How Important is Negligence in a Car Accident Case?January 28, 2020
The theory of negligence plays a role in many car accident claims. While you may have heard the term in reference to a lawsuit, you may not fully understand how negligence can impact recovery in a motor vehicle crash. Negligence is defined as failing to exercise the care expected of a reasonably prudent person in like circumstances. In legal context, a person who acts with negligence can be found civilly or criminally responsible for their behavior, especially when it leads to another’s injuries.
When it comes to car accidents, examples of negligence include running a red light, speeding, driving drunk, or failing to adhere to traffic signs and signals. If other drivers, passengers, or pedestrians are harmed by these reckless acts, the negligent driver can be held liable for their injuries and financial losses associated with those injuries.
Essentials of a Negligence Claim
A successful claim requires the plaintiff to show or prove four basic elements:
- A duty of reasonable care existed: According to the law, the driver was expected to use reasonable caution when driving and interacting with other individuals on the roadway.
- The defendant breached this duty of care: The driver acted recklessly, violating their obligation to drive safely. This breach can be anything from failing to stop at a stop sign to passing a stopped school bus.
- This breach of care caused the plaintiff’s injuries: The driver’s reckless choice or behavior caused an accident, leaving the plaintiff with injuries.
- The plaintiff was injured and suffered losses as a result: If a car accident resulted in injuries, medical bills, lost income, and/or property damage for the plaintiff, they may be entitled to financial compensation for these losses.
Remember to keep all insurance records, police reports, medical bills, and other documents related to your crash; they may be the key to proving your car accident claim. Because the plaintiff can also bear some fault for a crash, it is important to discuss your case in detail with an accident lawyer to know where you stand.
Baltimore Accident Lawyers at LeViness, Tolzman & Hamilton Help Victims Injured by Negligent Drivers
If you were hurt in a car accident, you may have questions about how to prove the other driver was negligent and how you will be compensated for the pain you endured. Trust the experienced Baltimore accident lawyers at LeViness, Tolzman & Hamilton to carefully evaluate your case and recommend the next best steps. Call us at 800-547-4LAW (4529) or contact us online for a free consultation today.
Our offices are located in Baltimore, Columbia, Glen Burnie, and Prince George’s County, allowing us to represent car accident victims in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.