What The Law Says About Determining Who Is To Blame For A Given Accident

  • July 9, 2021

Insurance companies rely on the interpretation of negligence, when seeking to determine which of 2 disputing parties should be blamed for causing a specific accident. What are the principal features of negligent behavior?

Someone that has demonstrated negligence in his or her behavior has been careless and neglectful.

That would include performance of illegal acts, or acts that qualify as the breaching of a recognized regulation.

How could the plaintiff in a personal injury case prove negligence on the part of the defendant?

• Determine whether or not the defendant had a duty of care towards the plaintiff.
• Determine whether or not the defendant breached that duty of care: A driver could demonstrate a breach of that duty by ignoring a traffic law, by not remaining alert to the actions taken by other divers, or by not knowing how to use the equipment in the driven vehicle.
• Show that by breaching a duty of care the defendant managed to injure the plaintiff
• Show that the plaintiff’s injuries had saddled the plaintiff with measurable losses.

What are the possible defenses to a charge of negligence?

• Show how the plaintiff’s actions contributed to creation of the accident
• Show how the plaintiff’s actions contributed to the severity of the reported injuries

Actions that drivers can take in order to eliminate or weaken one or more of the possible defenses, which have been listed above

Personal Injury Lawyer in Glen Ellyn know that by wearing their seat belts, drivers can eliminate one strategy that is often used by those that are defending the person responsible for a car crash. Defense lawyers know that not everyone has adopted the standard procedure of clicking on a seat belt. Consequently, those same lawyers also look for evidence that the plaintiff had failed to wear one on the day of the accident.

Car dealerships always provide the owner of a newly purchased vehicle with a book that explains all of its parts, including all the buttons and switches on the dashboard. Smart vehicle owners study such book, so that their minds are clear, regarding how to operate the car’s various gears and switches. That is another way that any driver can reduce the chance for being charged with comparative or contributory negligence, following a collision.

Finally, anyone that has experienced a past injury, or must deal with a pre-existing condition should take the time to learn as much as possible about that injury, or that condition. In that way, drivers that become plaintiffs should find it possible to raise insightful questions, if some adjuster tries to fake possession of a high level of medical training. The same drivers should be assertive, regarding the need to question the veracity of claims made by the adjuster.