San Antonio Auto Accident Lawyers Answer Negligence Claim FAQs
If you have been injured in a car accident, be sure to contact your San Antonio auto accident lawyer before moving forward with any legal issues. Negligence is a term you will hear often if you have been in a car accident. It is a legal theory that is applied if there have been injuries sustained during the car accident. You may be wondering what exactly negligence is and how it applies to your case. Below, we explain what it means in a car accident lawsuit. To learn more about how an San Antonio auto accident lawyer can help you in a negligence claim, contact the auto accident attorneys at Brylak Law.
What Is Negligence?
Negligence is when a person acts in an irresponsible or thoughtless manor that ends up causing harm to another party. Negligence may come in the form of running a red light, speeding, or failing to yield to pedestrians. It is either doing something that you should not have done, or failing to do something that you should have done. When a person is operating a motor vehicle, it is fair to assume that they are doing so with caution. The driver should be aware of other motorists and pedestrians around them.
If the driver is not operating with caution, then they can be found to be negligent. If an accident occurred and someone was injured from the driver’s negligence, then they are liable for injuring the victim in the accident. If you have been injured in an accident, or caused an accident from your negligence, contact your local auto accident lawyer immediately.
What Is a Negligence Claim?
The term negligence refers to a behavior that is below the reasonable expectation of care that the law requires for the protection of others. The duty of care is defined by what a reasonable person would do in the exact or a similar situation. If the duty of care is not reasonably met, then you may have a case of negligence for your injury claim. In order to file a claim for negligence, you must be able to prove that your injuries were caused by the negligent act.
Negligence is something that can occur in many situations. Negligence can be caused in product malfunctions, car accidents, nursing homes, hospitals, by health care providers, and many other circumstances. If you feel that you have sustained an injury due to the negligence of another, it is advised that you should schedule a consultation with a personal injury attorney to discuss your case.
An example of negligent behavior is if a driver runs a red traffic light and crashes into another vehicle. Any injuries that are sustained by passengers in the driver’s car, or in the car that the driver crashed into or any bystanders or pedestrians, are the responsibility of the driver who ran the red traffic light. If the driver ran the red traffic light but did not crash into a vehicle and no one was harmed, then they will not be liable for behaving as a negligent driver.
Is Breaking the Law Considered to Be Negligent?
A person who breaks the law can be considered as negligent if the law that they broke was in place to protect others from harm. An example would be traffic lights that are put into place to keep drivers from crashing into one another. If a driver runs a red light, crashes into another vehicle, and causes an injury to someone, then they may be considered negligent in that case.
What Factors Should You Consider in a Negligence Claim?
The plaintiff is the person who is bringing the lawsuit against a defendant, who is the person being sued. The plaintiff is responsible for proving that the defendant was negligent, which caused the car accident to happen. Whether you are the plaintiff or the defendant, our auto accident attorneys can help you with your case. If the plaintiff is suing for negligence then they must be able to prove that the following factors happened: That the law required the defendant to be reasonably cautious while driving.
Motorists are required to operate under the “duty of reasonable care.” This means that the driver of a vehicle needs to be aware of other people on the road. That includes other motorists, pedestrians, and even passengers in their vehicle. That the defendant was not careful while operating the motor vehicle. If the defendant was not careful while driving, then they are in breach under the duty of reasonable care.
In order to determine if the defendant was driving carefully, the authorities will compare their driving with the driving of someone considered to be a reasonable driver. The situation that the defendant was in when the accident occurred will be reviewed, and authorities will determine what a reasonable person would have done in that situation. If it is determined that the defendant did not act as a reasonable driver would have in that situation, then they are found to be in breach of their duty of reasonable care. A reasonable driver is expected to do the following while driving:
- Be aware of pedestrians and allow them to cross safely
- Stop at all red lights
- Keep a safe distance with the vehicle driving in front of them
The defendant’s unreasonable driving caused injury to happen to the plaintiff. The plaintiff or their auto accident lawyer must show that the defendant caused injury to happen because of their actions. They must prove that the injury was caused from the accident and was not a pre-existing condition. There were losses on the plaintiff’s side after being in the accident. The plaintiff must prove that their injuries caused monetary losses in their life. This includes medical bills, prescriptions to treat the injuries, loss wages or earning capacity, damage to property, or pain and suffering. If there have been no damages, then the plaintiff will not receive any compensation.
What Are Your Duties as a Driver?
As a driver, you are responsible for using reasonable care when operating your vehicle. This means that you will be required to do the following under your duty of reasonable care: Operate your vehicle at a safe and reasonable speed. If you are found to be driving at an unreasonable speed when it accident occurs, you will be considered as negligent in the accident. Be aware of your surroundings and others around you. As a driver, you are responsible to look out for hazards on the road, pedestrians, and other vehicles. If you fail to see something that a prudent person would have noticed and cause an accident, then you could be considered negligent.
Maintain control of your vehicle and the equipment in it. This means that as a driver, you need to be able to control your vehicle in any situation. If a situation calls for you to stop short to avoid an accident, then you should be able to control your vehicle in such a way that makes it possible. By failing to do so, you may be considered negligent in the accident. As a driver you are also responsible for the equipment associated with your motor vehicle. This means that safety measures in your vehicle, such as your breaks or lights, must be in good working order. If an accident occurs and your vehicle’s safety equipment was found to not be working properly, then it is likely you will be the negligent party in the accident.
If I Am Partly at Fault for the Accident, Do I Still Have Rights?
The law varies from state-to-state, however it is likely that you will still be able to file a negligent claim even if you are partly at-fault for the accident. Depending on the state you are in, you may be able to file a negligent claim if you are found to be less than 50% responsible for the incident.
What Damages Are Typically Recovered in a Negligent Claim Case?
The damages that are recovered will depend on the type of damages that were incurred from the negligent act. It is typical that property damages will be able to be recovered in a case where the property was damaged. If you were injured due to negligence, then it is likely that you will be able to receive damages for your medical expenses which will cover past and future expenses relating to the injury. If you have received an injury, you may also be entitled to receive damages for any wages that were lost from the injury, mental impairments or anguish, pain and suffering, diminished earning capacity, or physical disfigurement.
How Do I Know If I Have a Good Case?
A negligent case is not an exact science. Determining whether or not you may have a strong case will depend on the circumstances in your case as well as the opinion of legal professionals. If you feel that one personal injury attorney does not believe you have a strong case, you are able to seek out a second opinion from another legal professional.
How Long Does It Take to Settle a Negligence Claim?
The length of a negligence case can vary depending on the details of the case. The majority of negligent cases are settled before reaching the trial phase; however that is not a guarantee that it will be settled before. If your negligence case goes to trial, then it could go on for years before reaching a conclusion. When consulting with your personal injury attorney, ask their opinion on what timeline they predict for your case. While they will not have an exact timeline for you, they may have an idea based on their experience with a similar case.
How Long Do I Have to File a Negligence Claim Case?
There is something called a statute of limitations in negligent cases. This means that you are given a predetermined amount of time in which to file your case before you are no longer allowed to pursue damages. The statute of limitations can vary depending on what state you are filing your claim in. In some states the statute of limitation can be a year, while in others it could be up to eight years.
It is advised that you schedule a consultation with a personal injury attorney as soon as possible after your accident. Your attorney can advise you of the statute of limitations for your state at that time. The statute of limitations for your case can depend on factors such as the type of personal injury claim you are making, the facts that go along with your injury, how old the plaintiff is, and more. If your negligent case is against a government entity, then the statute of limitations may be different. Also, keep in mind that your personal injury attorney will need plenty of time to gather evidence, question witnesses, and prepare your case. The sooner that you contact a personal injury attorney about your case, the stronger that your negligent case will be.
Contact a San Antonio Auto Accident Lawyer
Many auto accidents do not require an attorney. But if you find that your accident was a little more complicated, contact an experienced personal injury attorney in San Antonio immediately. We will help you fight for what your rights and to get you the compensation that you deserve in your negligence claim. We will represent you through the case and the procedures that follow it. Contact Brylak Law today.
