If you are considering filing a claim for compensation for injuries or harm you suffered as a result of a car accident, then you may have seen the term negligence in legal or insurance documents. While many people may believe they are familiar with the word, they may not know exactly what it means in a legal context and why it matters in a car accident case scenario.
We understand that if you have been involved in a car accident, you may be searching for answers. So, the lawyers at Dozier Law have put together some useful information on negligence and how it can affect your car accident claim. For more information on how we can assist in your car accident case, reach out to us by calling (888) 239-2129 or by contacting us online.
What Is Negligence?
Negligence is a legal term that describes certain behavior or actions that may have caused your car accident. There are different types of negligence, but they all revolve around the failure of an individual to act reasonably under the circumstances. In other words, you may have acted negligently when you do something that is not what a reasonable person would do in that same situation. In car accident cases, a few examples of negligence include:
Speeding – Not only is it against the law to speed, but it also is not what a reasonable person would do, and therefore, it is considered negligent. Speed limits are in place for a reason, and intentionally traveling at a high rate of speed is dangerous and could injure others.
Distracted Driving – Taking your eyes off the road to text a friend, fiddling with the car radio, or spacing out while driving are all considered distracted driving. Because a reasonable driver pays attention to the road at all times, distracted driving is considered negligent, and in some cases, it may be illegal.
Swerving – Rapidly changing lanes can be dangerous and, in some cases, cause an accident. While simply changing lanes to pass someone is not considered negligent, doing so in a rushed or aggressive manner may be. Swerving may be necessary in some instances, but if it is done unnecessarily and causes an accident, then it will likely be considered negligent behavior.
Why Does Negligence Matter In A Car Accident Case?
Every day, millions of people do things while driving that could be considered negligent. When such behavior or action causes an accident that results in injuries to others, the victim(s) may have cause to file legal action. If you have been injured as a result of someone else’s negligent actions, then you will have to prove that they were, in fact, negligent in order to receive compensation for your injuries. Proving negligence can be easy in some cases, and in others, it may be more complicated, especially if you somehow contributed to the accident through your own negligent behavior.
In many car accidents, police will come to the scene and complete an investigation and a police report. The report is an official record of the accident and looks to outline what happened, issue citations, and determine who was at fault. If the report cites infractions or contains a narrative concerning what caused the accident, then this may be used to establish negligence. For example, if someone rear-ends you and the police report results in a ticket being issued to the other driver for following too close, then the ticket itself can be used to establish that the other driver was negligent and at fault for the collision.
You may also be able to prove negligence through other evidence, such as photos, videos, eyewitness testimony, and the circumstances surrounding the accident. Your lawyer will be able to examine all available evidence and craft an argument concerning the other driver’s negligence. If they can do so successfully, then you may be able to receive compensation for the harm caused by the accident.
If you were involved in a car accident caused by someone else’s negligence, then you have the right to pursue compensation for the harm you have endured as a result of the collision. However, the law limits the amount of time you have to pursue a claim, and the longer you wait, the less likely evidence will be available to prove that the other party was negligent. That is why it is important to contact the lawyers at Dozier Law immediately so we can get to work on getting you the money you deserve. For a free consultation, reach out to us by calling (888) 239-2129 or by contacting us online. We look forward to hearing from you.