California Personal Injury Lawyer

A basic duty we have in our society is act as a prudent person. A prudent person is one who acts as a "reasonable person" would under the "same or similar circumstances". This standard is commonly referred to by trial lawyers as the "reasonable person test." If we don't act reasonably under the circumstances, we are said to have breached our duty of care to anyone injured as a result. Moreover, the injured person may bring legal action against us for negligence.

Would a reasonable person leave a banana peel on a busy walkway which could cause someone to slip and fall, sustaining a serious injury? Would a reasonable person drive through an unmarked intersection without looking for approaching traffic? The obvious answer is "no." The person responsible in each example has failed to act reasonably under the circumstances. Therefore, the responsible person is negligent for "breach of duty" to the person injured, and the injured person may obtain a trial lawyer to sue to recover for his or her injuries.

What would the result be if the person injured had seen the banana peel, or failed to look for traffic at the uncontrolled intersection? In Southern or Northern California, a personal injury attorney would say that he or she would be comparatively negligent for failing to act reasonably under the circumstances. This would have the effect of reducing his or her recovery, but not eliminating it altogether.

We all have a duty to each other in our society to act as prudent persons. Always ask, "Am I conducting myself as a prudent person?", that is, "Am I acting as a reasonable person would act under the circumstances?" If the answer is "Yes," chances are no one will sue you for causing an accident, and if so, they will be unable to recover from you because of your prudent conduct.

When someone is injured because of the lack of responsibility of someone else, the victim has the right to pursue compensation. A qualified Sacramento personal injury lawyer can help.

James Cunningham will personally handle your serious injury accident personal injury case. Your case will not be delegated to an in-house subordinate attorney. You will be obtaining an experienced Northern California Personal Injury Attorney thoroughly familiar with the dynamics of serious injury accidents. We welcome contacts by email or telephone for a free case evaluation.