When it’s time to prove who is at fault for an automobile accident, there’s a good chance that the drivers, their insurance companies, and their attorneys will refer to the legal definition of negligence in preparing a ruling for the case. Therefore, it’s important to learn what negligence means and how you can prove who was negligent in a vehicle accident, as well as defenses you can use in court to increase your chances of winning a fair settlement. 

What Is Negligence?

Negligence is defined as careless behavior that results in harm being inflicted on another individual. For example, when it comes to car accidents, a driver can be deemed negligent by doing something that they shouldn’t have done, like speeding or running a red light, or failing to act safely, i.e.not stopping for a pedestrian or not yielding at an intersection. 

Proving Negligence In a Car Accident Case 

Negligence will be considered in your accident case any time the drivers involved in the accident can not agree on whose fault the accident was. Negligence can also become part of the collision case if more involved insurance parties can not agree on who was liable for the wreck. 

If you’re the plaintiff in a car accident case, you should be able to determine that the defendant was not careful enough while driving and operated the vehicle in a way that led to the accident. Your attorney will also try to prove that the defendant violated their duty of reasonable care by committing or failing to commit certain actions such as: 

• not stopping at a red light
• not watching for pedestrians crossing the street
• not following the automobile in front from a safe distance

These factors can lead to injuries. For instance, if the plaintiff sues the defendant and claims neck injuries after the defendant rear-ended the plaintiff’s car, the plaintiff will have to prove that their neck pain is due to the defendant’s negligence while driving. In addition, the plaintiff will have to work with an attorney to gather evidence such as a police report or previous and current medical reports that show that the neck strain or injury didn’t occur until after the accident or was worsened because of the wreck. 

It is also important to note that they can sue for pain and suffering if someone suffers physical injuries but no vehicle damage. However, if the victim sustains an injury and their vehicle is damaged or totaled, they can sue for both pain and suffering and damages. 

Legal Obligations of the Driver 

According to the law, drivers must drive reasonably safely to avoid causing harm to other drivers, passengers, and pedestrians. It entails driving at a safe speed, making it easier to maintain control of the vehicle and stop suddenly if necessary. In some cases, drivers can be charged with driving the speed limit in severe weather or near/in construction sites. Defendants can also be charged with negligent driving if they are going too fast in a school zone, especially while children are crossing the street. 

If you’ve been injured in a car accident due to the negligence of another driver, see how a car crash lawyer can help you win your case. It’s best to get in touch with an attorney as soon as possible while the details of the accident are still fresh on your mind. Your lawyer will gather all the evidence pertaining to your case and help you get the compensation you deserve to cover medical treatment and automobile repairs so you can restore your life after an automobile accident. 

It is also important for drivers to be vigilant while on the road. Drivers have to remain alert during their time on the road and look out for hazards, other drivers, and people crossing the street. When a driver does not see or make allowances for potential hazards that a normal person would see, they may be guilty of negligent driving.

Author

With a law degree under his belt, Mark Scott understood very early that law communication was a relatively neglected area. He decided to help people by “translating” the language and offering information and advice in a clear, useful, and actionable manner. For this reason, instead of finding him in court, you will most likely find his name online, where he is very active and thriving as a legal columnist. His part of making the world a better place is to make the law a less convoluted maze. He aims to make it easier for people to understand when and how to seek legal counsel, how to proceed in a significant number of legal matters, and to find the proper resources so they can stand up for their rights.