Most car accident injury claims are built upon the legal theory of negligence.
In most cases, the injury victim must prove that the other driver’s
negligence caused or contributed to the accident. In other cases, however,
the burden is on the defendant to prove that they were
not negligent at the time of the crash. Our Marietta auto accident lawyers
break down this oft-misunderstood legal principle.
How is Negligence Defined?
In legal terms, negligence refers to a broad range of thoughtless or careless
behaviors. In many cases, a driver will be considered negligent if they
failed to do something they should have, such as failing to yield to a
pedestrian. A driver can also be negligent if they do something that they
shouldn’t do, such as running a stop sign.
Proving the Other Driver Was Negligent
If you’ve been injured in an auto accident, your Marietta personal
injury attorney will generally need to prove that the other driver was
negligent at the time of the accident. If you were riding a bicycle or
were a pedestrian at the time of the accident, the process will be extremely similar.
You Must Prove They Were Required to Be Careful
Drivers have a legal obligation to remain reasonably careful while on the
road. In legal terms, this is often referred to as the “duty of
reasonable care.” In the majority of auto accident claims, the defendant’s
responsibility to remain safe is largely implied, so proving this requirement
is fairly easy.
You Must Prove They Were Not Careful
Once your attorney has demonstrated that the defendant has an obligation
to be reasonably careful, they must then prove that the defendant was
not being careful at the time of the accident. This is accomplished by
answering a simple question; did the driver behave in the same way a normal,
reasonable person would have behaved in a similar situation?
Presumption of Negligence
As discussed above, most negligent behaviors must be proven by the plaintiff.
In some situations, however, the defendant will actually have to prove
that they were
not negligent. Certain conditions or behaviors will lead to a presumed negligence,
- Driving under the influence of alcohol
- Driving under the influence of drugs
- Violating right-of-way laws or failing to yield to a pedestrian
- Driving in the wrong direction
Injured in a Car Crash? Call (770) 884-6652 Today.
At Jones & Swanson, our experienced Murietta car accident attorneys
have recovered more than $50 million on behalf of our clients. When you
choose our firm to represent you in your auto accident claim, we will
use more than six decades of combined experience and extensive legal knowledge
to get the best possible results in your case.
You shouldn’t have to pay for someone else’s negligence. Call
our firm today to request your
free initial consultation.