If you’ve been in an accident and are wondering whether you have a personal injury case, the main legal theory you’ll need to understand is negligence.
Below, you’ll learn what negligence is and how to prove it so you can recover the damages you deserve.
Negligence Defined
A party is considered negligent if they have caused injury to another person by behaving thoughtlessly or carelessly. Negligence can mean this person did something they shouldn’t have, such as running a stop sign, or that they did not do something they should have done, such as using headlights at night.
Negligence is a theory that is commonly used in car accident cases, where drivers must exhibit care to avoid injuring passengers or others on the road. A driver that is not careful and causes an injury will most likely be considered liable for the accident.
How Negligence Claims Work
The plaintiff, or the party that brings the lawsuit, has to prove that the defendant, or the party being sued, acted negligently. The plaintiff must be able to prove the following:
1. The defendant was required by law to be careful, such as when encountering pedestrians and other drivers on the road. This is known as the “duty of reasonable care.”
2. The defendant did not act carefully. This is known as violating the duty of care. To decide whether a driver was careful enough, their conduct will be compared to what kind of conduct would be expected of a reasonable person. If a defendant didn’t behave in accordance with how a reasonable person would have behaved (such as being on the lookout for pedestrians), they will have violated the duty of reasonable care.
3. The defendant’s actions were the cause of the plaintiff’s injuries. If an injury existed prior to the accident, it will be difficult to prove that the accident caused the injury.
4. The plaintiff was injured or experienced losses such as wage loss, loss of earning capacity, pain and suffering, or property damage. Without monetary loss or an injury whose cause can be proven, the plaintiff will not be eligible to collect damages.
5. The plaintiff must have evidence that they are injured as well as proof of medical expenses and records of property damage. Anything the plaintiff expects to be compensated for must be supported by evidence.
It’s also important to remember that if the plaintiff did something to partially cause their injury, such as running into the road in front of oncoming traffic, the defendant’s liability–as well as the amount of compensation that can be received–can be reduced.
Drivers’ Duties
If a driver does not exhibit reasonable care to prevent harm to others on the road, they will have breached the duty of reasonable care. To show that they have acted carefully, drivers must:
• Drive at a reasonable speed. In poor conditions, even driving the speed limit can be considered negligent.
• Remain alert and be on the lookout for pedestrians, road hazards, and other vehicles.
• Stay in control of the vehicle, including being able to stop quickly.
• Properly maintain lights, brakes, and other car equipment.
Differing Drivers’ Duties
Motor vehicle laws differ by province. In some provinces and in certain circumstances, the defendant must provide evidence showing that they were not negligent, as opposed to the plaintiff proving that they were.
In these cases, you may be presumed negligent if you drove under the influence of alcohol or drugs, did not observe right-of-way rules, or drove on the wrong side of the road. You will then have to provide evidence proving that you were not negligent.
Finding Legal Help
Although small accident cases can sometimes be handled on your own, most of the time hiring a lawyer is a good idea. In particular, if you have suffered permanent disability, require substantial compensation, or have a case that is otherwise complicated, hiring a personal injury lawyer is crucial. Make sure to contact a lawyer as soon as possible after your accident to ensure that you meet all deadlines for your case.
If you’ve been involved in an accident, consult with a car accident lawyer to understand your rights.
Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader's specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.