Negligence in a Car Accident Lawsuit: 4 Things to know

  • 1 month ago

Those of us lucky enough to own our own vehicles are legally obliged to ensure that they are safe, as well as fully insured, before we let them loose on Colorado Springs roads. However, no amount of preparation can prevent accidents happening at least some of the time. Negligence is a common claim when dealing with car accidents simply because it covers a broad array of meanings.

With that in mind, here are some of the things you really ought to know about car accident lawsuits. Forewarned is forearmed… even if accidents happen.

4 Things To Know about Negligence in Car Accident Lawsuits

So without further ado, let’s dig in to the four most important things to remember about negligence and car accident lawsuits in Colorado Springs – or anywhere else, for that matter.

1 – Negligence Directly Relates to Fault

Obviously, if someone files a negligence claim against you, or accuses you of it after an accident, it will relate to establishing fault. If you are found to be at fault, then you could end up fitting the bill for damages, bodily injury, and worse. Make sure you have a good Colorado Springs Car Accident Lawyer on your side for the onslaught that will surely follow. Better yet, get a lawyer before anyone files anything, just to be prepared.

2 – Negligence = Carelessness

Negligence covers lots of meanings. It could mean you ran a red light, or you failed to give way to someone. It could be that you slammed on the brakes to make sure the person behind was paying attention – or a vast variety of other actions. If it felt passive-aggressive at the time, you were probably being negligent. 

3 – The Four Point System

The USA courts tend to recognise negligence over four different points, or areas, of the law. These four are a duty of care, first and foremost. so things like failing to rescue someone you might have rescued in a car accident is negligent. Breach of Duty is the second, made worse if malice is involved. In this instance a person is duty-bound to help and does not. The third is Causation, the actual cause and the proximate cause are weighed. The fourth is injury. If someone was injured, your punishment will be more severe. 

These are narrowed down as follows:

The duty of the at-fault party to care for, rescue, and ensure the safety of, fellow human beings.

Whether or not the law has been breached in the failure of this duty.

Whether or not the cause would have been different had you acted differently.

And damage done.

It is on these criteria that a negligence claim will be pursued. 

4 – Actual Cause and Lawsuit Validity

In order to establish that you are guilty of negligence, the plaintiff will have to provide evidence that your negligence was the actual cause of the accident. This means that if your actions had been different the accident would have been avoided. This area of Causation helps those who are driving irrationally or irresponsibly get caught out.

There’s More to Negligence than Meets the Eye

The conclusion can only be that there is more to negligence in car accident law than most of us expect or know about. Forewarned is forearmed, remember. Reach out for a lawyer first thing to save yourself at least some of the pain of the car accident.