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. The following will explain what it means in a car accident lawsuit, however if you have any further questions you should contact the auto accident attorneys at Brylak Law to walk you through them.
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.
Factors to 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.
Contact an San Antonio Auto Accident Lawyer
Many auto accidents do not require an attorney, however if you find that your accident was a little more complicated, then you should contact your Laredo accident attorney for help. Your attorney will represent you through the case and the procedures that follow it. For an experienced professional, contact your local Laredo accident attorney today from Brylak Law at (210) 733-5533.