When accidents occur due to someone else’s carelessness, the concept of breach of duty becomes a key to determining liability.
If you or a loved one have been injured in an accident, a San Diego personal injury lawyer can help attribute it to negligence. This may allow you to recover compensation for medical bills, lost wages, and other damages.
What is Negligence in California?
Negligence is the basis of most personal injury claims in California. Someone is negligent when they fail to act as a reasonable person would in similar circumstances, causing injury or harm to another person. For example, a driver in San Diego may be negligent if they run a red light or stop sign and cause damage to another driver or passenger.
California follows a pure comparative negligence rule. This means that even if you are partially negligent and at fault for an accident, you may still recover compensation for injuries and damages. However, your potential compensation will be reduced by your share of fault.
What Are The Elements of Negligence?
You must typically prove four elements to win a personal injury claim based on negligence. These include:
- Duty of care: You must show the person who caused your accident had a legal duty to act reasonably.
- Breach of duty: You must show that the person failed to uphold that duty through action or inaction.
- Causation: You must show the breach of duty directly caused your injuries or other damages.
- Damages: You must show you suffered actual harm, such as medical bills, lost wages, or pain and suffering.
A San Diego personal injury lawyer can help you gather and present evidence to prove these claims and hold negligent parties responsible for your injuries.
What is Breach of Duty?
A breach of duty occurs when someone owes you a duty to act with reasonable care but then behaves unreasonably. The definition of reasonable care depends on the specific circumstances of your case and your legal relationship with the person responsible for your damages. Some common examples of those who could be responsible for your accident and their respective duties include:
- Drivers: Drivers have a duty to follow traffic laws and drive safely to avoid harming others.
- Property owners: Property owners must maintain their premises to ensure they are safe for visitors.
- Dog owners: Dog owners must prevent their pets from causing harm to others.
Someone who breaches their duty to you could be liable for resulting injuries and damages.
What Evidence May Prove Breach of Duty?
Proving a breach of duty requires evidence that the person responsible for your injuries acted unreasonably. Common types of evidence include:
- Photographs or videos: Images of unsafe conditions, such as a wet floor without a warning sign.
- Witness statements: Testimony from people who saw your accident or observed unsafe behavior.
- Police reports: Official documentation of traffic accidents and other incidents.
- Expert testimony: Opinions from professionals who can explain how someone’s actions violated reasonable standards.
Collecting and preserving evidence is crucial for building a strong case. A San Diego personal injury lawyer can identify the strongest evidence in your case.
Examples of Breach of Duty in San Diego, California
A breach of duty can occur in many ways. Some common situations where a breach of duty in San Diego might occur include:
Car Accidents
Drivers in San Diego have a duty to follow traffic laws and operate their vehicles responsibly. A breach of duty in a car accident may involve:
- Speeding or reckless driving
- Running a red light or stop sign
- Driving under the influence of alcohol or drugs
These behaviors increase the risk of accidents and injuries and may make the at-fault driver liable for damages.
Truck Accidents
Truck drivers and trucking companies have to adhere to strict safety regulations. Breaches of duty in truck accidents may involve:
- Overloaded or improperly secured cargo
- Driving while fatigued or violating hours-of-service regulations
- Failing to maintain brakes, tires, and other components
Breaches of duty in truck accidents can lead to catastrophic injuries due to the size and weight of commercial vehicles.
Slip and Fall Accidents
Property owners in San Diego have a duty to maintain a safe premise for visitors. Common breaches of duty in slip and fall accidents involve:
- Failing to clean up spills in a timely manner
- Neglecting to repair broken steps or handrails
- Failing to warn about known hazards
- Not providing adequate lighting in stairwells or walkways
These hazards can lead to falls and serious injuries, including fractures or head trauma.
Dog Bites
California follows a strict liability rule for dog bites. This means dog owners are generally held responsible for injuries their dogs cause, regardless of prior behavior. A dog owner may be liable for physical injuries and emotional trauma caused by a bite.
Injured in San Diego? Contact A San Diego Personal Injury Lawyer Today
At Pines Salomon Personal Injury Lawyers, we can help protect your rights if you or a loved one has been injured by someone else’s negligence. They can also investigate whether a breach of duty was involved and gather evidence to prove negligence. This is an important step toward securing the compensation you deserve for medical bills, lost wages, and other damages after an accident in California. Contact us today at (858) 551-2090 to schedule a free consultation with a San Diego personal injury lawyer to discuss your accident and damages.
