If you’ve been injured in a car accident and want to know whether you have a strong case, having a clear understanding of negligence can help you determine this.
Below, you’ll find out how negligence is defined and how to prove it so you can receive the compensation you are entitled to.
Definition of Negligence
If one party has caused another’s injury because they acted in thoughtless or careless ways, they are considered negligent. Driving under the influence, running a stop sign, and speeding are all examples of negligent behaviors that could cause a car accident.
Understanding Negligence Claims
If you are the injured party claiming against another driver, you are the plaintiff and the other driver is the defendant. As the plaintiff, you must prove that the defendant acted negligently by demonstrating that the law required the defendant to be careful, and that the defendant did not act carefully. The court will determine this by comparing their actions to the actions a reasonable person would demonstrate in the same scenario. If the defendant did not behave reasonably, they can be considered negligent.
You will also have to prove that the defendant’s actions caused your injuries and that you experienced personal losses because of this. Losses may include wages, pain and suffering, and property damage, among others. You will need to provide evidence such as receipts for medical treatments and other documentation.
Finally, if your actions were responsible for your injury in any way, the defendant’s liability can be reduced. For example, if you were a pedestrian and stepped into oncoming traffic, you may be held at least partially liable.
The Responsibilities of Drivers
Drivers must actively try to prevent harm to others while they are on the road. This means driving at a reasonable speed, which may be below the speed limit if weather conditions are poor. Drivers must also be alert and actively looking out for pedestrians, vehicles and road hazards. In addition, they must remain in control of their vehicle at all times and keep their brakes and other car equipment maintained.
Getting in Touch with a Lawyer
It’s typically a good idea to work with a Car Accident Lawyer if you have been injured in an accident, especially if you have become disabled because of your accident, or if the case is complicated.
Even if you’re unsure whether you have a case, a consultation can clarify your legal rights, give you a sense of whether the other party is negligent, and provide an estimate of how much compensation you could receive. Consultations are usually free, so if you don’t have a strong case, you haven’t lost anything.
Most personal injury lawyers charge you on a contingency basis, so they won’t get paid unless you win your case.
Now that you have a clearer understanding of negligence, find out more about personal injury law by downloading our free personal injury recovery kit or book a free consultation with a personal injury lawyer.
Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader's specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.