Fortunately, the legal system can help determine who is at fault and who needs to pay for medical and vehicle repair bills, which is why a person can sue for negligence in an accident. In fact, most car accident lawsuits are due to driver carelessness or negligence, because drivers don’t intentionally become involved in vehicle accidents.

Many people don’t realize that when operating a motor vehicle, they have a legally defined duty to operate their vehicle in a reasonably safe manner. When they fail to do so, this is considered vehicle negligence.

Negligence, as defined by law, occurs when someone fails to exercise the degree of care that the law requires for the protection of others that may be injured. In the case of an auto accident, negligence means that a driver failed to exercise ordinary care toward others and a driver did (or did not) do something that a reasonable person would (or would not) do under similar circumstances. In other words, negligence may stem from a driver’s actions or failure to act.

Below are some examples of common forms of negligence at issue in vehicle collision cases:

• Driving while under the influence of alcohol or drugs
• Ignoring stoplights and other traffic signals
• Violating traffic laws, such as driving faster than the speed limit
• Failing to properly maintain one’s vehicle
• Texting and other forms of distracted driving
• Driving while fatigued
• Driving aggressively or recklessly.

Other kinds of negligence that involve those other than the other vehicle’s driver include vehicle manufacturers, trucking companies, and government entities. Examples of these kinds of negligence include:

• When an automotive manufacturer designs a faulty part for a vehicle or fails to appropriately recall a potentially dangerous component
• When a trucking company violates regulations set out by the Federal Motor Carrier Safety Administration, such as not performing required background checks on the drivers they hire
• When a government entity designs dangerous roads, doesn’t time traffic signals safely, or fails to warn motorists of road hazards.

Building a Successful Plaintiff’s Case

Every driver has a duty to operate their vehicle in safe and non-hazardous manner. Failure to fulfill this duty of care constitutes a breach. For a negligence claim to be successful, you, as the plaintiff, must prove several things concerning duty and breach of duty, including:

• The defendant had a duty to show reasonable care for your safety and did not act reasonably. For example, they may have breached their duty by driving while fatigued or intoxicated.
• The defendant’s actions caused your injuries.
• The defendant should have known that their behavior would cause your injuries.
• You suffered actual injuries, for which you may claim damages.

Seeking the Help of an Attorney

If you or a family member has been injured in a car accident due to someone else’s negligence, and you decide to seek compensation through the courts, it can be difficult to prove all the elements of your case on your own. An experienced legal advocate can investigate on your behalf and gather evidence that will prove that the other driver should be held financially responsible. Attorneys experienced in working with auto accident cases will know how to identify negligent acts and are committed to safeguarding the rights of accident victims so that they can focus on their recovery.