What is Car Accident Negligence?

With the growing number of cars on the streets and highways across the country, car accidents have become extremely common. Unfortunately, a significant number of car accidents lead to unnecessary deaths and serious physical injuries. In fact, car accidents are the leading cause of death for individuals in the age group of 2-34, according to the National Highway Traffic Safety Administration (NHTSA).

A significant number of car accident victims are the drivers, followed by passengers, then pedestrians and finally cyclists. The majority of car accidents could be avoided if one or both drivers did not demonstrate negligent behavior. Because negligence is often the leading cause of car accidents, negligence is the key component is determining who is at fault in a car accident lawsuit. If one of the drivers did not use reasonable care and/or caution while driving, he/she could be held liable for the other person's property damages and personal injuries. A motor vehicle accident lawsuit is the most common type of personal injury claim filed by attorneys today. This is because the victim is often entitled to receive a personal injury settlement in order to cover the expenses of their property damages and medical care. However, car accident compensation may be limited when the victim negligently contributes to the cause of the accident.

State and federal laws require drivers to be careful while on the road, which are often referred to as the “duty of reasonable care” laws. If the driver fails to practice reasonable care, he/she has breached or violated the law and is, therefore, responsible for causing the accident. To determine whether a driver was negligent, a car accident attorney will try to prove that the defendant did not act as a reasonable person would under similar circumstances.

If the driver's negligence has led to loss of life, the victim's family should hire a wrongful death attorney. In addition to a civil lawsuit, drivers whose negligence and/or criminal activity, such as driving under the influence (DUI), leads to unnecessary deaths often face additional criminal charges, including manslaughter. DUI defendants are often appointed a defense attorney by the state if they cannot afford one, as part of their Miranda Rights. However, a state appointed DUI lawyer cannot defend them during the civil lawsuit.

A number of other auto accident circumstances can lead to negligent behavior and thus a tragic car accident. To ensure success, victims should write down the events that occurred during the accident as best they can, and keep complete and detailed records of all injuries, medical bills, and property damage expenses. Individuals who believe that their car accident may have been caused by a design flaw should retain possession of the vehicle so that it can be used as evidence against the manufacturer. In any case, contacting a personal injury or a wrongful death lawyer should be the first step.