Does the California Highway Traffic Safety Act exempt an employer from liability for negligence attributable to the driver's failure to comply with specified statutory provisions?

California, United States of America


The following excerpt is from Torres v. City of Los Angeles, 22 Cal.Rptr. 866, 372 P.2d 906, 58 Cal.2d 35 (Cal. 1962):

We can attribute to the legislative intent, in addition to the requirement of an adequate warning to others using the highway, the further requirement that the driver of an emergency vehicle exercise that degree of care which, under all the circumstances, would not impose upon others an unreasonable risk of harm. In short the statute exempts the employer of such a driver from liability for negligence attributable to his failure to comply with specified statutory provisions, but it does not in any manner purport to exempt the employer from liability due to negligence attributable to the driver's failure to maintain that standard of care imposed by the common law. We held as much in an analogous situation in Yarrow v. State of California, supra, 53 Cal.2d 427, 2 Cal.Rptr. 137, 348 P.2d 687. That case did not deal with exemptions for emergency vehicles, but instead with exemptions for vehicles engaged

Page 874

Other Questions


What is the legal test for determining whether a sheriff's negligence was a direct cause of action under the California Highway Traffic Safety Act? (California, United States of America)
Does Section 654 of the California Criminal Code require a defendant to plead guilty to a charge of recklessly driving under the Highway Traffic Safety Act? (California, United States of America)
Does section 20003 of the California Highway Traffic Act require a driver to identify himself at the scene of the accident? (California, United States of America)
How has the court interpreted section 21804 of the California Highway Traffic Code with respect to drivers who enter or leave a private driveway from a public road? (California, United States of America)
What is the scope of government liability under the provisions of the California Page 8 Amendment to the California Civil Rights Act? (California, United States of America)
What is the test for suspending a person's driving privileges under the California Highway Traffic Safety Act? (California, United States of America)
In a traffic stop, can the officer question the driver about the driver's medical history or medical history of the patient at the time of the traffic stop? (California, United States of America)
In a high-speed police pursuit, can the driver of the vehicle be held liable for reckless driving under the Highway Traffic Safety Act? (California, United States of America)
How have courts interpreted section 830.6(1) of the California Highway Code of Civil Procedure when determining whether a defendant is immune from liability under the California Motor Vehicle Act? (California, United States of America)
What is the test for a driver to be found guilty of careless driving under the California Highway Traffic Act? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.