Car accidents that occur due to negligence can be confusing, as there is a major question: “who is at fault?”. This can lead to major issues in acquiring compensation from the victim involved in the car accident case.
In this article, we will first understand the definition of negligence in terms of car accidents and what a car accident due to negligence can mean.
What Is Negligence According To Law?
As per legal definitions, negligence is defined as reckless conduct that ends up hurting someone. This means when you know that your behavior can cause harm or injury to someone, it can be termed negligence.
This is because you are aware of the act’s consequences, but you still choose to behave that way. Some of the circumstances that lead to negligence in car accidents are as follows:
- You are doing something that you very well know that you should not, like ignoring the red light or speeding on the road.
- If you have failed to do something that you were required to do is also considered negligence in terms of car accidents. These can include not stopping for a pedestrian or not turning the headlights while driving at night.
Another way you can understand the concept of car accidents due to negligence is if the driver is not using reasonable care while driving the vehicle. In spite of knowing their driving can injure or harm pedestrians, passengers, and other motorists.
So, if a driver is not careful while driving their vehicle, then they will be liable for payment of compensation for the person who has been harmed due to their negligence.
Examples Of The Negligence Of A Driver
The driver can be considered negligent by the following stated circumstances, but these are not the only ones applicable.
- If the driver enters an intersection even when the signal has turned red.
- The driver failed to switch on the turn signal while approaching an intersection and then taking a left or right turn rather than going straight.
- When the driver follows another vehicle way too close in the stop-and-go traffic and is unable to avoid a rear-end collision.
- If the driver eats, talks on the phone, or participates in other kinds of distraction while driving.
Accident Vs. Negligence: Difference
We are all aware of accidents that tend to occur due to vehicles. Car accidents occur in various places like intersections, stoplights, and parking lots. It is only an accident when the driver that is driving the vehicle has not intended to cause the crash.
So, the main criterion that allows a car accident due to negligence is the “intent” of the driver of the vehicle. Because if the driver has acted in a way that was not thought out, then it will be a car accident.
On the other hand, when the driver has caused a crash even after knowing that their actions will have negative consequences, then it will be deemed as a car accident due to negligence in the eyes of the law.
So, if a driver has indulged in a reckless act that he or she knew beforehand would lead to harming others, then such an accident will be an act that has occurred due to negligence.
Legal Duties Of A Driver
The law of the United States has been noted to include various provisions that are considered the legal duties of a driver for avoiding car accidents.
Some of the legal duties of a driver are as follows:
- Driving at a reasonable speed is one of the vital duties of a driver. A driver is expected to drive in a way that is applicable to the weather and road conditions. It is also illegal to drive at the speed limit when visibility is low, or the weather tends to be bad.
- Drivers are expected to have proper vigilance over the road. This means the driver should always be alert while driving to look out for any danger on the road. Moreover, the driver should also be aware of the things that exist on the road, like pedestrians walking or the traffic signals or road signs.
- Drivers also have the legal duty of controlling their cars because having control over the car can lead to the occurrence of negligence. As drivers should always be aware of the well-being of their vehicle before driving it on the roads.
- Drivers also have the legal duty of maintaining the parts of their vehicles. This means drivers should timely check their vehicles to determine if all parts are working in good condition.
Duties Of A Driver Imposed By States
Every state in the United States has motor vehicle laws that govern the way drivers operate their vehicles.
A few of the conduct of drivers that can be considered negligence in the eyes of state laws are mentioned below:
- The driver is driving under the influence of drugs or alcohol.
- Violation of right-of-way rules that includes the way of the pedestrian.
- Driving on the wrong side of the road.
Damages Related To Car Accidents Caused By Car Accidents Due To Negligence
There are two kinds of damages that are associated with car accidents due to negligence. Economic damage is one which is easily quantifiable in nature. This kind of damage includes medical bills, damage to property, and loss of wages.
On the other hand, non-economic damage is the other kind of damage that occurs due to car accidents due to negligence. This damage is non-quantifiable in nature. This means they are associated with psychological or physical. Due to this, they cannot be quantified.
So, we can say that when faced with a car accident due to negligence then, it is typically observed to face both economic and non-economic damages.
Final Thoughts
Car accidents due to negligence are one of the most common forms of car accidents that tend to occur in the United States. We at thelegalguides.com will advise that you hire a good car accident attorney for the purpose of having effective guidance if you or your loved one has been involved in a car accident due to negligence.
I hope you find this article helpful and informative and come to your assistance.
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Jyoti Jha is a freelance SEO content writer for tech , health, and education-related content. With 5 years of experience in the industry, I am creating high-quality content that captivates readers and delivers value.
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