The Causes of San Bernardino Rollover Accidents

According to an August 2017 article in The Press-Enterprise, a Fontana driver was killed and a passenger critically injured in a rollover crash. The driver, a 19-year-old from Fontana, was killed and her passenger critically injured after a rollover crash in the early morning hours. The female driver, operating a 2002 Chevy Silverado, was traveling on Bridlepath Drive about 1 a.m. when the victim allegedly struck the center median. Both the driver and passenger were ejected from the vehicle.

Although witnesses indicated that the driver was allegedly speeding at the time, police were conducting an investigation into the crash at the time of the report. It is not known if the passenger will sue the driver’s estate.

What is a Rollover Car Accident in San Bernardino?

A rollover car accident involves a vehicle turning or flipping repeatedly prior to landing either on its roof, side, or upright. The rollover accident can happen for any reason such as a manufacturing defect in the vehicle. A manufacturing defect may cause the vehicle to tip over at any time while the vehicle is in operation.

A rollover accident can be caused by a number of factors. Some of the most common include:

  • Type of motor vehicle: The majority of rollover accidents involve larger motor vehicles like trucks, SUVs, buses, and tractor-trailers. They have a higher center of gravity than most passenger vehicles, making these vehicle more prone to rolling over upon impact.
  • Speeding while making a turn: Failing to slow down in time to make a left or right turn is one of the main causes of a vehicle rollover. Speed while turning often contributes to the instability of a vehicle. When these things happen, the rollover accident may become deadly. Negligence may be a factor when speeding while making a left or right turn.
  • Weather conditions: Weather conditions can have a serious impact on a driver’s ability to operate a motor vehicle. Weather conditions include rain, hail, or a thunderstorm. Even if the rain has ceased, the wet surface combined with oil or residue on the street can cause a rollover accident.

Negligence in Rollover Accidents in San Bernardino

If a rollover accident happens and it is no one’s fault, an accident victim injured in the crash cannot sue for injuries. The other driver must be at fault in the rollover accident. Now, if the other driver is at fault and does not want to pay damages, the accident victim does have legal recourse. He or she can sue for negligence.

Negligence is the failure of a driver to act like a reasonable driver would in the same and/or similar circumstances. The driver must do things like obey traffic laws and not cause an accident. If someone does not act like a reasonable driver, he or she can be found negligent if those actions lead to an accident.

Contact Sanford A. Kassel, A Professional Law Corporation About Your Rollover Accident

You were injured in a rollover accident. You need an attorney to help you get the compensation you deserve. Contact us.

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.

A Victim of a San Bernardino Car Accident can Sue Even if Partially at Fault

According to a July 2017 article in The Press-Enterprise, three people were killed in an accident after a man ran a red light. A man driving an SUV allegedly crashed into a car in Apple Valley.

The car crash happened in the early afternoon at the intersection of Bear Valley Road and Deep Creek Road. The SUV’s driver ran a red light and crashed into a 2013 Honda Civic turning west from Deep Creek Road.

The driver and occupant of the Honda, a 63-year-old male and 77-year-old passenger, died at the accident scene. The SUV driver was airlifted to the hospital where he later died.

The police were investigating the accident at the time of the article and did not initially have another cause of the crash.

Pure Comparative Negligence Allows a Victim who Shares Blame in an Accident to Sue for Damages

A defendant trying to avoid paying an injured plaintiff will have many legal defenses to help avoid liability. One type of defense is called comparative negligence. Comparative negligence is claiming that a plaintiff injured in a car accident did something wrong to help cause the accident, essentially contributing to his or her own injuries.

According to California law, an injured victim has the responsibility of protecting him or herself from harm by not doing anything to cause an accident. If an accident does occur and the injured plaintiff is at fault, a judge can compare fault.

In some states, if the injured plaintiff is deemed to be at fault more than 50%, then he or she cannot receive damages. Other states use a form of comparative negligence that alters the amount an injured plaintiff can receive if he or she shares fault for the accident.

Pure Comparative Negligence in San Bernardino

In California, comparative negligence is further broken down into another type of negligence called pure comparative negligence.

Pure comparing fault involves assessing a percentage of fault to each driver. The amount of the plaintiff’s fault decreases his or her damages. For example, a defendant ran a red light and caused an accident. The injured plaintiff was texting at the time and did not see the driver coming towards him or her. A judge or jury would assign a percentage of fault to the injured plaintiff.

Let’s say it the injured plaintiff’s fault was 30%. If he or she did not share fault, he or she would receive 100% of damages. Being 30% at fault, the plaintiff would receive 70% of damages.

Contact Sanford A. Kassel About Your San Bernardino Car Accident

If you are partially at fault for an accident caused by another driver, you are still allowed to seek damages. Compensation for lost wages, medical costs, and pain and suffering are common types of damages sought in a car accident case. Since you may be partially at fault for the crash, your amount of damages may be lower than someone who did not share fault in the crash, but this does not mean you do not have the right to file a claim.

Contact us about your car accident in southern California. We will determine the cause of the accident and if you really share fault.