What Is The Definition Of Negligent Driving?
“The first thing an injured person should do if they feel the other driver is responsible for their injuries is to talk with a qualified and experienced personal injury attorney,” stated Jennifer LeMaster, a well-known personal injury lawyer with LeMaster & Ahmed, PLLC located in the Houston suburb of The Woodlands, Texas. “The area of personal injury law covers a lot of territory so a consultation with an attorney to discuss their experience and the types of cases he or she handles is very important. Most lawyers offer an initial consultation for free and this meeting will help them determine the merits of a case and the potential for success.”
After a client and attorney have agreed to work together on a personal injury case, the focus shifts to the attorney and the legal requirement to prove negligence on the part of the other driver. Negligence must be established if one individual is going to sue another. Negligence is generally defined as a failure to follow a certain standard or reasonable course of action and as a result another individual was harmed. A personal injury lawsuit must establish negligence to be successful.
How Do You Prove Negligence In A Car Accident ?
In general, the personal injury attorney must prove or establish the following four key elements that constitute negligence.
the other driver is responsible for driving his car in a safe manner
the other driver breached the duty to drive his car in a safe manner
the other driver was the cause of the accident
the accident was the cause of physical injuries, pain and suffering, or economic losses
What Are The Most Common Causes Of Car Accidents ?
The most common causes of car accidents, in order of most frequent to less frequent, are listed below.
Distracted Driving (texting, phones, a/c controls, radio controls, etc.)
DUI and DWI (alcohol and drugs)
Careless Driving in Poor Weather Conditions (rain, ice, snow, fog, etc.)
Running Red Lights
Running Stop Signs
Additional but less common causes include driving while fatigued, tailgating, failure to yield right of way, failure to obey traffic signals, illegal turns, eating or drinking while operating a motor vehicle, distracted by passengers, failure to reduce speed at road construction sites, and road rage.
“Every year cars and trucks cause permanent personal injury or death to innocent people. Car passengers, pedestrians, and other drivers often become victims of the careless and / or reckless actions of another driver in a split-second. Those drivers who are negligent should be held accountable for personal injury negligence. The victims of their actions deserve to be compensated for their losses and their suffering. As attorneys, it is our job to help the victims with their personal injury claims to reach fair personal injury settlements or verdicts,” concluded Ms. LeMaster.
LeMaster & Ahmed, PLLC, Attorneys at Law, encourages anyone who has been injured to fight back. They deserve a fair and equitable settlement for their injuries, their pain and suffering, their physical rehabilitation, their loss of income, and the impact their injuries will have for the rest of their lives.
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