Determining if negligence contributed to a car accident

Imagine you are driving home from work or picking the kids up from school. You are focused on the road and obeying traffic laws when suddenly, another vehicle smashes into your car. In the blink of an eye, you might go from running errands to being rushed to the hospital in an ambulance.

Sadly, many of these types of accidents could have been prevented. The fact is that negligence is often the cause of a serious crash. If this is the case, there could be grounds for a victim to file a lawsuit and pursue compensation. In this post, we will explore some of the elements of a negligence case.

Negligence claims must be supported by proof that a party breached a duty of care that he or she owed the victim. There must be evidence that this negligence caused an injury that resulted in damages. 

In the case of a car accident, for example, a driver could be negligent if he or she was texting, drowsy, impaired or violating a traffic law and caused an accident that involved other motorists. 

A driver engaging in these behaviors breaches the duty to other motorists to operate a vehicle safely. If the other motorists suffer injuries that require medical care or they are unable to work as a result of the accident, they may have a legitimate claim for compensation.

Accident victims can suffer the physical, financial and emotional damages of negligence long after an accident scene has been cleaned up. In order to hold the appropriate party accountable and pursue remuneration, victims can speak with an attorney familiar with the challenges of a personal injury lawsuit. 

Source: FindLaw.com, “Proving Fault: What is Negligence?” accessed on Sept. 10, 2014