Is an Auto Accident Considered Negligence?
You’re driving through a parking lot. You’re obeying all the stop signs and slowing down for the speed bumps. It’s a big parking lot, so it’s taking a while to get through it. Then, almost out of nowhere, another vehicle shows up, driving up out of your left-side blind spot and attempting to pass you. You’re completely shocked and startled by the car’s sudden appearance. And it’s close. Too close. And suddenly the vehicle hits yours with enough force to send you crashing into a nearby light post.
This situation was clearly a result of driving negligence on the other driver’s part. And that negligence can help assign fault to a situation such as this in a legal context.
What does “negligence” mean? And how do we determine it? We’ll address these questions down below.
What is Driving Negligence?
You’ve likely heard the term “negligent” before. In the context of an auto accident lawsuit, negligence is a legal theory that must be proven in certain areas for an injured party to recoup their losses from an accident.
If a person has demonstrated auto negligence, then they will meet the requirements that prove they were driving in a way that indicates they took no thought or care for their actions. The requirements that must be met include:
Damages: Can the damages—both physical and emotional—be quantified?
Cause of the Accident: Did the defendant actually cause the injuries the plaintiff endured?
Duty: Can it be shown that the defendant breached their responsibility to obey traffic laws and drive safely?
Care: Is a duty of care owed? In the case of automobile negligence, driving laws mitigate that drivers owe one another the duty to drive according to the law, meaning to obey traffic rules and signs.
Automobile Negligence with David L. Milligan
There are right ways and wrong ways to handle car accidents, just like there are great and not-so-great lawyers out there. If you’re looking to learn more about what to do when you’re in an accident or if you think your situation could be driving negligence or lead to an auto accident lawsuit, contact David L. Milligan today.