If you’re hurt in a car accident, you may wonder what the concept of “negligence” means. That is why a car accident lawyer is here to share with you:
- What negligence is
- The legal concepts that must be met to prove negligence
- Who determines negligence in an auto accident.
This blog post is written for informational and educational purposes only. It is not intended to be a substitute for legal advice. If you have questions about negligence and your accident, consult with an experienced lawyer in your area.
What Is Negligence?
Negligence is a legal concept. In simple terms, it means that someone failed to act within a certain level of care that a reasonable person would have used. Some examples of negligence includes and may not be limited to:
- Speeding. All drivers have the obligation to follow the speed limit.
- Failing to yield the right of way. All drivers have the obligation to follow the rules of the road.
- Running a traffic light or stop sign. All drivers have the obligation to follow the posted signs and traffic lights.
- Drinking and driving. All drivers must keep their alcohol use at the legal limit of .08 if they decide to have a drink before driving.
This is not an all inclusive list. Rather, these are common obligations that all drivers must meet as our friends at Herschensohn Law Firm, PLLC can explain.
What Are The Legal Concepts That Must Be Met?
Since negligence is a legal term, there are certain concepts that must be met to determine if someone acted in a negligent way. They include:
- A legal duty. For example, all drivers have a legal duty to stop at stop signs.
- Breach of the legal duty. Continuing our example, a driver fails to stop at a stop sign.
- Proximate cause. This is sometimes referred to as the “but-for” test. But for the driver failing to stop at the stop sign, they wouldn’t have hit the vehicle with the right of way and there would be no injuries.
- There must be actual harm. For example, the car who didn’t stop t-boned another vehicle causing both property damage and injuries to someone in the other car. Versus a car that did not stop but everyone was able to avoid a collision.
Who Determines Negligence?
Negligence may be determined by several individuals and entities. Some of those individuals and entities include and may not be limited to:
- The police who create an accident report
- The insurance company receiving the claim
- A personal injury attorney
- An accident reconstructionist
- The judge or jury during a trial
The police at the scene of the injury will be the first step in the case. WIth their determination of fault, it is then time to take it to the insurance companies. Keep in mind, police officers can be wrong about fault as well, which is why it is important to get a lawyer after you have contacted emergency services and after you have sought medical treatment. They will ensure you are properly represented throughout the case. Contact a lawyer near you today.