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 of traffic. 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 accident
must be investigated, and presented in an appropriate manner to the jury.
The fault for the subject accident must be unambiguously established.
If you or someone you know has been injured
as the result of an auto accident or car crash,
you need the assistance of The Scarlett Law Group.
today to speak with a California Personal Injury Attorney.