file a claim in civil court while working on your insurance claim or settlement.

Negligence per se makes a strong case for either a win in civil court or a settlement. It is obvious the other driver broke the law by operating a motor vehicle while under the influence. However, you will still have to prove your case. Contact us immediately for help with your DUI-related car accident.

Speed can be a Factor in a San Bernardino Car Accident

According to an August 2017 report in the San Bernardino Sun and a subsequent viral video showing the crash, a driver was allegedly speeding and caused a chain-reaction crash on the 10 Freeway in Colton. The dashcam footage allegedly shows an Infiniti striking a BMW. The impact sent the vehicle under a tractor-trailer, then into another vehicle, a green Mazda, prior to stopping.

When the dashcam footage was posted on social media, a citizen who saw the footage recognized the vehicle and informed California Highway Patrol of its location. The vehicle was then located in San Bernardino, but authorities could not locate the driver. The Infiniti was reported stolen prior to the accident.

The drivers of the Infiniti and Mazda both allegedly fled the scene. The driver of the BMW suffered minor injuries. Police were still investigating the accident at the time of the report.

Speed in a Car Accident Makes a Driver Negligent According to Negligence Per Se

After an accident, an investigation is conducted to determine the accident’s cause. An investigation by police will determine if any laws were broken or if anyone was criminally at fault for the crash.

An investigation done by a personal injury lawyer seeks to determine liability, too. Instead of placing criminally liability on a driver, the lawyer looks for financial liability. One way to show that the at-fault driver is on the financial hook for the accident victim’s damages is proving negligence per se.

Negligence per se occurs when a driver violates a matter of law such as a traffic rule. According to California law, no one is allowed to operate a motor vehicle over the posted speed limit. Of course, this law excludes first responders.

Operating a motor vehicle over the posted speed limit is a traffic offense. This traffic offense can lead to a personal injury claim if the driver caused a crash that:

  • Injured a driver and/or passenger
  • Damaged property
  • Killed another driver and/or passenger

The negligent driver would have to pay, if he or she was found liable, damages such as:

  • Pain and suffering
  • Lost wages
  • Medical expenses related to the accident
  • Funeral and burial costs if the driver and/or passenger dies

Sanford A. Kassel is Your San Bernardino Car Accident Attorney 

Being involved in an accident in which  negligence per se law makes the driver at fault does not mean that you do not have to prove your case. You and your attorney will have to go through the same steps of proving fault in your speeding car accident case as in any other personal injury claim.

We have to prove elements such as that the negligent driver owed you a duty, that he or she violated that duty, and that he or she caused an accident that injured you. We also have to prove that you have suffered damages that the negligent driver is legally responsible for paying, like medical bills. Contact us immediately.

What Is Distracted Driving?

What Is Distracted Driving?

Distracted driving is any activity that could divert a person’s attention away from the primary task of driving. All distractions endanger driver, passenger, and bystander safety. These types of distractions include:

  • Texting
  • Using a cell phone or smartphone
  • Eating and drinking
  • Talking to passengers
  • Grooming
  • Reading, including maps
  • Using a navigation system
  • Watching a video
  • Adjusting a radio, CD player, or MP3 player

But, because text messaging requires visual, manual, and cognitive attention from the driver, it is by far the most alarming distraction.

  • 71% of teens and young people say they have composed/sent SMS messages while driving.
  • 78% of teens and young adults say they have read an SMS message while driving.

The best way to end distracted driving is to educate all Americans about the danger it poses.

If you don’t already think distracted driving is a safety problem, please take a moment to learn more. And, as with everything on Distraction.gov, please share these facts with others. Together, we can help save lives.

 

SANFORD A. KASSEL, A Professional Law Corporation: San Bernardino Personal Injury Lawyers

GET THE FACTS…

 

-Public Service Publication from NHTSA (National Highway Traffic Safety Administration)

 

Types Of Distracted Driving

There are three main types of Distracted Driving:

  • Manual: taking your hands off the wheel (such as reaching for a cell phone, dialing and texting)
  • Visual: taking your eyes off the road (such as reading an electronic device, or map)
  • Cognitive: taking your mind off driving (such as being engrossed in a conversation, or reading a text or email)

 

Dangers Of Distracted Driving

According to National statistics, in 2012, approximately 3,328 people were killed and 421,000 people were injured on our Nation’s roadways due to distraction-related accidents. These are known cases where the cause of accident was due to Distracted Driving. Driver’s under the age of 20 account for the largest proportion of distracted drivers who cause accidents. 10% of all driver’s under the age of 20 who were involved in “fatal” crashes, were reported to be distracted at the time of the accident.

Greg Fitch, Sr. Research Associate, VTTI-Truck and Bus Safety, with cell phone with anti-texting message.

Image Source: VTTI | Greg Fitch, Sr. Research Associate, VTTI-Truck and Bus Safety, with cell phone with anti-texting message.

“Five seconds is the average time your eyes are off the road while texting. When traveling at 55mpg, that’s enough time to cover the length of a football field blindfolded.”

“Headset cell phone use is not substantially safer than hand-held use.”

“Engaging in visual-manual subtasks (such as reaching for a phone, dialing and texting) associated with the use of hand-held phones and other portable devices increased the risk of getting into a crash by three times.”

-VTTI (Virginia Tech Transportation Institute, 2009)

The use of cell phones has been reported in 18% of distraction-related fatalities. It doesn’t matter whether the phone is being held to the ear, or being used hands free, studies have shown that “inattention blindness” impairs a driver’s reaction times, often resulting in crashes.

“At any given daylight moment across America, approximately 660,000 drivers are breaking the law, by holding a cellphone up to their ear, or manipulating electronic devices while driving, a number that has held steady since 2010.” – NOPUS (National Occupant Protection Use Survey, #811719)

Distracted Driving Related Accidents

  • Motor Vehicle Accidents
  • Pedestrian-Vehicle Accidents

 

Contact An Experienced Southern California Injury Accident Attorney

If you have been injured due to the negligence of a Distracted Driver, or if someone you care about has been injured, or tragically killed due to a Distracted Driving-related crash, you will need the guidance of a skilled and trusted Personal Injury Lawyer. These types of cases can be very complex, and insurance companies will be hesitant to pay out maximum compensation. At SANFORD A. KASSEL, A Professional Law Corporation, we work with a top-notch team of legal experts, to build the best possible case in support of your claim. Call our San Bernardino office today, 909.884.6451, and ask to speak with one of our Personal Injury Attorneys. You may also use our online Contact Form, to send us an email, and we will be in touch with you right away.