Californians spend a lot of time on the road. Between commuting to work, shuttling kids back and forth to activities, and just driving to get out of town, residents probably spend a good part of their lives in motor vehicles. While the convenience and freedom afforded by such liberal use of cars and trucks is considerable, it brings with it the possibility of serious accidents that can cause severe, long-lasting injuries. When these types of crashes are avoidable, the injured party may be eligible for compensation.
To recover this compensation, car accident victims need to pursue a personal injury lawsuit, which uses another party's negligence as its basis. This space has previously discussed some of the basics of negligence, and it has taken a look at the aspects of duty and breach. But the fundamental concept in negligence is that someone was unreasonably careless. What might this mean in practice? What indications might there be that a person's injuries were caused by a negligent driver, and not a random accident?
The most common situations that might lead one to think negligent driving was involved in a crash have to do with breaking certain traffic rules. Because a reasonable driver will obey the rules of the road in order to keep everyone safe, failure to do so may point to negligence. Exceeding the speed limit, failing to obey traffic signals, failing to signal, and failure to yield the right of way are examples of lawbreaking that may qualify as negligence in an auto accident lawsuit. Similarly, when a driver chooses to drive under the influence of intoxicants, operates his or her vehicle with disregard for the weather conditions, or engages in distracting behavior while driving, negligence may be found.
While there is no iron-clad rule to tell whether an accident was caused by negligence, the actions discussed here can certainly help victims in their push to show negligence was involved in their accident. Those with questions about the possibility of being compensated for their injuries may wish to consider contacting an experienced California personal injury attorney.