Car accidents often involve more than one party.
And in such cases, it is really important to determine who is at fault.
Why – because the person who is at fault (the negligent party) is liable to cover the damages in the crash.
This means that if you ever get injured in a car accident, your claim settlement will directly depend on proving fault.
But the main problem here is that people often try to shift the blame on each other to save themselves.
Because of this reason, it is vital to get help from Philadelphia car accident attorneys. They can help evaluate your case and collect necessary evidence to prove negligence.
To know more about the topic, keep reading this article.
What is negligence in car accidents?
Negligence simply means being careless while driving and causing harm to others. In a car accident, someone can be negligent in two ways –
1. By doing something they shouldn’t like,
- Over speeding
- Drinking and driving
- Running a red light
2. By not doing something they should like,
- Not following the traffic rules
- Failing to stop for pedestrians
Think of it this way – a driver must be careful to avoid hurting others on the road. If they’re not careful and someone gets hurt, the driver and their car insurance can be responsible for paying for the injured person’s losses.
Type of negligence
Here are the four main types of negligence:
Comparative negligence
This happens when multiple parties share the blame for an accident. For example, if you are 40% at fault, you will only get the remaining 60% from the compensation.
Gross negligence
It is a more serious form of negligence where someone acts recklessly and disregards the safety of others. For example, if a police car speeding through red lights causes an accident.
Contributory negligence
In systems that follow this approach, if the plaintiff is even partially at fault, they can’t recover any damages.
Vicarious negligence
It holds another person or company responsible for someone else’s actions. For instance, a parent can be held responsible for their child’s actions.
Negligence elements for car accidents
To make a car accident case based on negligence, you need to prove four things:
Duty
Every driver on the road has a responsibility to operate their vehicle safely and follow traffic rules to prevent harm to others. This duty is automatically assumed when driving on public roads.
Breach
The second element involves proving that the defendant failed to meet this duty. Typically, this is shown by violating traffic laws like failing to yield or stopping for a red light, as outlined in transportation regulations.
However, even if no specific law is broken, a breach can still occur if the defendant fails to drive safely and avoid foreseeable accidents.
Injury
For a negligence claim to be valid, the plaintiff must have suffered actual physical harm as a result of the defendant’s actions. Mere emotional distress isn’t sufficient unless it’s directly linked to physical injuries sustained in the accident.
Causation
Lastly, the plaintiff must demonstrate that their injuries were directly due to the accident and not by a pre-existing condition. This can be contentious, especially in cases involving back or neck injuries.
How negligence affects car accident settlements?
After a car accident, it is the insurance company that pays the settlement amount. However, to receive the compensation, it is important to prove negligence. The rules vary based on the State laws.
No-fault state
Certain States, like Minnesota and Michigan, follow a no-fault policy. This means your own insurance pays for your medical bills and vehicle damage, regardless of who caused the accident.
So, here, proving negligence doesn’t really affect your claim, as your own insurance covers everything.
Fault-based state
In other States, the insurance of the at-fault driver pays for damages. So, if another driver hits you, their auto insurance policy handles your losses.
In such States, it is important to prove negligence. If you fail to do so, you won’t get any compensation from the other driver’s insurance company.
Sometimes, the at-fault driver’s insurance may not cover all expenses, particularly in severe accidents. In such cases, seeking assistance from a car accident lawyer can be beneficial.
How car accident attorneys can help?
Nobody likes to accept that the car accident was their fault. This is the main reason why it is important to hire car accident lawyers. They can help you prove the fault of the other driver.
A car accident attorney will,
- Thoroughly evaluate your case
- Inform you about your rights
- Investigate the case
- Collect evidences
- Negotiate with the insurance companies
- File a lawsuit on your behalf
- Help you get fair compensation by proving negligence
