Driver Negligence: A Closer Look
Nobody gets into their car expecting to be in a car accident on the way to work. Or even on the way out of the driveway. And that’s before you even get to the question of driver negligence.
But, as we all know, accidents are an alarmingly common factor out on the roads, affecting hundreds of people every day, to one extent or another. The National Safety Council estimated around 4.6 million crash-related injuries and 40,200 deaths in 2016.
And a large number of those accidents, it turns out, could have been completely avoided if everyone involved had been more aware. But there’s no accounting for other people’s mistakes out on the road, and you need to make sure what your rights are in the event of an accident.
Join us today, as we take a closer look at the issue of driver negligence, and why you should seek professional representation in a negligence case.
Driver Negligence: What Is It and How Does It Apply To Your Accident?
To begin with, the definition of negligent behavior is behaving in a careless way and causing injury to another person as a result of your behavior. It can be something as simple as leaving the floor wet and causing someone to slip.
But it can also be a lot more serious, especially behind the wheel of a car. Negligent driving can range from running a red light or speeding to drunk driving or driving with an unbuckled baby in the passenger seat. There are laws against these kinds of behaviors, but many drivers ignore them in favor of saving time or prioritizing something else.
As a legal concept, negligence is often used in car accident cases. Drivers have use care to avoid injuring those around them on the road, and when they’re not careful they become liable for injuring these same people.
A Negligence Claim
When the victim brings a negligence lawsuit to the court, they have to show that the driver was behaving negligently at the time of the accident.
If you are the plaintiff (driver), you’ll have to show the following to avoid prosecution:
That the defendant was not taking proper care at the time of the incident. Known as “breaching” the duty of care, in these situations, the court will compare the driver’s reaction to a hypothetical “reasonable person”. They’ll ask the question: “How would a reasonable person have reacted to a pedestrian jumping in front of their car in traffic.
Should you have stopped at a red light? Were you watching for pedestrians? Your case will rest on these questions.
Another road the plaintiff might take in a case like this is to argue that the defendant’s conduct actually injured them instead. They could propose, for instance, that the defendant’s driving or running out into the road caused them to suddenly stop and suffer whiplash. The plaintiff may also argue they suffered losses or injury, fighting for compensation for injuries or lost wages as a result.
Like many forms of law, negligence claims can take many different avenues, depending on the specificities of the case itself. With that in mind, it’s always better to approach a law office with some level of experience in the industry. With the reputation to back up their claims, so you leave no stone unturned in your defense, whether plaintiff or defendant.
Negligence Case Representation With Ward T. Berg
If you’ve been injured in an accident, whether vehicular or a simple slip and fall at the store shopping, contact Ward T. Berg today. Driver negligence representation helps to ensure you aren’t left holding the bill in a case where someone else was negligent.
At Ward T. Berg, we work with clients from Daytona Beach, Port Orange, Deland, and Lake Helen, and the surrounding areas in a wide variety of cases. Get in touch with us, today, and let us represent you!