"Negligence" is commonly defined as carelessness or an act of neglect - but in legal terms, it is also specific to perpetrated wrong-doing.
In the context of an automobile accident dispute, negligence defines the wrongful actions of one individual that cause harm to another individual or piece of property.
When someone fails to take the necessary steps to reasonably protect others from injury, he or she is guilty of negligence.
If that guilt can be proven, the party in question will generally be responsible for covering any financial damages incurred.
There are four general considerations that must be taken into account when seeking to prove negligence in the case of an injury car accident: · Duty of Care - Everyone has a basic, civic responsibility to drive safely and obey laws in order to protect the people (including drivers, pedestrians, motorcyclists and bicyclists) surrounding them on the road.
Each driver is required to uphold this responsibility in order to prevent car accidents.
· Breach of Care - When a driver fails to uphold duty of care, he or she violates- or breaches - a critical responsibility to those with whom they share the road.
Breach of care can occur in any instance where safety laws are disregarded, such as speeding or making an illegal turn.
· Causation - In order for someone to be legally at fault in a car accident, it must be proven that the injuries or damages incurred are in fact a result of that accident.
For example, it is necessary to prove that the wrist pain you experience after an accident is in fact the result of the accident and not caused by any other activity, such as heavy lifting or playing tennis.
· Damages - Accident damages are payments made to compensate for any harm sustained by your person or damage done to your car.
An auto insurance company may pay you damages once the above criteria are considered and negligence is proven.
Damages might include treatment and physical therapy payments to heal accident injuries, as well as payment for lost time at work due to those injuries.
Understanding the legal definition of negligence is important when seeking financial reparation for an injury accident.
There are many elements to a legal case that should be reviewed by an experienced personal injury attorney in order to properly file a claim and avoid claim rejection.
To learn more about the process of filing a lawsuit and collecting damages, contact a qualified personal injury attorney.