Most car accident lawsuits in California are related to negligent driving. If you have been sued or sued another person for a car accident, you probably heard the term ‘Negligence’ used several times. Negligent driving can result in collisions that cause a lot of damage. Being accused of negligence and being proved guilty of negligence are different. You should contact Los Angeles Car Accident Attorneys for some advice. However, there are a few things you should know that may help you better understand your case.
What is Negligent Driving?
Negligence as it pertains to driving means that a driver has acted in a reckless manner which resulted in harm or injury of another person. Negligence is a legal theory utilized in car accident cases. The theory suggests that a driver must do all they can to avoid injuring pedestrians, passengers or other motorists. Any careless activity that results in injury or harm of the mentioned parties makes a driver liable for negligence.
A driver can be negligent in two scenarios. They may do something on the road that they should not have done such as going over the speed limit or ignoring a traffic light. Negligence may also be as a result of something you should have done for example stopping your car for a pedestrian to pass or turning on your lights when driving at night.
Components of a Negligence Claim
The party that brings the negligence lawsuit (plaintiff) must prove that the person being sued (defendant) was negligent. For starters, they must prove that the law required the plaintiff to drive carefully often referred to as ‘duty of reasonable care.’ Examples of this duty include stopping at relevant traffic lights, stopping for crossing pedestrians and keeping a safe distance from the car ahead.
The plaintiff must then proceed to prove that the defendant was not driving carefully. In other words, the defendant must have breached the duty of reasonable care’ for negligence to be true.
The plaintiff must also prove that he/she suffered injuries. If you are the victim of a car accident, you are liable to receive compensation for property damage, injuries, lost wages and psychological pain or turmoil. The plaintiff will have to show proof of injury or any other loss for successful compensation. Therefore, keeping records of such damages is crucial.
Even though you prove that you did suffer damages, you must prove that the defendant was the cause of those damages. Failure to do so will not result in any form of compensation or responsibility on the defendant’s part. Unfortunately, it is possible for more than one party to be responsible for negligent driving. Such negligence is called contributory negligence or comparative negligence. The plaintiff will then have to prove that both drivers were guilty of negligence.
Negligence Legal Assistance
Negligence is a legal theory used in car accident cases and it has to be proven in a court of law. There are different components to negligence and most require Los Angeles Car Accident Attorneys to prove. Call El Dabe Ritter Trial Lawyers today for more assistance.