Driver Negligence and Car Accident Claims
Negligent behavior is when you fail to act with reasonable care. This could lead to an accident or injury. If someone else suffers because of your negligence, you may be held responsible. Negligence can also refer to a situation in which you intentionally cause harm to others.
In order to win a case against a negligent driver, you need to prove four elements: Duty, Breach of Duty, Causal Connection, and Damages. These elements are explained below,
Duty: A legal duty is an obligation owed by one person to another. For example, if a doctor fails to diagnose a disease, he owes his patient a duty to provide adequate care. If a driver negligently causes an accident, she owes her passengers a duty not to drive recklessly.
Breach of Duty: When someone breaches a duty, they fail to meet the standard of conduct required by law. For example, when a doctor negligently diagnoses a disease, he breaches his duty to his patient. When a driver negligently causes a car crash, she breaches her duty to her passengers.The Elements of a Negligence Claim
“Duty of driver:” First, the plaintiff must prove that the defendant had a duty to act reasonably under the circumstances. To show negligence, the plaintiff must prove the defendant breached his or her duty of reasonable care. A breach of duty occurs when the defendant fails to meet an obligation required by law. For example, if a driver runs a red light, he or she has violated the law and therefore owes another driver a duty of reasonable care.
Breach of Duty: The plaintiff must prove that the defendant violated his/her duty to operate the vehicle safely. A violation entails an action or inaction that falls short of what is expected of a reasonably prudent driver. Examples include failing to yield right of way, failing to maintain lane position, and failing to obey traffic laws.
Cause of Injury or Damages: The injured party must show that the driver's breach caused the harm they received, like if a driver looked down at his phone instead of watching the road, he might not notice that his vehicle had drifted out of its lane. If an accident happens and harms someone else, the injured party may claim that the accident wouldn't have occurred, but for the driver's negligence.
Damages are the amount you are owed for your loss. If you were injured in an auto accident caused by another party, you might be eligible to receive financial compensation for medical bills, lost wages, pain and suffering, and other damages. You should consult with a personal injury attorney if you think you have grounds for filing a lawsuit against the at-fault party.Elements of a Negligent Driver Claim
Negligence is defined as “the failure to exercise ordinary care under the circumstances.” If you were injured due to someone else’s negligence, then you may be entitled to compensation for medical bills, lost wages, pain and suffering, and other damages. However, if you were at fault yourself, you could also face criminal charges. You should consult with an experienced personal injury attorney to discuss your options and determine what steps you need to take next.
Alcohol consumption affects the brain's ability to control motor function, coordination, perception, memory, and judgment. These impairments can lead to unsafe behavior, including impaired reaction time, poor decision making, reduced situational awareness, and increased risk taking. For example, alcohol increases the likelihood of accidents involving pedestrians, cyclists, and other vehicles.
Drowsy driving: Many people associate fatigue with long-haul truck drivers and night shift employees. However, drowsiness affects everyone at different times throughout the day. Drowsy driving causes many of the same problems as alcohol impairment, including impaired reaction time, reduced attention span, and decreased vigilance. Drowsy drivers are three times more prone to accidents than well-rested individuals.
Speeding is a major cause of traffic crashes. It takes longer to react to hazards when you're speeding, so there's not enough time to hit the brakes before colliding with something else. And because your body isn't moving at normal speed, you can't brace yourself properly against impacts. You also lose precious seconds getting out of the way of other vehicles.
Distracted Driving: Distracted driving is a major contributor to traffic accidents in the United States. There are three types: Manual distractions that cause drivers to take their hands off the steering wheel; Visual distractions that draw drivers' eyes away from the road; and Cognitive distractions that pull drivers' minds away from the task of safe operation.
Failure to give others the right-of-ways: Drivers must always give the right-of-ways to pedestrians, bicyclists, emergency vehicles, and other road users. When approaching intersections, drivers should slow down and watch for traffic signals, stop signs, and crosswalk markings. If you see someone walking across the street, you should wait until the walker is completely clear before turning left or right. You also need to keep your speed under the posted limit.
Tailgating: Follow too closely behind another car increases the risk of an injury or crash. If you follow too closely, the driver may not be able to see you or react quickly if you change lanes unexpectedly.How Much Does a Car Accident Cost?
Car crashes are often very costly. Not only can they cause physical harm, but also emotional distress. Car crashes can be extremely dangerous and life threatening. When an accident occurs, there are many factors that come into play. These factors include the type of crash, the location of the crash, the number of vehicles involved, the speed at which the vehicles were traveling, and the driver’s age and driving history.
Medical expenses, including ambulance transport and emergency treatment at the scene, diagnostic testing, physician and surgical services, hospitalization and prescription medications, physical therapy, rehabilitation and prosthetic limbs, a wheel chair or other medical assistive device.
Loss of income due to injury. Lost earnings due to death. The cost of medical treatment. The loss of future earnings due to a permanent disability. Pain and suffering. Mental anguish. Emotional distress. The cost of lost time away from work.
For help with any legal issue you may face after a car accident, contact an attorney in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, Stafford, Texas at Thornton Esquire Law Group, PLLC, and Contact us today for a free consultation.