Understanding negligence in a car accident

On Behalf of | Jan 2, 2020 | Car Accidents

Drivers in Missouri or any other state who are involved in an accident with a negligent driver may be entitled to compensation for damages they incur. There are many ways in which an individual may have been negligent in causing an accident to happen. For example, if a driver was going too fast for road conditions, he or she may be at fault for causing a wreck.

Other potential examples of negligent behavior include following too closely, driving while distracted or driving a vehicle that wasn’t properly maintained. If a driver fails to obey a traffic control device, he or she may have acted in a negligent or reckless manner.

There are three things that a plaintiff must establish to prove that negligence occurred. First, it must be shown that a person had a duty of care to others. Next, it must be shown that an individual disregarded that duty of care in some way. Finally, there must be proof that an individual’s negligent action led to financial losses. Generally speaking, drivers are required to act in a careful manner while driving. Video or photographic evidence could be used to show that there was a lack of care offered to others on the road. Medical bills or other financial statements may confirm that a crash caused a victim to incur monetary losses.

Individuals who are involved in car accidents may benefit from speaking with an attorney. Doing so may make it possible to learn more about their rights and how to protect them. An attorney may be able to help a car crash victim whether that individual chooses to resolve a case out of court or take it to trial. The family members of someone killed in an accident may be able to file a wrongful death suit.