Negligence by a driver of a vehicle can take many forms, and it can be influenced by many different factors. For example, speeding, running a stop sign, and drifting into a bike lane all constitute driver negligence, or even recklessness if done with knowing disregard for the safety of others; especially pedestrians and bicyclists who have no vehicle compartment protection. In a California lawsuit alleging negligence by another person, plaintiffs typically must prove that the defendant acted in a way that violated a duty (reasonableness) owed to the plaintiff who was injured by an accident. In auto accident cases, this means violating the basic duty of care owed to everyone else on or near the roadways. As everyone knows, California has a lot of roadways!
California auto vs. bicycle accident lawsuits come down to facts specific to the individual case, and often the ability of the plaintiff to prove negligence through eyewitness testimony or other evidence that is made available. In auto accident cases, however, behaviors which constitute traffic violations can constitute "negligence per se." This means that if a driver was cited for a violation such as speeding at the time of the accident, evidence of the speeding violation counts as evidence of negligence. You do not have prove anything further - the mere fact of the ordinance or statutory violation constitutes the breach of duty to the injured party. The burden then shifts to the defendant to prove that he or she did not cause the plaintiff's injuries. This analysis is true of both California auto and bicycle (and pedestrian) accident cases.
Mark C. Blane is a San Diego Bicycle Accident Attorney, and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Pedestrian Injury Law Firm devoted to representing families of injured persons of automobile accidents. If you or someone you love, has been injured or killed in San Diego County, or Southern California, due to the negligence of another, please order your FREE copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information, insights, and secrets that will help you protect your legal rights. It normally sells for $16.95; however, it is free to all California residents, or those injured in a California accident.