The Vehicle Code in the State of California requires all the drivers including their passengers to wear their respective seatbelts every time they travel. No one is exempted from such rule that aims to prevent or at least lessen the occurrence of serious and fatal injuries in case a car collision happens. All of those who will be caught violating this law will be subjected to an offense.
The California government believes that seatbelts indeed, save lives. This is the main reason why sufficient signs and billboards have been situated on our roads and highways, allowing the motorists to understand the value of seatbelts. Their slogan “Click it or Ticket” makes a lot of sense and creates a slight decrease in the number of injuries and fatalities caused by vehicular accidents.
In spite of this, traffic accident occurrences seem to be unstoppable. Thousands of people are still involved in various car mishaps everyday. Due to this, the victims in order to seek justice and recover suitable damages for their injuries or loss of a loved one are filing numerous car accident claims in courts.
Under the law, the failure to wear seatbelts in traveling may jeopardize or limit a victim’s right to recover damages from the liable party after a road collision. This is because the law believes that the victims might not have incurred much damage if only they were able to buckle-up.
The law maintains that whosoever individual who has been neglectful in exercising due prudence, which can brought about risks to other people, should be accountable for the harm that resulted. A person’s failure to wear seatbelt constitutes negligence on his part. Thus, this carelessness may be considered as a ground that forbids him to recover damages from the other party, no matter the degree of his fault in the accident.
Many defense lawyers utilize the same rationale especially if their clients accepted their fault in the accident. They thoroughly determine whether the plaintiff has committed any violation in order to nullify the case. If they were able to prove the comparative fault of the victims, the courts would most likely repeal the case filed against their clients.
Nonetheless, any personal injury action will have better probability of gaining a positive result if the plaintiff are assured that he has not been neglectful in exercising due care in his dealings – that he has not committed any offense.
By: Rainier Policarpio
Posts Tagged ‘Negligence’
Failure to Wear Seatbelts Prevents Car Accident Recoveries
February 6th, 2010Acts of God – Accident Lawyers Can Still Help
January 28th, 2010
“An Act of God”, in legal terms, usually refers to a force of nature, such as a storm, tornado or hurricane, or floods or winds. There seems to be a misconception about acts of God when it comes to personal injury and property damage. Many people assume that an injury or damage that occurs due to an act of God automatically carries no liability. This is just not the case.
In some incidences, while the damages are directly created by an act of God, the underlying cause is negligence. For example, let’s say a house is built with such substandard workmanship that a typical storm causes it to fall apart. Even though the storm is an act of God, the builder may still be held liable if it can be proven that his inferior building practices were also responsible for the damages.
Another tragic example involves an incident at a summer camp on Long Island, New York in 2004. While waiting for a bus to take him home, a 4 year old boy was killed when a branch from a nearby tree fell and struck him on the head. Questions were raised about whether the property owners had properly maintained the grounds, as the branch had fallen from a tree that was decimated and rotted by carpenter ants. Similarly, the recent tragedy where 4 boy scouts were killed in an Iowa tornado raised questions of liability of the adult leaders in charge of the campout, as severe weather alerts had been issued for the area but the adults in charge did not evacuate or leave the camp grounds.
In cases of injury or damage involving acts of God where negligence may be underlying, it’s always a good idea to consult with an accident lawyer who will help you sort through the questions and will explain your rights.
By: Terri Polk
Truck Accidents Explained
January 16th, 2010
Trucks are one of the biggest types of automobiles that you can see on the road and there have been lots of truck accidents reported in the past. You could easily imagine how much damage an accident involving a truck could cause. If your vehicle will get hit by a truck, you can expect that you will have to deal with a very serious issue. You will need good lawyers who will make sure that you will get what you should like the amount that will cover the cost of your car’s repair and medical treatments in case you got injured due to the accident.
Law firms have highly qualified lawyers who can deal with this kind of problem in an excellent way. The lawyers have acquired skills and knowledge from education, training, and from lots of experience in the past. The attorneys are more than just a law firm; they will be your friend who will look after your welfare and best interest. The lawyers will fight for your rights and make sure that you’ll get compensated for all the injuries and the damages.
In most cases, accidents involving trucks are caused by negligence on the truck driver’s part. They are well-trained and they know all the truck-driving rules but sometimes, they just become too reckless without ever thinking of the result or the consequences. They are also aware of the laws and regulations set by the government but they sometimes don’t give much importance to these due to a variety of reasons. Once a truck gets involved in an accident, the process of filing a claim for insurance is usually more difficult and complicated compared to a regular car or vehicle.
There are many factors that will affect the insurance coverage and if you are not very familiar with the terms and conditions of these insurance companies regarding truck accidents and the type of coverage they offer for trucks, you will find yourself in a very difficult situation. In case this ever happens to you or to a member of your family, the first thing you should do is to hire lawyers who can expertly handle truck accident cases.
The attorneys will pursue your case on your behalf and they will do their best to achieve results that will be in your favor. The lawyers will investigate the whole accident carefully to get the slightest details to the most important ones. This way, they could represent your case better and you will get what’s due. The lawyers are well-informed about the rules and regulations set by the state governing these accidents so they already know what to do. They will personally get in touch with you so you can talk to them about your concerns and they will do their best to resolve any issues.
By: Sanjana Antony