Every driver plying the road has a duty of care bestowed on them by the law which they have to uphold. When an accident results, in most cases, it is as a result of the driver’s breach of care. To win a car accident lawsuit, the victim has to provide evidence that shows the driver breached his or her duty of care. This breach of the duty of care is also called negligence in simple term.
Negligence is simply the failure to behave with a level of care
A prudent driver – even without being told or subjected to by the law – will put the safety of other road users into consideration in all their actions while driving. The failure to behave under this level of care – up to the extent of breaching the road safety laws can be regarded as being negligent. This means that distracted driving is a form of negligence.
A driver needs to be focused while driving
The number of activities that can distract the driver while behind the wheel is increasing. For example, modern cars come with navigators and televisions preinstalled on their dashboards which can steal the driver’s attention. There is also the case of advances in mobile phones and drivers having the urge to use their phones (to chat, text or call) while driving.
Drugs and alcohol can affect a driver’s decision-making
When a driver is on a public road, they ought to be able to make quick and accurate decisions which mean they have to be on alert. Drugs and alcohol have the potential of dulling the senses or building up fatigue in the driver which would affect their decision making. A fraction of a second delay in taking a decision while driving can lead to an accident. When a driver ignores the right of way or drives recklessly, they are also breaching the duty of care.
Establishing that a driver has breached the duty of care is difficult
The exception of reckless driving – and maybe driving under the influence of alcohol which can be very obvious – it is often very difficult to establish that a driver has breached his or her duty of care and acted negligently. For this reason, you will need an expert attorney in the field of the accident to help you prove the guilt of the negligent driver if you have been injured from an accident.
The court considers a number of factors to prove a case of negligence
In order to prove that the driver was negligent, the court would first of all establish that there was a duty of care. The lawyer or plaintiff must also show to a reasonable extent that the defendant failed to exercise care which resulted in the harm. The harm incurred by the plaintiff must be within the scope of liability.
Victims of accident face heavy burden of proof
As if it is not hard enough for the victim to prove that the defendant was negligent, they are also required to prove that the act of negligence resulted directly to the injury. This is usually an uphill task – and the main reason why many victims shy away from pursuing an injury lawsuit. To establish evidence, documentation of accident, witnesses, and photos need to be provided.
Only a qualified lawyer can help you win the case
The field of law is diverse and different lawyers have their different specialties. If you are a victim of an accident and you have been sufficiently injured in the process, you will need a professional accident attorney to assist you in fighting for your right.
- Drivers on a public road are bound by a duty of care.
- Distracted driving can constitute an act of negligence.
- Factors that can distract a driver are increasing.
- Establishing a case of negligence is always difficult.
- The lawyer will not only have to prove that the driver was negligent but alsoi show that negligence led to the injury.
- Qualified lawyers can help you prove a case of negligence.
- Evidence such as photos and witnesses need to be presented in court.
- Drugs and alcohol can affect a driver’s judgment on the road.
- Most accidents occur as a result of a breach of care.
- Harm incurred must be within the scope of liability for a lawsuit to hold.
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