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 ‘Vehicular Accidents’
Failure to Wear Seatbelts Prevents Car Accident Recoveries
February 6th, 2010Why Do Car Rollovers Happen in California
December 21st, 2009
Car rollovers on roads, streets and highways have been one of the prevailing causes of injuries, damages and even deaths in California and all other parts of the U.S. Since these incidents result to great number of damages and losses of properties and lives, they have been considered really alarming and frightening.
Even though self-discipline and obedience to traffic rules and regulations are both being exercised by the motorists, these are not still serve as guarantee that they would be safe on roads – and that they will be truly away from any unlikely occurrences and such as these type of accidents.
Indeed, road signs and warnings are not an assurance to road security and safety. However, it is still believed that these precautionary measures can somehow help lessen or eliminate the prevalence of vehicular accidents.
It is considered necessary to know the following major causes of car collisions and accidents.
Incompetent Motorists – It has been an accepted idea that there are still many licensed drivers, who lack the proper training, discipline and attitude on road safety. More so, many of these individuals disregard traffic regulations that makes and puts the lives of the many road users, pedestrians, other motorists and even their own lives at risk. Intoxicated Drivers – DUI or intoxication has been regarded very dangerous. Excessive drinking of alcoholic beverages or liquor increases the risks on encountering disastrous car accidents. However, the law restricts and prohibits too much intake of alcohol, liquor or other illegal substances before and during driving a car. Distracted Drivers – There are some motorists, who lack enough concentration and focus while driving a vehicle. As various means of distractions are present, they can get easily distracted and may divert their attention – making their driving and journey too risky. Sudden Change of the Weather – Unpredictable weather from sunshine to heavy rains can really be a factor. Several studies show that there are many car accidents, which occur during bad weather conditions. This is where the road surfaces are more slippery and may affect clear visibility. Poor road signs and warnings – The government has the obligation and responsibility to assure that the roads and thoroughfares are properly designed for public use. Thus, there are some instances that this obligation is given less priority and taken for granted. If a concerned agency sets up various road safety warnings and equipment, it certainly has to be their best and it must never be the cause of any catastrophes. Defective Vehicles – Car owners should practice an overall check up on their vehicles’ mechanical and technical aspects; therefore, making it as their habit. These precautionary acts not only lessen the chances of road disasters but also eradicate such instances.
Furthermore, as this clich̩ goes Рprevention is better than cure, people should always have to assure themselves that they are definitely away from accidents. Nevertheless, there are circumstances, which are truly inevitable and unexpected to happen.
Thus, if such occurs, the victim/s must make the concerned individual/s liable or responsible for his/their negligence. There are California car rollover lawyers who are more than willing to impart their legal assistance and support to these aggrieved and injured parties.
By: Rainier Policarpio