All drivers have the duty to exercise care on the road, including maintaining reasonable speeds and properly controlling their vehicles. The inability to do so is considered an act of negligence, which can have serious consequences especially if it results in injury to other motorists or pedestrians.
Negligence is the most prevalent reason for car accidents. A legal basis in all personal injury case, negligence is deemed to have occurred when an individual, like the driver, fails to act in a reasonably prudent way, which then caused injury or damage to another person.
All tort claims have three basic elements of liability. (1) It should be proven that the accountable has a legal duty to act in a way that would have prevented harm in another person. (2) Unfortunately, he or she failed to fulfill this duty. (3) This failure resulted in injuries and damages on the other person.
These elements apply in automobile mishaps, as well. Given that drivers are required to be reasonably careful on the road, the plaintiff or the victim’s attorney should prove that the defendant had deviated from this “duty of reasonable care.” Common breaches of proper conduct include tailgating, going through a red light, and not being mindful of pedestrians.
Besides proving the defendant’s negligence, the victims must also prove that the injuries they sustained are the direct outcome of the defendant’s actions, and there are evident losses and injuries to recover from.
Being the victim in auto mishaps is a terrifying situation. As you seek medical care for any physical injuries, you should also get legal guidance from personal injury lawyers in Northampton, MA, like those from The Law Offices of Terrence A. Low and Anthony J. Canata, in going after the financial compensation you deserve.
Steps to Take
It’s a common mistake to admit fault in crashes and to apologize for the accident. This could be highly detrimental to your claims efforts later on. Rather than taking the blame, obtain a police report or a detailed account of the incident with photos to help determine the liable party. Don’t settle for the first offer from the insurance company, especially while you’re still under treatment.
Prior to the conclusion of your case, avoid talking about the incident to people other than the authorities or your lawyer. Moreover, don’t sign any checks or release forms that will preclude you from receiving compensation for any additional claims, such as long term treatment for an injury.
To avoid making costly mistakes, consult seasoned lawyers right away. They will advise you on what to do or say to give you the best chances of receiving optimal damages.
First Steps Following a Personal Injury Auto Accident. Dmv.org
Car Accidents Caused by Negligence. Nolo.com