What is Negligence in a Car Accident Case?

Some very specific elements must be present for negligence to be found in a car accident situation.  Consult a Pueblo West, CO car accident attorney to discuss whether negligence may have occurred in your case.

Let’s use an example auto accident situation to explain how negligence is determined: It was daylight and an auto driver did not stop at a stop sign, and hit a pedestrian in the crosswalk.  The pedestrian ended up with a broken collarbone.

First, for negligence to be found, there must be a relationship between the injured party (Plaintiff) and the person causing the injury (Defendant) and a duty owed by the Defendant to the Plaintiff.  In our example, a legal relationship existed between the driver and the pedestrian, and the driver owed a duty not to hit the pedestrian in the crosswalk. An experienced Pueblo West, CO car accident attorney can advise you as to whether a qualifying relationship and duty is owed in your case.  

Negligence occurs when the duty owed by the Defendant to the Plaintiff is breached by the Defendant’s actions or inactions.  A duty is breached when the Defendant fails to act in a way that is reasonable to most people. In the crosswalk example, the Defendant breached her duty to the pedestrian when she failed to stop at the stop sign and hit the pedestrian.

Finally, the actions or inactions by the Defendant must have caused or contributed to an actual injury (i.e., physical, financial, emotion) that must have been reasonably foreseeable to the Defendant.  So in our example, the driver’s failure to stop at the stop sign caused her to strike the person in the crosswalk, and inflict actual injuries (the broken collarbone). It was reasonably foreseeable that hitting a person with a car could cause a broken collarbone.  Thus, the driver would be negligent.

However, if a Plaintiff’s actions contributed to the accident happening (called “contributory negligence”), the Defendant might not be liable, or her liability may be reduced.  If in our example, it was dark and raining when the accident occurred and the pedestrian ran out into the street. It may be found that the pedestrian contributed to the accident occurring, and the Defendant might not be liable at all.  

Important Things to Do after You Are Injured in A Car Accident

You should take a number of important actions as soon as possible after you are injured in a car accident.  It is a good idea to promptly consult with a [City] car accident attorney to make other recommendations specific to your case.  Here are a few tips to help you and your case.

Take good care of yourself and follow the advice of your doctors.  In order to recover damages in a personal injury matter, you are required to mitigate your damages.  In general terms, this means you have a duty to try to recover from your injury. To that end, be sure to keep all appointments with your doctors and follow all of their recommendations for medication, treatment, physical therapy, testing, x-rays and the like.  If you cannot keep an appointment be sure to call in advance and let them know. Also, it is best if you follow your doctors’ advice regarding work and recreational activities, and any limits that your doctor suggests regarding these actions.

Take photos.  Take photos of your injury and keep taking them throughout the healing process.  For instance, bruises tend to show up later. Take photos of the scene of the accident or injury.  Take photos of anything that you think could help document what happened or be relevant to your case. Do yourself and your attorney a favor and take quality photos.  Low-resolution photos do not enlarge very well. Quality photos are especially important in the event that your case goes before a jury.

Don’t talk to insurance adjusters until after you consult with an attorney.  Keep in mind that an insurance company has the goal of settling your case before you actually talk to an attorney. An insurance adjuster does not want you to learn that your case may be worth more money to you than what the adjuster is offering. Your [City] car accident attorney can offer you advice regarding how to deal with a claims adjuster in your particular matter.  

Keep a journal.  It is amazing how many little details the average person forgets shortly after an accident occurs.  Write down what happened in as much detail as possible, as soon as possible. These notes may even be useful as admissible evidence later in court.

Contact Witnesses.  People that witnessed your injury or have relevant information about the car accident are key to the success of your case.  It is important to identify witnesses, obtain their contact information, and make contact with them as soon as possible after the injury.  Your [City] car accident attorney will be able to offer you suggestions as to potential witnesses and how to approach them.

Keep track of all your expenses.  Keep all of your receipts for anything you purchase or expenses you incur in relation to your auto accident and the resulting injury. You are more likely to recover expenses that are documented.  

Your failure to do any of the above actions may work against you in settlement negotiations or if your case goes to trial.