Your Rights if You Were Injured in a Sightseeing Crash
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Over 90 percent of car accidents are caused by driver error, usually one of the two kinds of mistakes outlined below. We all make mistakes, and we must all accept the consequences of those mistakes. In a perfect world, when drivers cause car accidents, they’d voluntarily step up to the plate and accept responsibility for their mistakes. But we don’t live in a perfect world.
So, a personal injury attorney in California must step in and force the issue. Accepting responsibility for a car accident usually means paying fair compensation for injuries. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are available as well, in a few extreme cases.
Quite simply, aggressive driving is a failure to follow the rules of the road. This failure is not “accidental.” Aggressive drivers selfishly put their own interests in front of everyone else’s health and safety. Examples of aggressive driving include:
Legally, aggressive driving, like operator impairment, could violate the ordinary negligence principle or the negligence per se rule.
Ordinary negligence is a lack of ordinary care. Legally, all motorists must go out of their way to avoid accidents, as mentioned. If a breach of duty, such as aggressive driving, causes injury, compensation is available.
Negligence per se is a violation of a safety law. If emergency responders cite a tortfeasor (negligent driver) for speeding or any other infraction, the tortfeasor could be legally responsible for damage as a matter of law, if that safety violation substantially caused injury.
Aggressive driving is often a spur-of-the-moment driving error. In contrast, operator impairment is often a premeditated driver mistake. Some examples include:
Because of the aforementioned premeditation factor, additional punitive damages are often available in operator impairment cases, if a Los Angeles personal injury lawyer proves, by clear and convincing evidence, that the tortfeasor intentionally disregarded a known risk.
The ordinary negligence principle and negligence per se rule are both available in operator impairment cases. Usually, the operator must be impaired enough to cross over the line between mistake and negligence.
Distracted driving, another form of driver impairment, is a good example. If Anna glanced at a text message banner the moment before a crash, most jurors would agree that she wasn’t negligent. But if Anna had been texting her boyfriend for several blocks, that’s different.
Defective products, mostly defective tires, cause most of the remaining 10 percent of motor vehicle collisions in California.
If a manufacturer fails to warn people about a known defect, that manufacturer is negligent. Alternatively, a Los Angeles personal injury lawyer could use the strict liability rule, a legal principle that resembles the negligence per se rule, to obtain compensation in these cases.
Generally, manufacturers are liable for damages as a matter of law if a design or production defect substantially causes injury.
Driver error causes over 90 percent of the car accidents in California. For a free consultation with an experienced personal injury attorney, contact the Law Office of Eslamboly Hakim. You have a limited amount of time to act. We are available around the clock to help you, and we also don’t charge unless we win your case.
We’re here to ease your stress and guide you through every step of recovery.
Get Support NowHuman error is the main cause of most car accidents in the United States, with distracted driving especially using phones, speeding, and impaired driving from alcohol or drugs being the primary contributors.
While 90 percent of crashes are not tied to a single cause, over 90 percent of traffic fatalities in the United States are linked to human factors, with major contributors being distracted driving, speeding, and impairment from alcohol or drugs, along with road design and vehicle issues, making human error the dominant but multifaceted cause.
More than 90 percent of global road traffic deaths occur in low and middle income countries, not specifically the United States, although high income nations like the U.S. see more crashes in urban areas and among people with lower socioeconomic status.
Around 90 percent of motor vehicle crashes in the United States are linked, at least in part, to human error, including driver behaviors such as speeding, distraction, fatigue, impairment from alcohol or drugs, inexperience, and poor judgment, along with limitations in attention or perception. Various studies indicate driver factors in more than 90 percent of collisions.
Yes, reports consistently indicate that human error is the primary factor in over 90 percent of U.S. car crashes, with estimates often noted around 94 percent by sources such as the National Highway Traffic Safety Administration and the National Safety Council, although the NTSB says this statistic can be misleading and explains that crashes are complex and involve multiple causes.
There is no single number one state because it depends on the measure, since Texas and California often show the highest total crashes and deaths due to their large populations, while Mississippi, Wyoming, South Carolina, and Arkansas regularly rank highest in fatalities per capita or per vehicle mile, reflecting greater risk, as noted by Policygenius and IIHS.
In the United States, the leading cause of accidental death overall is unintentional poisoning largely due to drug overdoses for middle aged adults ages 25 to 64 and falls for older adults ages 65 and above, while motor vehicle accidents remain a top cause and the leading factor for younger people ages 5 to 24 and a major contributor to total unintentional injury deaths.
The top cause of collisions in the United States is human error, which accounts for about 94 percent of traffic accidents. Within human error, several issues play a role, but distracted driving is most commonly identified as the single leading factor.
Most vehicle accidents in the United States occur in urban areas, particularly at busy intersections, but rural roads account for a disproportionately large share of fatal crashes. States such as Texas, California, and Florida often lead in total deaths, while states like Massachusetts, New Hampshire, and Rhode Island have higher fatality rates per capita.
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