Every ten seconds someone in the United States is involved in a car accident. Today, cars are made to crumble upon impact. Cars are designed this way so that the driver and passengers are better protected from personal injury. While cars have come a long way in safety, unfortunately, many car accidents still result in death and serious injury. In fact, automobile accidents give rise to the majority of personal injury claims in the United States.
The law of negligence typically governs the legal claims arising from automobile accidents. Negligence consists of: duty, causation (legal and proximate), breach and damages. In the automobile context, automobile drivers owe a duty to exercise reasonable care in operating their vehicle. The failure to exercise reasonable care results in a breach and thus, raises an inference of negligence. The Plaintiff bears the burden of proof in a negligence action which means he must prove the Defendant breached his duty of care and that his breach was the proximate cause of the accident and the actual cause of the Plaintiff’s injuries.
Courts look at several factors to determine whether a driver was acting negligently in the operation of their vehicle. Failure to exercise reasonable care may be found where the driver: disobeyed traffic laws or signals, failed to signal while turning, drove above the posted speed limit, and drove under the influence of drugs or alcohol.
Negligence is not the only legal theory of recovery for your personal injuries resulting from an automobile accident but it is the typical avenue to pursue when trying to recover for your personal injury damages. Call Daniel Selwa today to discuss your case. Attorney Selwa offers free consultations to determine if the other driver’s negligence will allow you to recover monetary damages. Don’t let your medical bills and property damage bills overwhelm you, instead pursue your case with Daniel Selwa so that the at fault driver has to compensate you for your damages.