In a car accident, everything relies on whom the liability rests with. In most situations, compensation claim involves the drivers, their lawyers and insurance companies. Interestingly all of them stick to the legal concept and aspect of negligence in presenting their respective cases.
How Can You Win Your Personal Injury Claim
You can deal with your personal injury claim without approaching a lawyer having specialization in the field. You can do so by:
- defining negligence in the event of an automobile accident
- explaining how to prove the driver’s liability
- discussing legal duties in the context of safe driving, and
- looking at possible defences that favour a negligence claim
How to Define Negligence?
Negligence refers to a careless conduct that causes harm to another motorist, passenger or pedestrian. In the context of a car accident, a person’s negligence can be manifested through some of his actions that he or she should not have performed, or through his inactions that he or she should not have done.
There is another way of explaining negligence. A driver must exercise reasonable care so that he or she does not end up harming other pedestrians, passengers or motorists. If a driver’s failure to take necessary care may result into harming other, the driver will be held financially liable for person’s injuries, medical bills, pain and suffering and other loses.
How to Prove a Driver’s Negligence?
Negligence plays the main role in determining who was at fault for the car accident, whether the case proceeds through the insurance claim process or to the court. As a plaintiff, you need to establish the following points to win the compensation claim:
- The defendant should have been reasonably careful
- The defendant failed to take necessary care
- The defendant’s action or inaction caused you injury
- You suffered quantifiable loss.
What Legal Duties is a Motorist Entitled to?
According to law, the driver is required to take reasonable care so that he or she does not end up injuring someone on the road. What does that it mean? Let us explain it in details.
Driving at a Prudent Speed
It’s a driver’s duty to maintain a reasonable speed while driving the car in light of the road condition, existing traffic, weather and visibility.
Taking Caution and Keeping a Proper Lookout
It is also a driver’s duty to stay alert and maintain a careful lookout for other cars, road hazards and pedestrians. Drivers should see the things like any ordinary, prudent and responsible person would see. Failing to do so can be considered negligence.
Keeping the Car under Control
It is a driver’s responsibility to keep his or her vehicle under control. Losing control of the car will constitute negligence.
Maintenance and Prudent Use of Car Equipment
It is a driver’s duty to maintain the vehicle and keep it in good working condition. Any failure to do so could mean he or she is a negligent operator.
Get Legal Help
In rare situations, it won’t be unwise to handle your car accident compensation claim yourself. But in most circumstances, it makes sense to rely on knowledge and experience a personal injury lawyer is endowed with. It will definitely enhance your chance of receivinga favourable outcome.