If you have been in an accident and are considering filing a lawsuit against the party responsible for your injuries, it is important for you to know the role played by negligence in accident cases. In many accidents, nobody is at fault, such as when you slip and fall on the sidewalk, but you are able to get right back up and continue walking. In cases where there is negligence, however, there are also legal consequences.
An accident on its own does not necessarily signify that there was negligence. Negligence means that actual losses or damages must have originated due to the accident. Also, the victim must have suffered an actual injury. Just because somebody might have been hurt under similar circumstances is not enough to create legal liability.
Negligence occurs when an individual fails to exercise a level of care that would be expected from anyone under a similar situation to protect them from facing an unreasonable risk.
In accident cases, negligence is present when a driver fails to use care to avoid injuring other drivers, their passengers, or people walking by. If the driver is not reasonably careful and the way they drive results in someone getting injured, the driver is liable for those injuries.
The accident is not considered negligence, per se, but the driver’s actions or inactions are what constitute negligence. In cases where the accident takes place on somebody’s property, such as a retail store, restaurant, or private home, the property owner or store manager is the one who has to make sure that the area is reasonably safe for those entering and visiting.
There are some specific requirements that the law has spelled out for drivers. Not meeting them means that the driver has violated the duty of reasonable care. Among them, it is expected that the driver will use a reasonable speed to drive, adapting to the traffic and weather conditions; drivers should also be aware of other cars around as well as pedestrians. This applies in cases such as when the car is passing by a school zone. It is also expected that the driver should know how to properly use the car’s equipment and keep their car under control.
If you fell and injured yourself on someone else’s property, you will have to prove that the owner was negligent in using reasonable care in the property. This means that a defect or hazardous situation existed and, although the owner or manager was aware of it, they did not take the necessary steps to correct it. And, if an immediate correction was not possible that they did not take steps to warn you about this potential hazard.
The reasons people might be injured might relate to being in car accidents, truck accidents, motorcycle accidents, slipping and falling on someone’s premises, or even being bitten by a dog. If this is your case and you are trying to regain your health or to get your property repaired, your lawyer can help you recover economic and non-economic damages.
