The term “negligence” generally refers to failing to take care of something or someone. When it comes to legal terms, however, negligence has a precise definition that can be used to determine if a person will be responsible for damages. Learning the definition could help an individual in Florida who is considering filing a car accident injury claim.
Negligence typically can be used to prove legal responsibility in an auto accident if three caveats of the definition apply. First, there must be an expectation of reasonable care. When it comes to a road user, this part is usually a given. Those who choose to drive a vehicle must operate it in a safe and responsible manner. Second, there must be evidence that care was not exercised by a driver. There may be evidence of a driver using excessive speeds or swerving in and out of traffic. Someone who chooses to drive while drowsy, distracted or intoxicated is not exercising proper care.
Third, the driver must be the direct cause of loss and injury. There needs to be proof that the driver’s negligent actions directly caused the accident and that the accident was the cause of loss and injury. When all three parts of the definition apply to the accident, negligence may be proven in court and the victim may have a legal case.
Negligent drivers often cause catastrophic injuries that lead to costly medical bills and lost wages. In order to get compensation to cover these damages, a crash victim could file a personal injury claim. Legal counsel could help the plaintiff establish that the at-fault party was negligent.