Wednesday, June 2, 2010

The Definition of Negligence in Vehicle Accidents

The Definition of Negligence in Vehicle Accidents

Thursday, June 3, 2010 by Emery B. Ledger
If you have been in a car accident and you have done any research on attorneys or car accident claims at all, you have probably come across the term negligence. But what exactly does negligence mean when it comes to car accidents, and how can you tell if a driver was negligent in causing your accident? If you know that someone was negligent and collided with you, then you will have what you need to decide to contact an attorney. A personal injury attorney can help you collect damage from the insurance, or the negligent driver.

Negligence is defined as the acting in a way that no rational person would act or failing to act in the way that any other person would. For instance, someone who drives under the influence of alcohol or drugs is certainly negligent. They are aware of the effect of alcohol or drugs on their behavior and yet they still choose to get behind the wheel of a car, intentionally putting hundreds or thousands of people at risk from their impaired driving. A drunk driving attorney can often prove negligence if the person was under the influence behind the wheel.

Another type of negligence that at attorney can help you with is failing to follow traffic laws while on the roadways. Failing to follow traffic laws that are put in place to keep drivers and passengers of vehicles safe is negligent, since the driver is aware that it is unsafe to break traffic laws. Your attorney may look at police reports and talk to witnesses to determine if the other driver was breaking traffic laws when the accident occurred. If traffic laws were clearly violated, your attorney may be able to prove that they were negligent and collect compensation for you.

A very common example of negligent driving is when a driver is allowing themselves to become distracted. This can come in the form of a driver talking or texting on a cellphone, or dealing with kids in the backseat of the car. There are some drivers who actually do their makeup and hair on the way to work and concentrate very little on the road. A car wreck attorney can help you to determine if the other driver was distracted.

Whatever type of negligent behavior that the other driver was exhibiting to cause your accident, an attorney is the first person that you should call after making sure that your medical issues are dealt with. You will probably have many expenses as a result of the car accident, which can include medical bills, physical therapy, medication, vehicle repairs and towing and storage, and an attorney can help you to make sure you receive compensation for all the costs incurred. Make sure that you contact an attorney early, as there may be a window you have to file in.

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