How negligence factors during a car crash

On Behalf of | Dec 18, 2020 | Car Accidents, Personal Injury

One of the most common reasons people in Connecticut and around the U.S. get involved in car accidents is due to negligence. Negligence is defined as the failure to exercise reasonable care. Unfortunately, negligence often leads to others being injured on the road. The following includes some information about negligence and how it factors during a car crash.

Lawsuits involving negligence

When drivers are involved in a car accident and are not at fault, they may begin to wonder what type of claim they can file to receive compensation. Understandably, this can be a little complex as there are many forms of negligence when it comes to a car crash. Perhaps the most common is a driver not obeying the traffic laws of their state by speeding, failing to yield or running red lights. Other forms of negligence include:

  • Lack of focus behind the wheel
  • Failure to control the vehicle
  • Failure to use the car’s equipment properly

How can you prove negligence?

When filing a personal injury lawsuit against another driver, you’re going to be asked to prove your claim of negligence. This will involve providing the courts with the four elements that prove someone was negligent on the road.

The first one includes a duty of care, which involves doing your duty to protect others in a situation that could injure them, such as driving. The second includes a breach of duty, which involves a driver breaking road laws. Next, and possibly the most important is causation as this requires the injured person to prove that the other driver was negligent. If this is not proven, no charges will likely be filed. Lastly are the damages involved. Your attorney may help you calculate the damages that you incurred, such as medical and material damages.

As you can see from the information above, there are a lot of things that go into proving negligence. It may be beneficial to hire an attorney experienced in auto accidents to take on your case.


FindLaw Network