What is the legal duty of a plaintiff in a motor vehicle accident case?

As the court recognized in Hassoon, supra, 89 Cal.App.4th 1191, 1197-1198, 107 Cal.Rptr.2d 658, the legal duty question is determined by applying the principles set forth in Rowland v. Christian (1968) 69 Cal.2d 108, 70 Cal.Rptr. 97, 443 P.2d 561. These factors are "the foreseeability of harm to the plaintiff, the degree of certainty that the plaintiff suffered injury, the closeness of the connection between the defendant's conduct and the injury suffered, the moral blame attached to the defendant's conduct, the policy of preventing future harm, the extent of the burden

[30 Cal.Rptr.3d 186]

to the defendant and consequences to the community of imposing a duty to exercise care with resulting liability for breach, and the availability, cost, and prevalence of insurance for the risk involved." (Id., at p. 113, 70 Cal.Rptr. 97, 443 P.2d 561, italics added.)

[30 Cal.Rptr.3d 186]