Negligence And Your Car

Any car accident attorney can tell you that vehicle collisions are one of the most common types of lawsuits in courts today

. When a collision occurs, one of the first things anyone cares about is "who is at fault?" I want to address the issue of general negligence as a RI car accident lawyer.

There are four elements to negligence: duty, breach of duty, causation of injury, and damages. Duty is a person's responsibility to act or refrain from acting in a certain way to avoid endangering others. In this context, it may involve actions such as safe driving or properly maintaining your car. Breach of this duty occurs when a person fails to act in the ways required. If someone is injured due to this breach of duty, a car accident lawyer would also need to determine whether the negligent conduct caused the injury to the person or property. Finally, all the harm or injury must be converted into a financial sum to compensate the injured party. This financial attempt to compensate the injured party is known as damages.

There are cases where a car accident lawyer does not need to prove each element of negligence to win your lawsuit. In Rhode Island, a rear-end collision is considered "prima facie" evidence that the driver of the car in the rear of the accident is at fault. "Prima facie" evidence generally means the evidence is enough to establish the fact or support a judicial finding until contradictory facts or evidence proves otherwise. In the context of a collision, this means the car accident attorney for the driver of the rear car has the burden of proving their client was not at fault for the collision.

Violation of Rhode Island's traffic statutes, embodied in Title 31 of the General Laws, may be used as evidence of negligence. However, just because a person violated a statute does not always mean the person acted unreasonably. The violated statute must have been intended to protect against the particular hazard or type of harm that caused the injury. For example, a car might stop at a green light when a child runs in front of it. While the driver of the car violated the statute, a reasonable driver would not likely to be expected to injure a child merely to obey the law. In these circumstances, it is the jury's responsibility as a fact finder to determine whether the driver of the rear car acted reasonably in a particular situation.

A lawyer experienced in car accidents can help you evaluate your case and your options. If you have been injured in an auto accident, you need an experienced personal injury lawyer on your side to help you recover damages and represent your rights.

by: Prasad Josh

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