What Does Negligence Mean in a Car Accident Case?

Numerous factors are used to determine who is liable for injuries or damages that result from a car accident. In most cases, the person who is held responsible for the damages is considered negligent. But, what is negligence and what elements make up a negligence claim in car accident cases?

Because each driver is expected to use care in order to avoid injury to pedestrians, passengers, or other drivers, a person is considered negligent if he or she has behaved in a careless or thoughtless manner, which has caused injury or harm to another person. In car accident cases, an individual can be considered negligent if he or she:

  • Ran a red light
  • Failed to yield
  • Failed to stop for a pedestrian
  • Failed to turn on headlights at night
  • Drove over the speed limit

Before another driver or their legal counsel can prove that a driver was negligent, he or she must prove the following four elements:

  1. Duty of Care: Each driver has a duty to behave in a reasonable manner towards other drivers.
  2. Breach of the Duty of Care: The plaintiff must prove that the other driver breached his or her duty of care by driving in a negligent manner.
  3. Breach Directly Caused Injury: The plaintiff must prove that the other driver’s negligent actions resulted in the plaintiff’s injuries.
  4. Injury Caused Financial Loss: The plaintiff must prove that because the other driver failed to carry out his or her duty of care, the plaintiff suffered financial losses.

If a car accident victim and/or his or her legal counsel can prove the four elements of a negligence lawsuit, he or she can pursue monetary financial compensation for any injuries, losses, and damages. However, because car accident cases can be highly complex, it is wise for accident victims to contact superior legal advocacy right away. An experienced lawyer can ensure the victim’s rights are protected from beginning to end.

At Joey Gilbert Law, our Reno car accident lawyers are ready to put aggressive and relentless legal advocacy on your side. If you have been injured in an accident, call us today. We are available 24/7!

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