negligence

Determining Negligence in a Car Accident


Many car crashes are caused by negligence, which means that at-fault, a driver failed to act responsibly or in a particular way, leading to injury. If negligence caused a crash, the law allows the victim, to pursue a legal action against the driver allegedly at fault and his/her insurance company will have no option but to compensate him or her against injury caused and other damages that might have been involved. But to do that, there has to be proof that the driver allegedly at-fault was in fact liable for the accident.

Determining Negligence After a Car Crash

Immediately after the car crash, the person who suffered the injury (the plaintiff) and his attorney will need to determine whether negligence was, in fact, the cause of the crash. They will be able to do this by involving investigators and other professionals. They all will be looking for proof that;

1. That the driver allegedly at-fault didn’t take his duty of reasonable care’ when driving.

Every driver have the legal duty to drive in a non-negligent manner, a manner that should not be harmful to other people or any properties. A personal injury attorney and other involved professionals will be seeking to provide proof that the driver allegedly at fault failed to meet this legal duty.

2. That the defendant in fact breached his/her duty by doing what a reasonably-prudent-person would do.

The term ‘reasonably prudent person’ represents what any other person would have done under similar circumstances. This means that the driver allegedly at-fault will therefore be negligent if someone else would have done things differently than what he or she did at the time of the crash. Proving this will require an eye-witness or any other evidence directly related to the crash.

3. That the plaintiff actually got the injury from the crash

There must be proof that the defendant negligence directly led to the victim injury. There are times when, yes, the defendant, in fact, acted negligently, but the victim or rather the plaintiff will only be in a good position if the defendant actually caused the injury. This again will need to be proven by use of expert witness or medical documents.

4. That the plaintiff suffered serious injury due to the defendant negligence.

In any case, if the defendant was negligently driving, the plaintiff will be compensated for damages and injuries. But there are cases where the plaintiff might have also played a role in causing his/her injury and no fault law also changes things. Take an example where the defendant made an abrupt left turn just in front of the plaintiff vehicle( a clear sign of negligent driving), but the plaintiff was driving beyond the speed limit. It is the job of the personal injury lawyer/ attorney to determine, whether the plaintiff negligence is a factor in causing the crash and know how this will affect the case.  These are all facts that a victim who suffered from the crash cannot collects alone, that why there is every need to hire an experienced personal injury attorney, to improve the chances of establishing who was at fault, minimizing theirs and maximize the value of the compensation claim

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