All this talk about a blizzard and mounds-and-mounds of snow has me thinking about safety and negligence. Help yourself out by driving carefully and shoveling up all the snow in the areas for which you are responsible.
A personal injury case is defined by two basic principles:
- A person is injured in a way that is someone else?s fault,
- And that person deserves to be compensated for that injury.
Personal injury cases arise in almost every circumstance, including car accidents. In most cases, negligence plays a role in personal injury cases resulting from car accidents.
Negligence is a common law theory of liability and is defined as the actions of a person that fall below the standard of care that a reasonably prudent person in the same or similar situation would have demonstrated. In other words, negligence is the legal definition of carelessness.
Traditionally, proving negligence is an involved process in the courtroom. There are several elements that must be proved before a claim based on negligence can be won. These elements are:
- The opposing party owed a duty of care to the victim
- That party breached their duty
- The breach was the cause (actual and proximate) of the injury at issue
- Damages were suffered as a result of the injury
- There are no defenses to negligence available to the opposing party
However, there are many scenarios today in which not all of the elements of negligence need to be proven. In fact, many traffic and highway safety laws are actually embodiments of bans on negligent behavior. For example, DUI laws prohibit you from operating a motor vehicle while beyond a set threshold of inebriation. This is law because it has been deemed negligent and reckless to operate a vehicle in this condition. Therefore, if you are involved in an accident where the other driver was drunk, it can be concluded that he was acting negligently simply by virtue of the fact that he was in violation of the law meant to stop that negligent conduct.
If you?ve been in a car accident and suffered an injury, contact a personal injury attorney as soon as possible. Personal injury and auto accident attorneys have an acquired eye for evaluating cases and can discuss the best options available to you. If you live in Massachusetts and would like to speak with an attorney regarding your personal injury case, call the Law Office of Sherrill P. Cline at (800) 422-2210. Let us help you on the road to recovery.
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Source: http://www.marlboroughlaw.com/1111/what-role-does-negligence-play-in-personal-injuries
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