Assumed to be careless at best and aggressive at worst, negligent drivers can wreak havoc on the lives of their victims. What happens when you have been involved in an accident caused by a negligent motorist? How can you get fair compensation for your injuries and damages sustained?
You need to understand the processes of dealing with negligent motorists so that you are better equipped to handle these situations.
While winning a case involving a negligent driver can seem simple, proving negligence may be difficult. The injured party (the plaintiff) must prove four elements to win a negligent driver claim: duty, breach of duty, cause of injury, and damages.
What Are the Elements of a Negligence Claim?
Duty of Care
As a society, we have a shared responsibility to act in a manner that does not expose others to unreasonable risks of harm. This is known as a prima facie duty of care and is considered an essential element of any negligence action. In negligence cases, the owner of a motor vehicle can be held liable to another person who has been injured or suffered damages to their property. This is because the driver must use reasonable care when driving.
Breach of Duty
A prima facie negligence claim is one in which the plaintiff initially sets forth a theory of negligent causation to support his or her case. An essential element of such a claim is that the defendant owed a duty to the plaintiff, and breached that duty.
In non-legal terms, this simply means that a reasonable person is expected to act in a certain way, if someone breaches that duty then he or she has committed negligence. Ultimately, this means if you suffered damages due to someone else’s negligence then they have breached their legal obligation to you and thus may be liable for your injuries.
Cause of Injury or Damages
An essential part of a negligence claim is causation. The injured party must also prove that the driver’s breach of duty caused the harm they received. For example, if a pedestrian is struck by a driver who had been talking on his cell phone, it will be necessary to prove that the driver’s failure to pay attention to the road was what caused the pedestrian’s injuries. This requires an inquiry into what would have occurred but for the breach, what is known as a hypothetical question.
Damages
Ultimately, the negligent claim must provide a financial calculation for any damages and expenses incurred as a result of the accident. Moreover, as shown on The Law Offices of Hilda Sibrian`s website, individuals who have been injured by a careless driver can be eligible for compensation and would gain knowledge more about their basic rights. Negligence claims are not rare. Negligence plays a role in numerous car accidents, motorcycle accidents, bicycle accidents, truck accidents, pedestrian accidents, and much more. However, it is important to note that negligence claims usually fail.
Under the law, a negligence claim will typically fail if the underlying events do not exhibit all the elements of a negligence claim. If you or your loved one is a victim of a negligent driver, seek the counsel of an attorney to stand a chance to receive the compensation you or your loved one deserves.
