Did Negligent Maintenance Contribute to Your Accident?
Generally, and subject to the law of the jurisdiction in which you reside
and a particular accident occurs, a motorist who fails to exercise that
degree of care that an ordinarily prudent person would exercise in maintaining
his/her automobile in a reasonably safe running condition will be found
liable for any loss suffered by victims of this negligence, if the negligence
contributes to the happening of an accident. [See, e.g., Sherman v. Frank,
(1944), 63 Cal.App.2d 278, 282.]
Unfortunately, negligent maintenance is all too common a cause for truck/big
rig/automobile accidents. In Arroyo v. Arden Farms Co., (1966) 239 Cal.App.2d
332, the California Courts held that evidence was sufficient to support
a finding that the defendant truck driver and the defendant owner of the
truck were both negligent with respect to a rear-end collision involving
an automobile which had stopped suddenly to avoid a laundry truck pulling
out into the automobile’s lane.
The Court found that both defendant truck driver and the defendant owner
of the truck knew, or reasonably should have known, months before the
accident that the breaking mechanism on the truck was becoming increasingly
defective and dangerous. The fact that an accident alone occurs is not
sufficient for a plaintiff to sustain his/her burden of proof. The cause of the
auto accident must be investigated, and presented in an appropriate manner to the jury.
The fault for the subject accident must be unambiguously established.
Call Scarlett Law Group for a Free Consultation
If you or someone you love was injured in a serious auto accident, you
should waste no time in contacting the San Francisco personal injury lawyers
at Scarlett Law Group. We offer free, no-obligation consultations to all
potential clients, so please do not hesitate to
give us a call.