Proving negligence when suffering from car accident injury

| Jul 6, 2017 | Car Accidents

Everyone has the right to safety on Massachusetts roads. However, not all people are granted that right when they are involved in a car accident. If you believe you or a loved one’s right to safety were breached due to another person’s actions, how can that be remedied? At-fault drivers may be held accountable under the rules of negligence.

Negligence is a term given to behaviors in which a duty owed to a person is breached and that carelessness directly results in a person’s injury. Negligence can occur in many different types of situations, including a car accident injury. Since other drivers owe a duty to other drivers and passengers to operate their vehicle safely and lawfully, they can be held accountable when they do not and it injured someone. Holding someone accountable for negligent in a car accident would include seeking damages.

Damages from car accident injury can be sought for medical expenses, loss of enjoyment of life, lost wages due to an inability to work and property damage to name a few. Before one can start talking about damages, they will have to set up the proof of the four steps prior to seeking damages. Again, the injured must prove that the defendant owed a duty to the injured person that was breached and that action or inaction directly resulted in a person’s injuries. These are called the elements of negligence.

It can be truly worthwhile to seek reparations for a car accident injury. The repercussions from a car accident can ripple for years after a car accident injury has occurred. This can be due to a health issue that a person struggles with after car accident injury that can affect their work and personal life so severely that it really downgrades a person’s quality of life. Seeking damages from the negligent party can help to offset those issues.

Source: FindLaw, “Proving Fault: What is negligence?” Accessed July 3, 2017

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