If you are seeking compensation after being injured in a Providence car accident, you are probably finding out that as a plaintiff, you need to prove that the other driver was at fault. This is where the legal theory of negligence comes in. In fact, negligence forms the basis for many car accident lawsuits in Providence. But what exactly is it and how do you prove negligence?
In legal terms, when we say a person is negligent, it means that he or she acted in a manner that was reckless or careless, which caused injury or harm to another. For example, in the context of car accidents, negligence may involve the violation of the rules of the road such as running a red light or failing to yield the right-of-way to a pedestrian. Negligence is when a driver does not exercise due care or reasonable care and causes injuries to another as a result of that.
How Do You Prove Negligence?
The injured, known as the plaintiff, must show that the defendant was negligent.The plaintiff must first and foremost show that the law required the defendant to be reasonably careful. Every driver has the “duty of reasonable care” toward others such as other drivers, passengers, pedestrians, bicyclists and motorcyclists.
The plaintiff must prove that the defendant breached that duty of care, that the defendant’s conduct caused the plaintiff’s injuries and that the defendant’s conduct directly caused the plaintiff’s injuries, damages and losses. The plaintiff must then show that he or she suffered actual losses such as medical expenses, lost income or earning capacity, pain and suffering and emotional distress.
The law requires all motorists to exercise reasonable care. But what does that actually mean. Here are some examples. Drivers should operate their vehicles at a reasonable speed. One aspect of this is to drive at or below the speed limit. It is also required of drivers to operate their vehicles at a speed that is safe given the traffic, weather and roadway conditions. A driver may be deemed negligent if he or she for example drives at an unsafe speed in a school zone, in bad weather, in a construction zone or when visibility is poor.
Drivers also have a duty to remain vigilant and look out for pedestrians, bicyclists and other vehicles. Failing to do so can amount to maintenance. Above all, drivers are required to maintain their vehicles in safe working order. For example, if a driver causes an accident because of a failure to maintain the vehicles tires or brakes, then he or she can be found negligent.
Contacting an Experienced Lawyer
When drivers operate a vehicle while distracted, under the influence or while driving at an excessive rate of speed, they can be held accountable for their negligence. Injured victims in such cases would be well advised to contact an experienced Providence car accident lawyer who will stay on top of the official investigation and ensure that their legal rights and best interests are protected. At d’Oliveira & Associates, we work on a contingent fee basis, which means that we don’t charge you any fees until we recover compensation for you. Contact us at 1-800-992-6878 or fill out a contact form for a free and comprehensive consultation.