Negligence is when a person’s behavior has been thoughtless or careless, and the behavior caused harm or injury to another person. A person can be negligent by doing something they should not have been doing, like texting while or driving, or failing to do something they should have, like stopping at a stop sign. Negligence is most often used in car accident claims.
If you have even been in a car accident, you have probably heard the term “negligence.” But, how are you sure if behavior is negligent, and how can you prove it?
Read on to learn more about negligence and for tips on how to prove it in your lawsuit.
A driver is required to exhibit care to avoid causing harm to motorists, passengers, and pedestrians. If a driver is not reasonably careful and injures somebody, the driver is liable.
The driver has specific duties, detailed below, and if they fail to observe these duties they may be negligent:
- Vigilance. Drivers must be alert and keep their eyes on the road. They have to keep a lookout for pedestrians and other road hazards. Drivers are expected to see anything an ordinary, prudent person would see. For instance, failure to be vigilant when driving through a construction area, and injuring a worker, would constitute negligence.
- Driving at an unreasonable speed. A driver is required to drive at a speed that is reasonable in relation to conditions like traffic, road visibility, and weather conditions. This means that a person driving the speed limit could even be considered negligent, if weather conditions cause the road to be more dangerous, or visibility is otherwise hindered.
- Maintaining the car’s equipment. Drivers are required to keep their vehicles safe and in working order, like making sure their brake lights are working properly.
- Maintaining control of the car. Drivers are expected to control their car, meaning the should be able to control the care reasonably.
If you are a plaintiff, and want to sue the defendant for negligence, there are a few things you have to do in court. You’ll need to:
- Prove that the law required the defendant to be reasonably careful. If you have a car accident case, the law always requires the driver to be reasonably careful, so this one would be a given. This law is called the “duty of reasonable care.”
- Prove that the defendant was not careful. You’ll need to show that the defendant violated the duty of care by comparing the driver’s behavior with that of a “reasonable” driver. If the driver failed to behave as reasonable and prudent person, for instance, failing to stop at a red light, or following a vehicle at an unsafe distance, then the driver is considered negligent.
- Prove that you suffered injuries because of the defendant’s negligence. You will need to prove that your injuries, or other harm, was caused as a result of the accident and not something else.
- Prove that you were injured or suffered losses.You are entitled to compensation for injury, property damage, pain and suffering, or lost wages. The plaintiff cannot be compensated without provable injuries or monetary losses. The plaintiff should be sure to keep detailed records of injuries, medical expenses, and property damage.
It would be in your best interest to speak to an experienced personal injury & accident attorney about all the legal options available to you and what they recommend be the best course of action. Contact the best ranked legal team in San Bernardino & Riverside Counties.