If you’ve ever been in a car crash, you know how frustrating and overwhelming it can be. One of the most important things that an Indiana injury lawyer can help you understand about car crashes is the concept of negligence.
What Is Negligence?
This is a pretty simple concept, despite the fancy legal term. Negligence is basically when one person gets hurt because another person failed to exercise reasonable care. In the context of car crashes, negligence can occur when a driver fails to follow traffic laws, drives while distracted or impaired, or doesn’t properly maintain their vehicle.
The Four Essential Elements
To prove negligence in a car crash case, there are four things that must be established. First, there must be a duty of care. This means the driver had a legal duty to exercise reasonable care while operating their motor vehicle.
Second, there must be a breach of duty, which means the driver failed to exercise reasonable care and engaged in behavior that was not careful. Common driving-related breaches include:
- speeding,
- texting while driving,
- driving under the influence,
- following too closely,
- changing lanes without checking, and
- disregarding traffic control devices.
Third, there must be causation. This is the element that connects the driver’s breach of duty to the injury suffered by the victim.
Finally, the victim must be able to show damages, whether that’s medical bills, lost wages, or pain and suffering.
Winning the Case
It’s important to understand that negligence can be the basis for a personal injury claim resulting from a car crash. If negligence can be proven, the at-fault driver may be held liable for the injuries and damages caused by the crash. Keep in mind that multiple parties can be negligent in a car crash case.
Make the Right Call
At Marc Lopez Law Firm, we understand how confusing negligence can be. If you’re looking for an Indiana injury lawyer who will fight for you, give us a call at 317-632-3642. Let the Marc Lopez Law Firm turn your frustration into compensation.
