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.
