Negligence: A Common Cause of Car Accidents
Sometimes a car accident is just that, an accident. However, there are times when a car accident may be the result of negligence.
Negligence is defined as the failure to exercise care that is commonly exhibited by others. With regards to car accidents, the negligent party may disregard their duty to drive safely on the road. This may result in injury to the plaintiff if an accident occurs.
Determining who is legally responsible, or “at fault”, for a car accident can be a difficult process. The person bringing a lawsuit or making an insurance claim for damages, or the plaintiff, must first prove that the other person, the defendant, was negligent. When it comes to car accident cases, a person may be accused of negligence if they have failed to observe the posted speed limits, signs, and traffic signals. The negligent driver may have driven in an aggressive manner, or they were distracted by electronics or other items. Another cause to negligent behavior is the use of drugs or alcohol while driving. This may not only lead to being accused of negligence, but it might also lead to more serious charges. CarAccidentAttorneys offers a detailed explanation into the consequences of negligence with regards to car accidents.
Watch this short video for information on important first steps to take when you have a personal injury claim:
Consequences of Negligent Acts in Auto Accidents
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The most obvious consequence of negligence is physical but physical consequences usually progress to several others and they are all interwoven. If an accident doesn’t result in death, it usually causes permanent disabilities. These disabilities have the potential of altering the victim’s life forever. For instance, a life guard who is involved in an accident resulting in spinal injury and paralysis can no longer make a living from his or her former job as a life guard. Apart from the physical and psychological pain involved, the victim is also no longer in a position to provide for his or her dependents. This hasn’t even factored in the cost of treatment and rehabilitation. Thinking about this would get anybody mad especially since the disaster was due to the negligence of another party.
Staying mad won’t solve the problem however, which is why you need to get a lawyer. The basic requirement for winning favorable verdicts in cases of auto accidents is the ability to prove that the accident resulted directly from the negligent actions or inactions of another entity. Of course, no amount of compensation can fully replace the losses sustained; however, compensation goes a long way in fulfilling the different obligations that arise as a result of the accident.
There are basically three types of negligence in cases of auto accidents and they are: ordinary negligence, gross negligence and comparative negligence. Ordinary negligence refers to a situation in which a party fails to apply reasonable caution, the result of which is the accident. Gross negligence refers to a situation whereby the level of negligence displayed by the guilty party can be considered extremely reckless and with blatant disregard for the safety of the victim. Comparative negligence on the other hand refers to the victim’s own contribution to the occurrence of the accident. It is the responsibility of an auto accident lawyer is to prove in court the negligence that resulted in the occurrence of the accident.
Most car accident lawsuits are based on negligence, because negligence does not involve intentional acts. Therefore, negligence claims usually involve a detailed analysis to determine whether the defendant failed to follow their duty of safety.
Each state’s statute of limitations limits the amount of time you have to file a lawsuit. You may wish to hire a qualified personal injury attorney or a motor vehicle accident lawyer. If you need either, our highly qualified attorneys at Bander, Bander & Alves in Concord MA will get you what is deserved.
