23 May How to Prove Negligence in Car Accident for Personal Injury Case
Negligence, in and of itself, is the most common theorized fault for car accident lawsuits today. Anyone involved in a car accident lawsuit has most likely heard this term thrown around by an attorney or insurance company – but what really is considered negligent and how can you prove negligence? To answer this question, we will discuss the basic attributes of a negligence related car accident case and what you need to consider for getting max compensation for your personal injury case.
What does it mean to be Negligent?
The most basic definition to define a negligent action is when a person has executed an action in a thoughtless sense without any care for the consequences of the action that potentially causes harm or injury to another person. That doesn’t always mean that the action may be something that the person shouldn’t be doing. In fact, the negligent action could be because of something that person should have done.
In the situation of driving, it is common knowledge that you are responsible for yourself and everyone around you. Proper care and attentiveness are just a few of the most important characteristics of a responsible driver. The moment you step into your vehicle, you are liable for everyone in that vehicle, pedestrians around you, and other drivers around you. As a driver, you have the following duties that you must uphold by:
- Driving at a reasonable speed. Drivers are responsible for abiding by speed limits set for potentially dangerous driving areas (curves, turns, city or neighborhood areas) to ensure the safety of themselves and those around them.
- Appropriate attentiveness to the road. Any type of distractions must be removed when driving and proper attentiveness needs to be upheld. It only takes 2 seconds of not paying attention to the road to cause an accident.
- Proper control of the vehicle. Drivers are expected to maintain control of the vehicle with both hands at the wheel and to drive from an appropriate distance from other cars to ensure you can break in a timely manner without colliding with the other vehicle.
- Maintaining safety and functionality of vehicle. Drivers are expected to keep vehicles in safe working condition with proper maintenance when needed.
Do you have a Negligent Claim?
The goal of a negligence based personal injury claim is to prove that the defendant’s actions were negligent and those actions were the cause of any damage or injury that resulted from the vehicle collision. As the plaintiff, you need to be able to prove the following basic requirements in order to prove negligence:
- Law dictates that the defendant must act with reasonable care.
- The defendant did not act with reasonable care. This is determined by evaluating the actions of the defendant’s driving with the conduct of a ‘reasonable’ driver. If it is found that the defendant’s actions fell short of how a ‘reasonable’ driver would perform, this has been violated.
- The defendant’s actions caused injuries to the plaintiff. You must be able to demonstrate that any injuries accrued from the accident were a direct result of the defendant’s actions while driving negligently.
- Injuries and/or damage occurred in the accident. Compensation for a car accident personal injury claim generally includes cost of property damages, lost wages or earning capacity as a result of being unable to work due to treatments or injuries, and compensation for pain and suffering.
McGinity Law Firm has been helping families across New Orleans, Covington, Metairie, and Southern Louisiana for the past 15 years, getting optimal compensation for personal injury victims of car accidents, truck accidents, motorcycle accidents, or 18-wheeler accidents. If you need help to prove negligence in an auto accident or any other personal injury claim call our Covington, LA office at (985)-892-4444 for a free consultation.