A legal theory known as negligence serves as the foundation for many car accident lawsuits. There’s a good chance you may have heard the term thrown around if you were ever sued or are suing another party for a car accident. When a person is deemed to have been negligent, it means they acted in a thoughtless or careless manner that caused injury to another. For example, if a person does something they should not have done, such as running a red light, speeding, or stopping for a pedestrian, they can be liable for damages in a car accident case.
Bringing Forth a Car Accident Lawsuit
When a client brings forth a lawsuit, they are known as the plaintiff. The plaintiff must show that the individual or party they’re suing was negligent, and thus could have prevented the collision. If you are the plaintiff, you must prove the following:
- You were reasonably careful. Auto accident cases require drivers to be careful when encountering anyone on the road, whether it is passengers, other vehicles, and pedestrians. This is also known as the duty of reasonable care.
- The defendant was not careful. When the defendant is not careful, they have violated the duty of care. The law asks: How would a reasonable, careful person have behaved in the same or similar situation?
- The defendant’s negligence caused injuries. If an individual is suing another claiming they suffered an injury when they were rear-ended, the must provide evidence that the injury was caused by being rear-ended and not some other accident or event.
- The plaintiff suffered some sort of loss and/or was injured. When a car accident victim is injured, they are entitled to financial compensation that helps pay for medical expenses, pain and suffering, lost wages, and more. If there are no monetary losses or anything that can prove the injury is related to the car accident, then they will not be able to recover anything.
State Law and Driver Duties
States have motor vehicle laws that govern how drivers are expected to behave while driving on the road. In some instances, violating a motor vehicle law may deem you negligent. This means the defendant now must prove that he or she was not negligent. Examples of negligence may include driving while under the influence, driving on the wrong side, or violating right-of-way rules.
You May Need a Car Accident Lawyer
Trying to deal with an auto accident case yourself can prove challenging. When injured due to the negligence of another person, trying to negotiate with the car insurance company can be extremely frustrating. Our Philadelphia car accident lawyers have the experience necessary to compensate you for your injuries. We offer free consultations and operate on a contingency fee. This means if we do not successfully recover damages, we don’t get paid.
Call 215-332-0300 or contact us to schedule a free consultation with Gary Heslin and The Heslin Law Firm.