You can bet that both you and the defendant will be talking to personal injury lawyers whenever a car accident is caused by negligence. You, the defense, and your injury lawyers in Antioch, will be relying on the concept of negligence to justify the different sides of the story.That’s why you need to:
• Define negligence in the context of a car accident case
• Understand how to prove that a driver acted negligently
• Understand the legal duties that apply to safe driving
• Understand the possible defenses that can be used
How is Negligence Defined?
A person acts negligently when he or she acts carelessly and hurts/harms another person in the process. You can be negligent in a car accident by doing something illegal like running a stop sign. You can also act negligently by failing to do something that you should have done. A good example would be not stopping for pedestrians at a crosswalk.It’s your job as a driver to use a certain duty of care when driving. You can be sued for bodily injuries and property damage otherwise.
How to Prove that a Driver was Negligent
• The concept of negligence will come into the picture whenever a car accident is being disputed. You’ll need to prove that the defendant was guilty of all of the following if you’re the plaintiff and you want to prove negligence:
• The defendant was legally required to be careful.
• The defendant breached his or her duty of care. It’s a fancy way of saying that the defendant was negligent.
• The defendant caused your injuries. Of course, you’ll have to submit ample evidence proving that.
• You suffered many losses. These can be in the form of property damage, lost wages, lost future income
What Duty of Care does a Driver Have?
If you’re a driver, you must do the following:
• Drive at the posted speed limit
• Drive defensively
• Keep control of the car at all times
• Maintain and use your vehicle’s equipment at all times
The Concept of the Presumption of Negligence
State Law requires you to act with a duty of care. You’ll have to prove that you were not acting negligently if the plaintiff accuses you of doing so. For example, you’ll have to prove that:
• You were not under the influence
• You followed the rules of the right of way
• You were driving on the right side of the road
Defenses to Negligence in a Car Accident Case
The defense may have a case to lower his or her settlement amount to the plaintiff if he or she can prove that the plaintiff was not acting with a complete duty of care. You need to hire a good personal injury lawyer, if you have ever been involved in a car accident. He or she can help you get the largest settlement possible.