Why Do Most Car Accidents Happen?
“Car accidents” include crashes involving: bicyclists, buses, cars, motorcycles, mopeds, pedestrians, scooters, trains, trucks or big trucks. Most accidents are caused by negligence. Negligence is simply human error. Did you know that over 90% of crashes are caused by human error?
What Is Negligence?
When it comes to car accidents, negligence is almost always involved. Here's what negligence requires:
- a legal duty owed to the plaintiff to use due care;
- breach of duty;
- causation; and
- damage to the plaintiff.
“Negligence” means that another party failed to meet the “duty of due care” that they owed to others on the road. In California, negligence is failing to use "reasonable care" to prevent harm to oneself or to others. Someone can be negligent by either doing something or failing to do something. Here's two ways negligence happens:
- By doing something that a “reasonably careful person” would not do in the same situation or
- By failing to do something that a “reasonably careful person” would do in the same situation.
In a negligence case, a jury answers the question: What would a reasonably careful person do in a case like this?
How Does Negligence Cause A Car Accident?
Here are a few examples of negligence that can cause a car accident:
- Distracted driving, like eating, putting on makeup, texting, talking on the cell phone, using a smartphone app while driving
- Driving under the influence of alcohol
- Driving under the influence of drugs
- Failing to yield the right of way - often cars hitting bicyclists
- Fatigue/Drowsiness
- Illegal U-turn
- Looking to the left while turning right - often pedestrian accidents
- Mechanical defect/improper car maintenance
- Running a red light
- Speeding
- Sudden stopping
- Sudden lane change, without looking first - often motorcycle accidents
- Turning without using a turn signal
- Unsecured truck loads - often semi-truck accidents or pickup trucks
What Should I Do After A Car Accident?
Here are some tips to use right from the accident scene.
Unless your case is minor, you should not represent yourself. But, why? Find out what the insurance does not want you to know: what you need to know about insurance adjusters and insurance tactics that can hurt you. Even if you were partially to blame for your accident, you might still be able to make a claim and file a lawsuit. The value of your case goes down based on how much you are to blame. For example, if you were 10% to blame, and your case is worth $100,000, your case will be worth $90,000, 10% less than the full $100,000 value.
How Can I Get Help For My Accident?
Talk to an attorney before you do anything besides: calling 911 and seek medical care. My name is Renée Yvonne Gardner. I am the attorney at Gardner Law. I speak Spanish - hablo español.
I am a San José accident attorney. I have experience with personal injury and wrongful death accident. You can reach out to me at (408) 214-5555 or here: message me here.
I am based in Santa Clara County but I represent injured people in these 12 California Counties:
○ Alameda County ○ Contra Costa County ○ Fresno County ○ Marin County ○ Merced County ○ Monterey County ○ San Benito County ○ San Francisco County ○ San Joaquin County ○ San Mateo County ○ Santa Clara County ○ Santa Cruz County