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The basics of negligence in car accidents

On Behalf of | Jan 4, 2019 | Car Accidents

Being injured in any serious way is a traumatic experience to navigate. Dealing with the physical, emotional, and financial stress of the situation can take its toll on even the strongest of individuals. While any type of accident is difficult, being injured because of the negligence of another party can be an even more-stressful event. In these types of cases, it’s crucial that an injured individual receives the justice they deserve. When it comes to car accidents, proving negligence is a major element of this justice.

There are four main components of negligence. First, there must have been a “duty of care” to the plaintiff owed by the defendant. Next, that duty must have been broken in some way, with that breach being a definitive link to the injury in question. Lastly, there must be “proximate cause,” which deals with whether or not the incident was foreseeable. Finally, there have to be damages resulting from the offending conduct.

For instance, every motorist has a duty to all others on the road to follow the proper traffic laws and obey signage such as stop signs. If a driver runs a red light or stop sign, they have arguably broken that duty and, if someone is injured because of that action, might be held liable for those damages.

Negligence and liability are sometimes complicate components of any type of personal injury lawsuit, including car accidents. Seeking the assistance of a qualified attorney can be very helpful for people dealing with these difficult situations. With a proper plan of legal action in place, the injured individual or individuals can ideally get the justice and compensation they deserve.


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