Our client was the restrained middle seat passenger in the third row of a tan-colored vehicle traveling westbound on State Route 198 in Fresno County, California. At that time, the defendant driver was operating a 2015 white-colored Ford F150 traveling northbound on Butte Avenue, failed to stop at the stop sign, and struck our client’s vehicle on the left side. Upon impact, our client’s vehicle veered off the road into an orchard and came to a halt after striking two almond trees.
The defendant driver admitted that they were inattentive at the time of the collision. The police officer on the scene found the defendant driver at fault for the collision in violation of California Vehicle Code Section 22450 VC for failing to yield at a stop sign.
The defendant driver owed a duty of reasonable care to the public and particularly our client. The defendant driver breached these duties when they acted unreasonably, carelessly, recklessly, and negligently under the circumstances, thereby forcefully causing this collision. The defendant driver’s failure to keep a proper lookout for conditions of the road violated statutes and resulted in the collision.
Our client was obeying all laws at the time of the collision and was acting reasonably under the circumstances, consequently alleviating any comparative negligence issues.
It was abundantly clear that liability solely rested with your insured. Liability was indisputable in this case.
