man on cell phone behind the wheel

How to Prove Negligence Behind the Wheel by a Third Party

By Yosi Yahoudai
Founder and Managing Partner

Achieving the best result in a car accident case means not only obtaining satisfactory financial compensation, but also ensuring that the result obtained is one that protects the well-being of you and your loved ones. Accomplishing this requires not only having an attorney who has the knowledge and resources to handle your case, but also learning to recognize behaviors and actions that may have been the result of someone else’s negligence.

Under California state traffic accident laws, a driver must be shown to have violated four safety statutes for their behavior to qualify as reckless driving. These statutes include:

  • The defendant driver had a duty to operate his motor vehicle safely
  • The defendant driver breached his duty of care
  • The defendant’s negligence was the main cause of the accident
  • The accident was the direct cause of the injuries sustained by the affected party

Before considering the liability of another driver in a car accident, it is essential to know your responsibilities as a driver. Those responsibilities include driving in a manner that obeys the law, checking for possible injuries to others after an accident, and exchanging information with other drivers after a collision. Neglecting your own duty of care behind the wheel can lead to negative consequences and make it more difficult to recover for damages caused by an accident.

Working with an attorney will help you present a version of the facts that proves that you did operate your vehicle with consideration not only for your well-being, but also for other drivers, pedestrians, and bicyclists.

Although the laws focused on personal injury are simple to understand, proving the negligence of a third party can be complicated. This is especially true if you do not have a car accident lawyer. It is at this point where our services become key for you. Our experts will know how to investigate any claim and help you determine negligent behavior that caused or contributed to your injuries, which will help you pursue the highest compensation available for your case.

About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.