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Using Negligence as a Basis of your Car Accident Case (Part 2)

By Edited Feb 10, 2014 0 0

Negligence is the main theory that is often used by people when taking legal action after a car accident. A driver will be viewed as negligent if he behaved in a careless or thoughtless manner, thus causing the accident and your injuries. This means he has performed an action he is prohibited from doing or failed to perform an action he is expected to do.

The first article; Using Negligence as a Basis of your Car Accident Case (Part 1); discussed the different elements that should be established in order for you to recover monetary damages from the other driver. The court will hold the defendant liable for your injuries if are able to prove that the defendant is required to exert reasonable care while traveling, violated or breached his duty of care, performed actions which caused your injuries, and that you were injured or you suffered from losses because of the accident.

This article will focus on the duties of drivers and the different causes of accidents that are related to negligence.


Duties of Drivers

There are different traffic rules that have been imposed so that road users can be spared from accidents. The defendant will be guilty of negligence if he failed to follow these rules and fulfill his duties as a driver.

Here are two rules that drivers should follow while on the road:

  • Follow the speed limits- Drivers should not move beyond the imposed speed limits, especially if there is low visibility, heavy traffic, and bad weather conditions.
  • Watch out for other road users- Drivers are required to watch out for pedestrians, other vehicles, and debris. They should notice things that a prudent and ordinary individual would see.

Meanwhile, they will be required to compensate a plaintiff if the accident happened because of:

  • Driver fatigue- According to statistics released by the National Highway Traffic Safety Administration (NHTSA), around 100,000 accidents that happen in the United States annually are caused by drowsy drivers.
  • Drunk driving- NHTSA's records show that around 16,654 people died in alcohol-related accidents in 2004 alone.
  • Driver distraction- According to the American Automobile Association (AAA), around 25 to 55 percent of all the recorded motor vehicle accidents in the country are caused by driver distraction. A driver will not be able to focus on the roads if he tries to do other things while behind the wheel like eating, reading a newspaper or book, and texting.

For more information about the liability issues involved in car accident cases, do not hesitate to seek legal guidance from a Los Angeles personal injury lawyer.

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