Motor Vehicle Accidents

Motor vehicle accidents can occur various ways. The general standard is that a motor vehicle driver must handle their vehicle using reasonable care. This standard is embodied in CACI 700, “Basic Standard of Care,” which states:

“A person must use reasonable care in driving a vehicle. Drivers must keep a lookout for pedestrians, obstacles, and other vehicles. They must also control the speed and movement of their vehicles. The failure to use reasonable care in driving a vehicle is negligence.”

Specific, and common, scenarios for motor vehicle accidents include:

  1. Failure to follow right of way law
  2. Unsafe left turns
  3. Violation of speed laws
  4. Driving under the influence, or
  5. Negligent entrustment

Right of Way Law

The law requires a driver or pedestrian to yield the right of way another vehicle or pedestrian when that driver or pedestrian has the first right way. However, even if someone has the right-of-way, that person must use reasonable care to avoid an accident.

Left Turn Law

A driver attempting to make a left turn may not do so if making a left turn presents a safety hazard, which means that the vehicle is either too close to make a safe left turn or is approaching a rate of speed that would make a reasonable person realize there is a danger of colliding.

Speed Law

Speed laws required that person drive at a reasonable speed, regardless of the legal or posted speed limit, based upon circumstances such as traffic, weather, visibility, and road conditions. Drivers must not drive so fast that they create a danger to people or property.

Driving Under The Influence

California prohibits driving under the influence in instances where a person has consumed an amount of alcohol or drugs that impairs the driver’s ability to drive in a reasonably careful manner. The standard for driving while intoxicated by alcohol is 0.08 percent or more, by weight, of alcohol for non-commercial vehicles and 0.04 percent or more, by weight when driving a commercial vehicle.

Negligent Entrustment 

If a driver is negligent in their use of another’s vehicle, the owner of that vehicle is liable for the accident if the owner gave the driver permission to use the car and should have known the driver was unfit or incompetent to drive the drive.

If you have been injured in a car accident or by a motor vehicle, call the attorneys at Freeburg & Granieri, APC today for a free consultation.


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