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Car Accidents and Negligence

See full article at (https://injury-pedia.com/car-accident...) Negligence is a theory that is usually the basis for many personal injury and car accident lawsuits. What is negligence exactly, and how can you prove someone has acted negligently? We’re going to take a look at this now: What Exactly Is Negligence? When someone has acted negligently it means they have behaved carelessly or thoughtlessly, and their actions resulted in injury or harm to someone else. For example, someone may speed, or they may have failed to turn on their lights when they should have done. Drivers must drive with care and do what they can to avoid injuring their passengers, other motorists, and pedestrians. If a driver does not drive carefully and they end up injuring another person they will be liable for those injuries. Negligence Claims The individual who files the lawsuit (The plaintiff) must be able to show that the person who is being sued (The defendant) acted negligently. The plaintiff must show: Duty of reasonable care The defendant was required by law to be careful. In a car accident case, the law states that all drivers must be careful whenever they encounter anyone on the road. This is known as the ‘Duty of reasonable care’. Violating the duty of care The defendant did not act carefully and therefore breached or violated their duty of care. The law will compare the driver’s actions with what is expected of a reasonable person. In other words, the law will ask “Would a reasonable person have behaved in a similar way?”. If it is found that a defendant did not behave with reasonable care then they have violated the duty of care. For example, reasonable drivers should follow a vehicle from a safe distance, always stop at a red light, and be on the lookout for pedestrians crossing the road. The defendant’s actions caused your injuries. You were injured or you suffered losses in the accident. This may well mean you’re entitled to compensation for all your injuries, your loss of earnings, pain and suffering, and loss of earning capacity. If you cannot prove that you were injured or you suffered losses, you will not be able to claim any compensation. A Driver’s Duties Drivers are required by law to use reasonable care so they can avoid injuring anyone they encounter. For example, you are required to drive at a speed which is reasonable. If you drive too fast for the weather conditions, the amount of traffic on the road, or when you’re near a school, for example, a court could find that you were not using reasonable care. Being Vigilant Drivers must remain alert at all times, and be on the lookout for vehicles on the road, hazards, and pedestrians. Drivers are also expected to see what a reasonable person would see. If you fail to pay attention to the road you could be found negligent. Controlling your Vehicle Drivers must control their vehicle at all times. This means that they should be able to stop quickly, should they need to. If a car was to lose control for no obvious reason then it could be assumed that the driver was acting negligently. Maintaining your Vehicle Every driver is expected to maintain the car and its equipment properly, and it should be safe to use at all times. A State’s Motor Vehicle Laws Every state has their own motor vehicle laws which govern how drivers should behave. In some situations, violating one of the local laws can give rise to what is known as a ‘Presumption of negligence’ in other words, the defendant will have to prove, using evidence, that they were not negligent. This is opposed to the plaintiff trying to prove that they were negligent. Conduct that could result in the defendant being given a presumption of negligence includes: • Failing to drive on the correct side of the road • Driving under the influence of alcohol • Driving under the influence of drugs • Violating the right of way rules Defenses used by Drivers There are a few defenses that a defendant can use when their car accident case is based on negligence. Some defenses can lower or even eliminate liability. For example, if a pedestrian crossed the road at the wrong time and is subsequently hit by the defendant’s car, the defendant may not have to pay the pedestrian any compensation. In some cases, the defendant may have to pay a lot less than was originally planned, depending on the circumstances. Finding a Lawyer Some car accident cases can be quite straightforward and a lawyer is not therefore needed. However, if the case is quite complicated or a pedestrian has been severely or permanently disabled as a result, it would make sense to hire a personal injury lawyer. For all your personal injury needs check out https://injury-pedia.com