An auto accident is scary enough. The unpredictability of someone’s behavior on the road or the weather can turn an unexpected episode into a terrifying situation.
What makes matters worse is when an accident is the result of another person’s negligence. From distracted driving to poor visibility, many car accidents are caused by simple mistakes that could have been prevented.
An auto negligence claim is filed to hold those negligent parties responsible. If you are not sure what a negligence claim is, read on!
What is Auto Accident Negligence?
Auto accident negligence is the failure to exercise the level of care and caution required by law in the operation of a motor vehicle, resulting in an accident that causes injury or property damage. Negligence is the most common cause of auto accidents. It can occur when a driver fails to obey traffic signals or to pay attention to the road.
Negligence can also include:
- being distracted
- driving under the influence
- driving in an unsafe manner
Another form of negligence is failing to maintain the vehicle in a safe condition, or operating a vehicle when it is not properly insured. Negligence in an auto accident can lead to criminal and/or civil liability, including paying for damages and legal expenses.
Understanding what constitutes negligence in auto accidents is important for both victims and drivers, as it can help determine who is responsible and liable if a crash occurs.
Elements of a Negligence Claim
A negligence claim for an auto accident requires evidence to identify the at-fault party. This evidence includes proof of the defendant’s duty of care and the breach of that duty. Both of which must be objectively measurable
It must also include the actual and proximate cause of the accident and evidence of damages. Duty of care is the responsibility to avoid carelessness, while a breach is any failure to follow accepted safety standards that result in injury and/or harm.
The cause must be proven to be the negligence of the defendant and not due to another cause. Damages must include medical reports, property damage receipts, and lost wages.
An auto accident negligence claim requires proof that all of the elements have been met and can be difficult to prove without a lawyer for truck accident, for example, to help you with the details involved. It should be noted that a lawyer is essential for any type of accident that involves:
- cars
- trucks
- motorcycles
- bicycles
To bring a case of auto accident negligence, the injured plaintiff must prove that the defendant was negligent. If a plaintiff can prove the necessary elements of a negligence claim, they may be able to collect damages.
Duty of Care in an Auto Accident
A car accident can be caused by a variety of factors, but negligence is often at the root. In an auto accident negligence claim, the duty of care is essential. It is necessary to determine who is at fault and due compensation.
Every driver has a duty of care to:
- drive safely
- obey traffic laws
- maintain their vehicle
When any of these duties are breached due to negligence, the affected occupants can pursue legal action. Drivers are required to drive with the same level of skill, foresight, and focus as would any other reasonable driver in the same circumstances.
Drivers who do not act as expected on the road may be deemed negligent. The duty of care associated with auto accident negligence claims is what drives personal injury litigation and awards damages to those who suffer as a result of somebody else’s negligence.
Breach of Duty in an Auto Accident
In auto accident negligence claims, breach of duty is used to determine whether the other party is responsible for any damages caused by the auto accident. A breach of duty occurs when one party is negligent in their duties, neglecting to act prudently or foreseeably.
This occurs when that party fails to take the necessary steps to assure safety in the driving of a car. When someone fails to act according to the standard of care expected, that person can be found liable for negligence in an auto accident. Breach of duty is used by the court system to assess damages, including but not limited to:
- medical costs
- property repair
- pain
- suffering
It is important to consult with a lawyer if you have been a victim of an auto accident to discuss any potential breaches of duty that may have occurred in your case.
Types of Damages Available in an Auto Accident Case
In an auto accident negligence claim, two main types of damages may be available for the injured party to recover. Economic damages are those out-of-pocket expenses or losses. It can be measured and quantified. These include:
- medical bills
- lost wages
- lost earning capacity
- car repair
- replacement costs
Non-economic damages are those that cannot be measured by a monetary amount. These are the damages for:
- pain and suffering
- emotional distress
- loss of consortium
In addition, punitive damages may also be available to punish the defendant and deter others from engaging in negligent behavior. The amount of damages available in an auto accident negligence claim will depend on the facts of the case and the applicable law.
It Helps to Understand What Negligence Claim Is
In summary, understanding what a negligence claim is is beneficial as it allows us to know what is entitled to us if we face such a situation. Negligence can lead to financial hardship and it’s important to know our legal rights if we face such a situation.
Thus, researching and understanding what a negligence claim is can help us to seek justice if needed. Seek help from a lawyer if you find yourself in a negligent situation.
For more reads aside from driver negligence and hiring an accident lawyer, visit our blog.
