Negligence in Car Accident Cases

Have you been hurt in a car accident that was not your fault? If so, contact a car accident lawyer in Glen Burnie and Severn right away. Only car accident lawyers are familiar with state negligence law and understand how the system works. Personal injury law mandates that all drivers on the road exercise a certain standard of care. When drivers are negligent—and that negligence results in personal injury—they are liable for any damages that result. Keep reading to learn more about the elements of negligence in car accident cases, including a breached duty of care, direct causation, and demonstrable damages. car - accident - cases

Breached Duty

As your car accident lawyer will explain, the first element of negligence involves a duty of care and the breach of that duty. In short, if you are hurt, car accident lawyers need to prove that another driver was obligated to be reasonably careful and failed to act carefully. All drivers are legally required to drive carefully, so that element is easily satisfied. A breach of the duty occurs when a driver unreasonably fails to stop at a red light, watch for crossing pedestrians, or follow at a safe distance.

Direct Causation

Car accident attorneys also need to show the court that the other driver’s failure to drive carefully directly caused your injury. Even if another driver does not stop at a stop sign, rear ends your vehicle, and you suffer an injury, the driver is only liable if his failure to stop directly caused your injury. For example, if you suffer a back injury but have had longtime back problems, your car accident lawyer will need to show that your recent injury is directly attributable to the other driver.

Demonstrable Damages

The final step in proving negligence is showing damages. Damages are injuries for which you may be compensated. Common examples of car accident damages include lost wages, diminished employment opportunities, medical bills, and pain and suffering. If you suffer a minor injury that requires no medical care or time off work, you will not have a car accident claim.