Negligence occurs when a motor vehicle operator acts or fails to act so as to cause an unsafe condition and a collision. In some cases, negligence is established by virtue of an operator’s violation of law. For example, if an operator travels through a red light or stop sign and causes a collision, he may be guilty of a traffic violation and liable for causing a motor vehicle accident. In other cases, negligence is established when an operator acts or fails to act appropriately under the circumstances. For example, under certain weather conditions the operation of a motor vehicle at the posted speed limit may nevertheless be unreasonable and therefore negligent, especially if an accident results. In most cases, a judge, jury, or arbitrator chosen by the parties will make the ultimate decision as to whether an operator’s conduct constituted negligence.
Pellegrini, Seeley, Ryan & Blakesley
N/a
