What is the common law presumption of negligence in cases involving motor vehicle accidents?

California, United States of America


The following excerpt is from Sagadin v. Ripper, 175 Cal.App.3d 1141, 221 Cal.Rptr. 675 (Cal. App. 1985):

But not every violation of a statute gave rise to a common law presumption of negligence. In order to recover on a theory of negligence plaintiff also had to prove he was one of the class of persons for whose benefit the statute was enacted, the accident was of the nature which the statute was [175 Cal.App.3d 1164] designed to prevent, and the violation was the proximate cause of the injury. (Nunneley v. Edgar Hotel (1950) 36 Cal.2d 493, 497, 225 P.2d 497.)

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