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Driver negligence

After an accident, it is likely that the drivers involved and their insurance companies will rely on the legal concept of negligence in making their respective cases. 

What Is negligence?

Negligence is careless conduct that ends up causing harm to another person. In a car accident scenario, a person can be negligent by:

doing something that they should not have done (for example, running a red light or speeding), or failing to do something that they should have done (for example, failing to yield, not stopping for a pedestrian, or forgetting to turn on headlights while driving at night).

Some examples of Driver Negligence

  • entering an intersection on a red light
  • failing to use a turn signal at an intersection, then making a left or right turn rather than proceeding straight
  • following another vehicle too closely in stop-and-go traffic, and being unable to avoid a collision, 
  • using a phone, eating, or engaging in other distractions while driving.

What's the difference between an accident and negligence?

In the context of driving, thousands of crashes occur every day across the country—at stoplights, in intersections, in parking lots. The drivers involved almost certainly never intend to end up in a crash. That's what makes them accidents, after all (as opposed to intentional conduct).

But in many of these crash scenarios, one person's carelessness or negligence is deemed the cause of the accident. And in the eyes of the law, that negligent person is seen as legally responsible for the crash, and financially responsible for all resulting harm experienced by others, including injuries and vehicle damage.

Proving a driver's negligence

Negligence will come into play any time fault for a car accident is in dispute, whether as part of the insurance claim process, or in court.

In a car accident lawsuit, if you're the plaintiff, you need to be able to establish all of the following:

The law required the defendant to be reasonably careful. The law requires drivers to use reasonable caution in all facets of vehicle operation, so this one is a given.

The defendant was not careful. This is called "breaching" (or violating) the duty of care. In determining whether a driver was sufficiently careful, the law compares the driver's conduct with the conduct expected of a "reasonable person." If the defendant's behavior falls short of how a reasonable person would have acted under the same circumstances, the defendant has violated the duty of reasonable care. Examples of conduct expected of a reasonable driver include:

  • stopping at a red light
  • watching for crossing pedestrians, and
  • following the vehicle in front at a safe distance.

If you're the plaintiff, it's important to gather evidence to prove your case, including:

  • any police report generated over the crash
  • photographs of the car accident scene
  • witness statements
  • medical records and bills related to treatment of car accident injuries
  • vehicle damage inspection reports and repair estimates, and
  • proof of time missed at work/records detailing lost income.
  • Use this checklist of records to gather after a car accident and learn more about evidence that can help your car accident claim.

What legal duties does a driver nave?

The law requires drivers to use reasonable care to avoid harming anyone else on the road. Some examples include:

  • Driving at a reasonable speed.
  • Vigilance and keeping a proper lookout. 
  • Maintaining control of the car. 
  • Maintenance and proper use of vehicle equipment. 

Examples of conduct that may give rise to a presumption of negligence include:

  • driving under the influence of drugs or alcohol
  • violating right-of-way rules, including a pedestrian's right of way, and
  • driving on the wrong side of the road.

 

Driver negligence is a factor in any settlement or trial related to various personal injury cases. For claims in Virginia, click the links below to learn more about driver negligence as it relates to:

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Phoenix motorcyclist and his lawyers win his case against a driver who pulled out in front of him, resulting in an accident where he suffered serious injuries

 

Mr. Davis, a 31-year-old respitory therapist, was riding his motorcycle in Phoenix, Arizona when a vehicle, driven by Mr. Ballecer, drove into his lane, resulting in an accident. Davis stated that he thought that the vehicle was parking on the side of the road when Ballecer suddenly turned left into his lane of traffic, resulting in the accident. Davis suffered severe injuries in the crash, including a closed head injuring resulting in a seizure disorder, a jaw fracture, a fractured orbital bone around the right eye, and a torn pectoral muscle.

Seattle motorcyclist's lawyers win their case against a truck driver who pulled out in front of him at an intersection, resulting in a crash that caused him serious injuries

  Mr. Cantu was riding his motorcycle in July of 1990 in Seattle, Washington when he struck a truck, operated by Mr. Dick, broadsiding the vehicle. Cantu suffered serious injuries in the accident, including a fracture of the right radius, a fracture to the left arm, a concussion, lacerations to his chest and stomach, and bruises to his spleen and liver. Mr. Cantu decided to sue Mr. Dick for personal injury. He and his lawyers argued that Mr. Dick negligently pulled out in front of him at an intersection.

Motorcyclist and his lawyers win his case against Saudi Arabian Airlines and Budget Rent-a-Car after he suffers severe injuries, awarding him $984,524

  On January 26, 1993, John Randolph was riding his motorcycle west on the Pacific Coast Highway in the right lane. Fahad Abdullah Maghrabi, an employee of Saudi Arabian Airlines, was stopped on Corral Canyon waiting to turn onto the highway to drive east. According to a police report, Maghrabi, who was driving a rental car from Budget Rent-A-Car, did not see Randolph coming and proceeded into the highway, causing a collision between Randolph's motorcycle and his car. The police report stated that Maghrabi was at fault due to his failure to yield to oncoming traffic.

Motorcyclist's lawyers win his case against a negligent driver of a church van after he sustains injuries in an accident in Los Angeles County, California

  Mr. Quezada was riding his motorcycle in November of 1998 when he collided with a van operated by Mr. Paiva and owned by Angelica Lutheran Church making a U-turn. Mr. Quezada suffered a hemopneumothorax (air and blood in the chest cavity), nine fractured ribs, a restrictive lung disease, and road rash to his right hand as a result of the accident.  Quezada decided to sue Paiva and the church that owned the van for vehicle negligence. He and his lawyers argued that Paiva made an illegal U-turn and was inattentive to oncoming traffic. 

Motorcyclist's lawyers win his case after he was involved in accident with a commercial truck, sustaining torn ligaments

  On January 24, 2006, 46-year-old ironworker James Jaworowski was riding his motorcycle on Bosworth Street in San Francisco, California when he was struck by a Mitchell Engineering truck driven by Finbar James Brody. As Jaworowski was riding his motorcycle in the right lane, Brody changed intersections, resulting in the collision between the vehicles. In the accident, Jawarowski suffered several ligament tears, requiring him to undergo physical therapy resulting in one year of missed work. He claimed to have ongoing pain following the accident.

Motorcyclist and his lawyers win his case after being injured in an accident with a vehicle in a funeral procession that ran a red light

John McCord was stopped at an intersection in Sacramento County, California on his motorcycle as a funeral procession was passing by on a cross-street. When the light turned green, he entered the intersection. A vehicle in the funeral procession, operated by Ivan Semenyuk, ran the red light, assuming he had the right-of-way in the procession, striking McCord. As a result of the accident, McCord suffered a fractured pelvis, requiring a total hip replacement, and a knee injury. 

Motorcyclist sues Carolina Cargo Company after being involved in an accident at an intersection in Salinas, California, winning $536,000

  On July 13, 2006, Michael Hull, a 56-year-old general contractor, was stopped on his motorcycle at an intersection in Salinas, California, when he was involved in a collision with an SUV driven by Maria Ramirez and a tractor-trailer owned by Carolina Cargo, Inc. of Rock Hill, South Carolina. Hull suffered torn rotator cuffs in both of his shoulders, requiring two surgeries to repar. He claimed that his injuries left him permanently unable to raise his dominant right arm above his shoulder, and that because of this, he will be unable to return to his job as a contractor.

Los Angeles jury awards motorcyclist after he suffers injuries in an accident with a dump truck

  Hugh Juarez, a 30-year-old machine operator was riding his motorcycle in the right lane in Los Angeles, California in May, 1990 when he was struck by a dump truck making a right turn from the left lane next to Juarez. He sustained injuries in the accident, including a fractured tibia, fibula, and a spinal injury. At the time, Inocencio Heredia, the dump truck driver, was on the job for Jimmy King Trucking, a contractor at a nearby construction site.

Motorcyclist and his lawyers win his case after he suffers massive injuries resulting from a crash with a backhoe

  Perry Wise, A 48-year-old hospital laboratory technician, was driving his BMW motorcycle east on State Route 6 just east of Menlo, Washington when he stoped a backhoe travelling on shoulder of his lane ahead of him. As Wise attempted to pass the backhoe, its driver, Ron Epperson, suddenly drove into his lane. Wise hit his brakes and laid his motorcycle down on the highway and subsequently slammed into the back of the backhoe. 

Seattle motorcyclist's lawyers win his case against a pickup driver who pulled into an intersection in his path, winning $726,000

  On July 19, 1990, Rudy Cantu, a 24-year-old auto-body painter, was driving on South Cloverdale Street in Seattle, Washington on his motorcycle. As he was crossing 5th Avenue South a pickup truck, driven by Ronald Dick, drove into the path of Cantu from 5th Avenue, then stopped in front of him, resulting in Cantu slamming into Dick's truck. Cantu sustained serious injuries in the accident. He sustained serious fractures on both arms, sustained lacerations and wounds to his abdomen, resulting in damage to his liver and spleen.