4 Instances Of Negligence In An Auto Accident Case
When you get in an auto accident, you usually get your insurance company or the insurance
company of the responsible party to cover the damages to your vehicle and possibly even injuries to your self, but in some cases you are entitled to more. In some cases, when the accident and injury to yourself were actually caused by the other driver's irresponsible or ill-intended behavior, you may have a civil case on your hands and it might be time to talk with a lawyer.The key in these cases is negligence. Basically, you have to show that the other driver was doing something wrong that directly caused the accident and then led directly to your injury. Since there are typically few witnesses with an authoritative voice around to give a statement about what happened?and most accidents are the result of several different factors?this can be quite hard to prove without a professional at your side.
So what are some circumstances that can be seen as negligence?
1. Failure to Recognize The Rules of the Road
If the driver was not obeying the laws of the road, which might include driving down the wrong side of the street, running a red light, or going when it is not their right-of-way, they may be guilty of negligence and entitled to pay further damages?even if it was unintentional. While defensive driving is the best policy for any driver on the road, we expect the other drivers to follow the rules of the road, and this expectation is the only thing that prevents chaos on our streets.
So when a driver makes an obvious mistake, especially if they were knowingly breaking the traffic laws, it is only reasonable to assume they are at fault for causing the situation.
2. Driving Unsafe for Conditions
On a similar note, driving unsafe for the current conditions may warrant negligence. Speed limits are not enough when it comes to real life conditions, and laws usually recognize a driver's responsibility to account for the environmental influences and adjust their driving accordingly. So, driving too fast in wet, windy, or icy conditions can be seen as negligent in certain situations.
3. Talking or Texting on a Cell Phone
One common occurrence in these modern times are auto accidents caused by drivers who are talking on the phone or sending text messages while driving, and this results many accidents and deaths behind the wheel. It's not only against the law but obviously a very poor judgment call that demonstrates a driver is not taking their responsibility seriously.
4. Intentional Harm
While it's nothing we like to think about, there are cases where someone causes an auto accident because they were intentionally trying to hurt someone, and an automobile can be a very dangerous weapon. This may include trying to run someone off the road, rear-ending their vehicle, or even trying to run over a pedestrian.
The fault in these situations is pretty clear, but in reality, it may not always be easy to prove in criminal court. In civil cases, the burden of proof is typically less demanding, and so a victim still may be able to collect damages even if they cannot press charges.
by: James Druman