San Francisco Automobile Accident

An automobile accident pose a threat of injury or death to even the most responsible of Bay Area drivers. In San Francisco, traffic related fatalities rose by 11 percent in one year alone (from 2008 to 2009). In most cases, auto accidents are caused by someone’s negligence or reckless driving. Unfortunately, many drivers pay more attention to their cell phones, radios, or passengers instead of watching the road. A serious automobile accident can drastically change the lives of the victim and his or her family in an instant. In addition to physical injury, most victims experience emotional problems, lost wages from time taken off of work, lost employment opportunities, and overwhelming medical expenses. If you or a loved one has been injured in an automobile accident in the San Francisco area, call an experienced automobile accident attorney at Sterns & Walker. We will work hard to hold the responsible parties accountable for your injuries and help you recover the compensation that you deserve.

Negligent Drivers

By far, the most common cause of an automobile accident in San Francisco is driver negligence. All drivers have a “duty of care” the moment they get behind the wheel. This means that every driver must obey state and local motor vehicle laws and in addition, they must act reasonably under any circumstance. A driver breaches that duty of care by violating traffic laws or acting unreasonably (i.e. driving while reading). The most common types of negligence that contribute to automobile accidents in San Francisco are listed below (not an exclusive list):

• speeding
• ignoring traffic signs or signals
• sending or reading text messages or using a cell phone while driving
• distracted driving (adjusting stereo controls, eating, reading, personal grooming while driving, etc.)
• driving under the influence of alcohol or drugs
• reckless driving
• illegal turns or lane changes
• improper vehicle maintenance (i.e. driving on worn tires)

In the case of a negligent driver, the injured party (or plaintiff) must prove in court that:

• defendant had a duty to prevent an unreasonable risk of harm to the plaintiff;
• defendant breached that duty;
• defendant’s breach of duty was the actual and proximate cause of plaintiff’s injuries, and;
• the plaintiff suffered damages.

Pure Comparative Negligence In California

California has adopted a measure of damages called pure comparative negligence. This legal doctrine provides that if an injured party is partially at fault for causing his or her own injuries, the amount of damages that person can recover is reduced by the percentage of his or her own fault. For example, if a plaintiff is injured by another driver who ran a stop sign, a jury might still find the plaintiff 20% at fault because he or she was speeding at the time of the collision. In that case any damages awarded to the plaintiff would be reduced by 20%.

Contact an automobile accident attorneys at Sterns & Walker today for a free case evaluation.

Defective Parts

An automobile accident can also be caused by a defective automobile (or part of an automobile, such as faulty brakes or tires). This is called a products liability claim and the manufactures, retailers, or sellers of the defective automobile are “strictly liable” for injuries. This means that a party is automatically liable and proof of negligence is not necessary. The design of an automobile may also be defective, such as the improper positioning of the gas tank which might increase the probability of explosions in rear-end collisions. The reason for applying strict liability in these types of cases is that manufactures are responsible for producing safe products for consumers. To prove a case based on strict liability, a plaintiff must show:

• the product was defective;
• the defect was the proximate cause of the plaintiff’s injury, and;
• the plaintiff suffered damages.

San Francisco Automobile Accident Attorneys

If you or a loved one has been injured in an automobile accident in San Francisco, you should contact an experienced attorney as soon as possible. At the Law Offices of Sterns & Walker, our seasoned and knowledgeable personal injury attorneys will aggressively protect your rights while you recover. We can help you obtain compensation for current and future medical expenses, lost wages, lost earning capacity, pain and suffering, property damages, rehabilitation costs, and other possible damages. Call Sterns & Walker today for a free case evaluation.