Every day, there are thousands of car accidents, most of which are attributable to some kind of human error, if not several. If you were the victim of a car accident caused by someone else’s negligence, you’ll likely be entitled to compensation for any damages you sustained as a result of the accident.
But how exactly does this work? What makes a car accident attributable to negligence? And how is negligence considered as a matter of law?
The Importance of Determining Fault in a Car Accident
It’s vital to determine fault and responsibility in a car accident. This way, parties who acted negligently or recklessly can be held accountable for their actions, and parties who are merely innocent victims of others’ decisions can be compensated for the harm they suffered. This also serves as a deterrent, incentivizing drivers to pay close attention to the road and conduct themselves responsibly.
Unfortunately, determining fault and negligence in a car accident is more difficult than your intuition might lead you to believe. That’s one reason why it’s so important to work with a lawyer who specializes in car accidents. With the help of a car accident lawyer, you can delve into the details of your car accident case, explore potential legal arguments, weigh all the evidence, and ultimately come to a conclusion about who is responsible for the accident and how much they owe their victims.
The sooner you talk to a personal injury attorney after a car accident, the better.
The Basic Elements of Negligence
In tort law, negligence is characterized by a breach of duty of care, resulting in harm to another party. If you want to prove negligence in a car accident case, you’re going to need to prove four distinctive elements. You’ll need to show that there was a duty of care with respect to other people and their property, you’ll need to show that there was a breach of that duty, you’ll need to show that harm resulted from that of duty, and you’ll need to prove the causational link between the breach and the harm.
As you might imagine, this can be challenging, especially when parties have conflicting versions of events and when the evidence doesn’t succinctly prove the sequence of events that happened.
Contributory Negligence and Comparative Fault
In some states, car accidents can be attributed to multiple parties. For example, if you and another driver both run a red light and smash into each other, you’ll likely be found equally negligent and equally responsible for the accident, depending on your jurisdiction. It is possible for multiple parties to be negligent in causing a car accident, and such cases are often difficult to disentangle.
Primary Factors Considered
When determining negligence in a car accident, these are some of the main factors that lawyers and courts consider:
- Obedience to the law. One of the biggest factors that courts consider is adherence to the law. If you’re guilty of violating any laws, ordinances, statutes, or even posted warnings, you’re much more likely to be found negligent. This is one reason why it’s so important to obey the law, even when the risk of an accident is minimal.
- Sobriety. It is well-established that intoxication greatly increases the risk of car accidents. A person who is found drunk or otherwise intoxicated is likely going to be found at least partially responsible for any accident in which they’re involved.
- Awareness and focus. We also expect drivers on the road to be aware of their environments and focused on driving safely. If you’re especially tired, distracted, or otherwise in a state where you can’t focus on the road, you’re much more likely to be found negligent.
- Reactions and avoidance. Courts may also find negligence attributable to parties who react in unreasonable ways. For example, if you egregiously swerve to avoid something innocuous, like a paper bag in the middle of the road, you may be found negligent based on your reactive actions.
- Responsiveness to conditions. We expect people to be responsive to inclement and hazardous conditions. As a simple example, we expect people to slow down and increase their following distance during bad weather conditions. Failure to do this can make it more likely that you’re found negligently responsible for an accident.
- Due diligence. We also imbue parties with a responsibility of due diligence, at least to an extent. For example, we expect drivers to regularly maintain their vehicles so they can remain in safe operating condition.
If you were the victim of a car accident that is attributable to someone else’s negligence, you owe it to yourself to contact a personal injury attorney right away. Your attorney can review the details of the accident, determine whether you have a viable case, and help you move forward with legal action if appropriate.
