There is a layperson’s definition of the word negligence. And then, there is the definition of this action as it relates to what holds up in court. Personal injury lawyers frequently investigate if the incident fits into the category of committed negligence or not. Car accident lawyers will not proceed with a case in California if they do not think that it will reach the legal definition of negligence at the very least. Aggravated forms of negligence will definitely be less difficult to prove in court include recklessness. This includes actions like felony drunk driving.
What Is Negligence?
In a strict sense, this means that the offending party did not act with the necessary care to perform the action at a necessary time. As a result, someone suffered an injury. Negligence can be present in dog bite attacks, premises liability cases, drunk driver accidents, pedestrian accidents, car accidents, construction accidents, burn injuries and more. In a car accident scenario, this can mean that they were doing something. This can include talking or texting on their cell phone while driving. Also, they might’vefailed to act as a reasonable person would under the circumstances.
An automatic or inferred assumption of negligence, called negligence per se, is arrived at when a California Vehicle Code Section is violated. This is why police reports also become a critical factor in a negligence or recklessness determination. For instance, if the officer cited the other party for driving at an unsafe speed which is California Vehicle Code section 22350, then an inference of negligence already exists. In more serious accidents, a person might go to the hospital for serious injuries. In these instances, negligence is somewhat easier to prove when one looks at the property damages and bodily injury that resulted. This is more apparent when more than one person sustains injuries.
Since many different scenarios can occur and do occur, it is best to contact one our fine car accident litigators at Jacoby & Meyers to discuss your case.
How is Negligence Proven by Our Car Accident Attorneys at Jacoby & Meyers?
Our law firm is going to look at each individual case that comes before. We always try to determine if one we can help you make a successful claim. Proving this means showing a number of elements to the court.
One has to show that the other driver had a duty of care that they must’ve upheld. They must also prove that the offending individual breached that legal duty. This means they acted against their duty or failed to take certain actions. Finally, you must prove that their negligence caused the accident, causing injuries. These are all high bars to get over. However, that’s why you must have a talented attorney who has succeeded with similar cases. Click here to learn about the track record of our attorneys at Jacoby & Meyers on a wide array of legal cases, including motorcycle accidents, premises liability cases, automobile accidents, and more.