How Negligence can Affect Car Accident Lawsuit

How Negligence can Affect Car Accident Lawsuit
How Negligence can Affect Car Accident Lawsuit
October 3, 2016

Personal injury law has its backbone on negligence. Legal theory proclaims that all car accidents result from negligence. The definition for negligence is a little broad, covering reckless or careless behavior that leads to injury or harm on another person. Most car accident lawsuits require the investigations into the kind of negligence lying behind and thus finding the person responsible.

Rhode Island law requires drivers to be careful

Rhode Island law mandates drivers to be very careful in their driving so as not to bring harm to pedestrians, other motorists, bicyclists and their passengers. If a driver defaults in applying care while driving leading to reasonable injuries to someone else, he or she will be held accountable for the financial loses the victim suffers and for causing injuries and damages to the victim.

Read also: The Possibility of Suing When You are Injured Riding on the Back of a Pickup

An attorney will have to prove negligence in the offender’s action

An attorney handling a personal injury lawsuit involving an accident victim will have to provide evidences that show the driver was negligent in some way. Most times, pictures, audio recordings, forensic studies and eyewitness accounts will be required as proof of negligence. This is one of the reasons that make it a necessity to hire an attorney when you are a victim of car accident.

Several actions are classified as negligence

According to the road safety laws, several actions perpetrated by a driver can be classified as being negligent. A good number of negligent behaviors are listed below.

1. Improper maintenance of vehicle

Drivers that fail to maintain their vehicles properly are said to be negligent. Mechanical faults such as engine failure, brake failure and bursting of tires are some of the outcomes of bad vehicular maintenance which can result in accidents.

Read also: Car Accident Cases: Four Ways to Establish Breach of Care

2. Driving under the influence of alcohol

A large majority of road accidents occur because the driver was under the influence of alcohol. Alcohol interferes with judgment and can lead to dulled vision. It is strictly forbidden to drive under the influence of alcohol in many nations.

3. Distracted driving

Drivers need an utmost level of concentration when they are driving. This is why road safety law forbids drivers from making calls, texting or eating while behind the wheels. Such actions attract severe sanctions.

4. Failure to turn on lights at night

The aim of the headlamps is to aid vision at night. Headlamps will also signal to a pedestrian that there is an oncoming vehicle. If a driver fails to put on his headlamp, it is considered as an act of negligence.

Read also: Bicycle Accident Claim: Who can be Held Responsible?

5. Over speeding

Different areas have their different speed limits. Regions that are heavily populated will usually have lower speed limits to deter drivers from making dangerous turns which may cause injury to passersby.

Get as much evidence as you can when you are involved in an accident

Getting significant evidence that shows the negligence of the driver when you are involved in an accident can significantly increase your chances of getting a fair settlement even before the case is put up for trial. When you get the evidences, make sure they are preserved. Your personal injury lawyer can be helpful in sending spoliation letter to the involved parties to make sure that the evidence is preserved.

It is hard to achieve success without the help of an experienced lawyer

Going through the rigors of legal process – particularly that involving personal injury – can become almost impossible if you are not aided by an experienced lawyer. Minor car accidents can be easily resolved with or without a lawyer but the case takes a twist if injuries (like where victims suffer permanent deformation) and loss of lives are involved.

Read also: Risks Associated with Hands-Free Chatting while Driving

Article highlights

  • Negligence is the backbone of every car accident lawsuit.
  • Recklessness and careless behavior are termed as negligence.
  • Road safety law in most countries has a high demand on drivers.
  • Attorneys are saddled with the responsibility of proving the plaintiff’s act of negligence.
  • Adequate evidence will increase your chance of reasonable settlement.
  • Brake and engine failure can result if the driver does not take proper care of the car.
  • It is wrong to drive under the influence of alcohol.
  • Drivers are required to maintain full focus while driving.
  • Headlamps inform pedestrians of oncoming vehicles at night.
  • Fair settlement can hardly be achieved without the intervention of a lawyer.

Related posts:

  1. Car Accident Cases: Four Ways to Establish Breach of Care
  2. The Alarming Number of Fatal Motorcycle Accident is a Cause of Concern
  3. Why It is Dangerous to Drive While Grieving
  4. Intersections are Great Site for Potential Accident

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