Is there anything to say about a car accident that you already do not know by yourself?! Can we say it is a traumatic and unnecessary experience? No! can we say it can be life treating situation and a legal headache? No! No, we don’t need to say this because most of you have had an accident or two in a lifetime and all of you know what you went through.
Today we will be addressing these things for those that still haven’t gone through this and that need to know a few things if they, God forbid, get in a car accident claim or driver negligence. The streets are jam-packed with cars, trucks, vans, and other motors and electric vehicle transportation means and you have to expect that you will be a witness or even a party involved in an accident, fender bender, or anything in between. When this happens, you need to have some basic knowledge of how to proceed and what to do in these cases.
This is why we are talking about driver negligence and car accident claims today, and this is why we will give you a few things to know and understand so you can navigate better out of that situation. Besides that, we will also help in the form of legal aid through Earl & Earl a very experienced and good legal team that will help you hold negligent motorists and other parties accountable and pursue the compensation and justice you deserve.
In the event of an automobile collision, both the drivers and their attorneys will depend on the legal notion of carelessness. What precisely is this? Negligence is defined as reckless conduct that causes harm to another person or other individuals. This might be something you neglected to do or something you did to cause something, in this example an automobile accident. So, if you were talking on the phone while driving, you were negligent. The same is true for inaction, such as failing to halt at a stop sign and colliding with another car or a pedestrian at a crossing. These are all examples of carelessness toward others, and they are the simplest versions we can think of. Anyone involved in an automobile accident caused by carelessness, as well as their insurance company, can be held financially accountable for any injuries and losses. To establish this, you must demonstrate duty of care, violation of the duty of care, causation, and damages.
2. Duty of care
Every driver in every single state across the US and the world has to ensure that they operate their vehicle in a manner that must be deemed as non-negligent. What this means is that you must not drive in such a way that is potentially harmful in any way to any driver or property. This is something every driver is thought in their very first driving lesson. Despite this important lesson, most of us tend to forget other things that are also important. We tend to forget the traffic laws and speed limits of our country and every other country we go to or through. This is where most accidents happen and why we have had so many traffic issues in the past several years.
3. Breach of duty of care
When it comes to proving the breach, we have to say that it is not always as clear as it should be what this may be exactly. It is defined as someone who chooses to operate a vehicle in a negligent way and in such a way that other person and property may potentially be harmed. Some of the breaches can be excessive speeding, missed usage or not using turn signals at all going through red lights, and stop signs, and drinking or consuming drugs and driving. Now some of these things we mentioned are minor breaches of duty of care and they happen daily without any issues. Others have a bit more weight and are considered to be shocking breaches of duty and they are driving under influence – DUI, running red lights with excessive speeds. These can cause much bigger accidents and have caused a lot of deaths over the years. In some of these claims’ breaches can be intentional and in those cases, your accident can be moved from a civil to a criminal court depending on all of the circumstances.
4. Causation and damages
These two parts of an automobile collision that are considered negligent are best understood when they are discussed together. These two are closely connected, which is why they’ve been grouped together. If it is determined that a motorist exceeded the duty of care, which caused your injuries, you may win your case and get your claim. Causation can be divided into two types: cause in fact and proximate cause. The term “cause in fact” refers to a driver’s violation of the duty of care as the source of the harm. For example, if a car collides with another automobile and the incident results in another driver suffering a broken arm, this conduct will be considered the cause.
Proximate cause is defined as the act (or failure to act) that triggered the automobile accident and resulted in all injuries and vehicle damage. In the case of our example form just now, if the driver were not speeding the other driver would not break his arm. When it comes to damage different we have different types that can come as a result of a car accident. Damages can involve injuries to an individual, monetary damages, physical damages, or pain and suffering. These can be easily divided into two categories like economic damages which can be accounted for in terms of monetary value and non-economic damages which can be referred to as pain and suffering.
So, as you can see these are some things you need to know regarding driver negligence and car accident claims. These are the four things that explain a lot and these are the things that your case will depend heavily on. To safeguard your best interest and navigate through this legal conundrum, our best advice is to invest in a good and experienced lawyer who will get you through these tough times.