Only car accidents that happened because of negligence are compensable. This means that people injured due to someone else’s wrongful or reckless actions can bring an injury claim to seek damages. Negligence is a cause of action or legal principle that covers certain elements injured people must prove before they can pursue compensation:
- A legal duty of care to the injured person
- Violation of that duty of care
- Injuries and other losses stemming from violating that duty
- Proof of the injured person’s damages
Understanding Negligence in Car Accident Claims
Car accident claims involving negligence aim to compensate injured parties for their losses when someone else causes their injuries. To win a car accident claim based on negligence, the injured party must prove the party that harmed them caused the accident due to negligence. Because of the nature of negligence claims, they often require complex analysis to determine and prove the defendant’s failure to follow their legal duty.
To better understand negligence in a car accident case, here’s an example:
- Duty – The responsibility owed by one person to another. All people generally owe a legal duty of reasonable care to other This is the standard of care any reasonably careful and ordinary person would exercise under the same circumstances. To illustrate, let’s say a driver heads out during a rainstorm. The driver would use reasonable care by driving defensively and under the posted speed limit. On the other hand, they would not be using reasonable care if they were speeding or didn’t take preventive measures to avoid a crash to account for the inclement weather.
- Breach or violation – A violation occurs when an individual’s standard or care doesn’t meet the standard required by their legal duty. The speeding driver violated their legal duty of care by speeding during a rainstorm, placing other road users at risk.
- Causation – The violation of a duty must directly cause or contribute to someone’s injuries. While the legal causation test can be significantly more complicated, the basic assessment requires proving that the other person would not have injuries if not for the defendant’s actions. So, if the speeding driver failed to stop on time before crashing into another car, they have violated their duty. If not for the speeding driver’s violation, they would not have crashed into the car and injured the people inside.
- Damages – The defendant’s negligence must have resulted in quantifiable harm to the injured person. The specific kind of harm varies, but usually includes physical injuries, medical bills, lost income, and emotional distress.
Talk to a Seasoned Somers Roadside Lawyer Now
The Somers roadside lawyers at Berman & Russo have handled all kinds of motor vehicle accident cases for over 30 years. They have the necessary resources and experience to deal with even the most complex claims and secure fair compensation for their injured clients. Contact them today and schedule a free analysis of your claim with a Somers roadside lawyer by sending an online message or calling 860-