In all but a few states, if your careless driving results in an injury to a passenger in your car, you are responsible for that person’s injuries. Sounds simple enough. But the law has not always been so easy. Earlier in our legal history, whether you were liable to a passenger depended on who the passenger was and the extent of your fault. For example, a married person was prohibited from suing a spouse for careless (negligent) driving. The reason for this rule was to promote marital harmony, as it was thought that by pitting one spouse against the other would result in marital discord and phony claims. In fact, this rule was a windfall for the insurance companies.

Similarly, in many states, at one time a nonpaying passenger (in legalese, a “social guest”) could not sue the driver of the car for injuries resulting from the driver’s negligence. The rationale behind the rule was that a person doing a favor for a friend should not be penalized because he causes an accident, that it would cause friend not to ask other friends to go along on motor outings. Suppose that Bill and his friend Debbie are on their way to see a movie; Bill runs into the car in front of him because he didn’t see that the light had turned red, and Debbie is injured. In a state having a so-called “guest statue,” Debbie could not sue Bill because Debbie was merely a nonpaying passenger (a social guest) who did not pay for the ride. It was a different story, however, if she had contributed money towards gas. Then she became a paying passenger to whom Bill owed a duty not to act in careless (negligent) manner.

In states that prohibited nonpaying passengers from suing the driver, the prohibition usually applied only to injuries resulting from the driver’s “ordinary negligence”. Ordinary negligence can be defined simply as carelessness: making an unsafe turn or lane change without looking; speeding (but not excessively); or not paying attention to the traffic around and in front of you. But if the driver deliberately tried to harm the passenger or was “grossly negligent”, the passenger usually was able to sue the driver for his or her injuries.

Personal injury law is a complicated process one which must be handled by an experienced Sacramento injury lawyer. If you or a loved one has been injured dues to negligence of another contact a Sacramento injury attorney at the Law Offices of Choyce & Crowell today.

CHOYCE & CROWELL
980 9th Street, 16th Floor
Sacramento, CA 95814
Office: 916-449-9636
Fax: 916-449-9637

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Last week’s email newsletter touched on the much-discussed issue of distracted driving. The meteoric rise in cell phone use, particularly with texting, has brought renewed focus on inattentive driving. The Christian Science Monitor published an article in June 2008 which points to a more pervasive cause of distracted driving – the over-regulation of U.S. traffic through roadway signs.

Per the article, British behavioral psychologist John Staddon believes traffic signs actually make streets more dangerous for motorists and pedestrians. He believes that traffic signs condition drivers to be less observant. Drivers trained to rely on instructional signs, rather than their own judgment, can create an “inattentional blindness.”

Staddon noted that while highways in the U.S. are wider, better marked, and less crowded than England, the minor accidents he comes across every day or two in the U.S. are rare occurrences in the U.K.

Per Staddon, “The American system of traffic control, with its many signs and stops, and with its specific rules tailored to every bend in the road, has had the unintended consequence of causing more accidents than it prevents. Paradoxically, almost every new sign put up in the U.S. probably makes drivers a little safer on the stretch of road it guards. But collectively, the forests of signs along American roadways, and the multitude of rules to look out for, are quite deadly.”

This is more than just an anecdotal observation. A few years ago, all regulatory traffic signs were removed from the city center of Drachten, a Dutch city with a population of about 50,000. Demarcations between roads and sidewalks were also stripped. Despite the free-for-all design, the steady stream of vehicular traffic flowed smoothly, and pedestrians walked the streets safely. “Right of way” became an instinctual process between motorists. Their collective sense of responsibility and consideration created a safe environment.

Der Speigel noted in 2006 that the number of accidents in Drachten “declined dramatically” after the open traffic design was implemented. Other European cities similarly minimized their traffic control systems with positive results.

The goal of U.S. traffic management should be to rely more on the inherent responsibleness of drivers, and less on micromanaging every movement and behavior by its motorists.

We Produce RESULTS in Personal Injury: If you’ve been injured in an auto accident, dog bite, or slip and fall or other accident, you need an attorney who will not only work hard for you, but who will produce RESULTS. Our office has an excellent track record producing great results. For example: One recent client was injured when a car pulled in front of his motorcycle. He trusted our firm to represent him and we recovered a $1.6 million settlement. He is healing rapidly and is already back to boating and his other normal leisure activities.*

Our office fought for a child who was bitten by a neighbor’s dog. We were able to obtain $275,000 for the child.*

A recent broadside collision resulted in knee surgery for our client; we “busted” the driver’s insurance policy and recovered $100,000 for our client*.