Determining Negligence in Car Accident Cases
Not every car accident is caused by a malfunctioning auto part, like faulty brakes or a failing transmission; it is often from the carelessness or recklessness of another driver. Understanding negligence in a devastating car accident can help injured individuals determine the best approach for holding responsible parties liable for their injuries.
Duty of Reasonable Care
All drivers have a duty to operate their vehicles in a safe manner to avoid causing harm to other drivers, passengers, cyclists, and pedestrians. If a driver acted without reasonable care and caused an accident that resulted in injuries, then negligence has ensued. Drivers operating their vehicles in a careless or reckless manner can be found responsible for breaching the duty of reasonable care.
Drivers who engage in distracted driving, including texting or talking on a cell phone, may also be held responsible for negligence when this behavior causes a collision. Other common circumstances of negligence include:
- Running a red light
- Failing to yield
- Failing to stop for pedestrian traffic
- Failing to turn on lights while driving
- Tailgating another vehicle
- Driving on the wrong side of the road
- Driving under the influence of alcohol or drugs
- Failing to safely maintain a vehicle, including checking for properly working lights and brakes
Compensation for Car Accident Injuries
Car accident injuries can require years of expensive medical treatment. The costs of doctor visits, hospital stays, prescription drugs, and occupational or physical therapy can become overwhelming. To obtain compensation for medical expenses, lost wages, and damages for pain and suffering, an injured individual must prove the negligence of the other driver caused the accident that resulted in injuries.
Requirements for Negligence Cases
The law requires specific standards of proof to be met in negligence cases. Attempting to bring a legal case against another driver for negligence without legal assistance can be a difficult task. If one fails to properly prove their claim, or does not file in a timely manner, they may forfeit their right to compensation. An injured individual should take the necessary steps to preserve their claim against a negligent driver. At the scene of the accident, victims should record the names of all witnesses, including responding police officers and medical personnel; gather evidence by taking photographs of the accident, including the road conditions; and capture the damage of any vehicles. It is also very important to obtain copies of any police or medical reports.
Cherry Hill Car Accident Lawyers at Williams Cedar Protect Victims Injured in All Types of Car Accidents
If you or someone you know suffered injuries in a car accident that was caused by negligence, you may be entitled to compensation for your injuries. Our Cherry Hill car accident lawyers at Williams Cedar defend car accident victims and their families from negligent parties. Contact us online or call us at 856-470-9777 to schedule a free initial consultation. Located in Philadelphia and Haddonfield, New Jersey, we represent injured individuals and their families throughout Pennsylvania, South Jersey, and nationwide.