A car accident can take victims by surprise and impact their lives for a long period of time. Car accident victims should understand when negligence is to blame in their car accident and what personal injury legal protections may be available to them through a personal injury claim.
What is negligence?
Negligence is a legal theory based on the idea that people owe a duty of care to avoid the risk of causing a foreseeable accident that might hurt others. For instance, drivers owe other people on the road the duty to avoid behaviors that might lead to a collision. When drivers engage in these risky behaviors behind the wheel, they act negligently. If their negligence causes an accident that hurts another person on the road, the negligent driver may be held liable for the injured person’s damages.
Some common forms of driver negligence include:
- Driver inattention and negligence: Driver inattention and distraction is an increasingly common cause of car accidents. Distracted driving involves cognitive, manual and visual distractions, such as texting while driving.
- Fatigue and drowsiness: Unfortunately, many Americans get behind the wheel after they have had less than enough sleep. Driver fatigue and drowsiness can result in drivers not being able to respond to the roadway as quickly as necessary.
- Drug and alcohol impairment: Drug and alcohol impairment results in many car accidents each year. Drivers should never make the decision to drive while under the influence which is almost always considered negligence.
- Speeding: Speeding and other reckless driving behaviors can result in car accidents. Many drivers admit to speeding while driving and failing to slow down can be considered negligence.
Driving while distracted, drowsy, impaired or speeding may all be considered negligence that results in liability for the negligent driver. When a negligent driver causes a car accident, personal injury legal resources may be available to victims to help with their physical, financial and emotional damages. For all the ways that car accident victims may be harmed, legal remedies may be able to help during their recovery process and beyond.