Auto accident cases
Negligence forms the basis of many auto accident cases and if you have been involved in an auto accident and are looking to claim compensation from the other party, it is likely that you have come across this important terminology.
What is the definition of negligence?
When an individual is negligent, it means that he or she has demonstrated careless or thoughtless behaviour, which has caused harm to others. A person may be considered negligent if they speed, run a red light, fail to stop for a pedestrian or forget to turn their lights on when driving at night.
What are the main elements of a negligence claim?
To bring about a successful auto accident claim, you must be able to show all of the following:
1. The law required the guilty party to act with reasonable care
In auto accident cases, the law requires drivers to be careful when using the roads. All drivers must therefore adhere to the duty of reasonable care code.
2. The guilty party was not careful
In determining whether the driver demonstrated a sufficient level of care, you must compare the driver’s behaviour with the behaviour expected of a “reasonable driver.” If the driver’s behaviour falls short of that expected from a reasonable person, the driver will have violated their duty of reasonable care.
Examples of behaviour expected of a “reasonable driver” include:
• Stopping at red lights
• Looking out for crossing pedestrians
• Keeping a safe distance away from the vehicle in front
3. You suffered financial losses and/or injuries
You will be entitled to claim compensation for injuries and financial losses resulting from your accident. However, you will need to provide evidence of your out of pocket expenses if you want to claim back the monies you have had to pay out because of your accident. You should therefore retain records and any receipts detailing your expenses.
4. The guilty party’s behaviour caused your injuries
You must be able to show that the negligent driver’s conduct caused your injuries. For example, if you are claiming for whiplash, you must provide medical evidence to prove that your whiplash directly resulted from your auto accident.
How can I receive help with auto accident cases?
Accident Advice Helpline can help you make your claim. For detailed advice on auto accident cases, call our number and discuss your claim in confidence with one of our professional advisers. Alternatively, take advantage of our 30-second test online test.
The numbers you need are 0800 689 0500 if calling from a landline or 0333 500 0993 if using your mobile phone. If you’d like a call back then text ‘claim365’ to 88010.
Date Published: 30th July 2013
Author: Jan Newell