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. Call (415) 688-2176 today to speak with a California Personal Injury Attorney.