What is Negligence? Who’s at fault in a car accident?

One of the most common types of personal injury cases involves a claim of negligence. Negligence describes a situation where a defendant is accused of acting carelessly (or in a “negligent” manner), which thereby results in a plaintiff’s personal injury or damage/destruction of property.

Negligence is a difficult area of tort law that in order to be awarded damages successfully requires an experienced personal injury attorney.

The Elements of Negligence:

1. Duty of care owed by the defendant to the plaintiff

2. Breach of that duty of care

3. Actual causal connection between the defendant’s negligence and the resulting harm to the plaintiff

4. Proximate cause, which relates to whether the harm to plaintiff was foreseeable by the defendant and/or the plaintiff

5. Damages resulting from the defendant’s negligent conduct

A subject’s duty can be attributed to a number of circumstances, including where an individual is driving a motor vehicle and must drive safely with regard to other drivers and in observance of the rules of the road, a professional commitment such as in a legal or medical relationship, or other relationships in our society where responsibility to act is governed by law. A breach of duty in the case of a motorist failing to stop or issue a signal ahead of an event may cause injury to another party that would have a good argument to the negligence of the driver directly.

In civil law, negligence is complicated when argued in a lawsuit as considering “comparative fault.” Comparative fault is claimed if a person “suffers injury, death, or loss as the result partly of his own negligence and partly as a result of the fault of another person or persons,” whereby the amount of damages recoverable “shall be reduced in proportion to the degree or percentage of negligence attributable to the person suffering the injury, death, or loss.”

According to these statutes, the complexity of a negligence claim in tort law will require dedicated legal professionals with experience in personal injury law to sort out the evidence in your favor.

What Should I Do If I’ve Been Harmed Due To Negligence?

1. Immediately contact local law enforcement and obtain a complete police report which will serve as important evidence.

2. Do NOT share information directly with another party as this will remove the liability the local law enforcement has to mediate your circumstance.

3. Do NOT assign blame or offer any information about the incident except for routine details as ill speech will be used against you in a court of law and will affect your case.

4. Seek medical attention as soon as possible if you notice any pain or discomfort after the incident.

5. Collect all of the information and evidence available regarding the incident.

6. Call a law firm and present your information to seek monetary compensation for your personal injury claim.

If you or a loved one requires the assistance of a professional personal injury attorney, contact a local law firm to handle your case.