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Whose Fault Was the Car Accident?


When claiming compensation for personal injury from accidents, it is mandatory to prove that negligence or fault on the part of the other driver was the reason for it. Claims for auto accidents revolve around proving the fault of the other party that caused injuries to the victim or plaintiff.

Proving that the other party was negligent requires proper legal presentation that only personal injury lawyers are experts at.  Although in most cases, the insurance companies and their claim settlers settle claims there are still some faint chances of the case going to the court if the plaintiff does not accept the settlement offered by insurers.

What is negligence?

Negligence is what we call carelessness that shows people acting without applying any thought and in the process cause harm and injuries to others. Negligent means that the person engages in such acts that he or she should not have done and going a step further, it also means the failure of the person to do something most logically and reasonably.

If you are unable to stop your car on the road at the right time to save a pedestrian, it amounts to negligence just as it would be in case you forget to switch on the headlights at night.

The law considers that drivers would be careful at all times to ensure the safety of motorists, passengers, and pedestrians.  Any lapse on the part of drivers to ensure the safety of others on the road amounts to negligence provided there is evidence to prove it.

Factors that contribute to building cases due to negligence

The plaintiff must have enough evidence to prove that the defendant was negligent and made the plaintiff suffer injuries and other damages.

  • Careful on the road – The law stipulates that drivers must be careful on the road when they come across any other person who is driving or a pedestrian or a passenger in another vehicle. This is what in legal parlance known as the duty of reasonable care, and every driver is solely responsible for discharging their duties accordingly.
  • Violating the duty of care – To determine if there has been any violation of the duty of care, lawyers compare the driver’s conduct with that of a reasonable person. The comparison helps to identify the areas where the behavior of the defendant is less satisfactory than that of a reasonable person under similar circumstances.
  • Linking injuries to driver’s conduct – It needs a comprehensive explanation to establish that the injuries were the result of the driver’s conduct.

In any case, legal assistance from experienced lawyers is always necessary to drive the case towards a satisfactory conclusion.