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What might constitute negligence in a car accident?

If you've been the victim of a car accident you have probably been the victim of some form of negligence. Negligence is the legal theory that is applied to nearly every accident that happens in San Antonio or anywhere else for that matter.

The argument goes that if an accident occurred someone must have failed to exercise reasonable care in those particular circumstances. And if someone was seriously or fatally injured as a result, the negligent person deserves to be held accountable for the damages suffered -- physical, emotional, financial and otherwise. But what constitutes negligence?

The answer is that it depends on being able to show what rule or rules parties of an accident might have violated. And to make that determination, one has to know what current law is and be able to show how they were broken in the given situation.

Obviously, that can mean that a lot of different factors can come into play, but there are a few that are perhaps more common than others. Following are some of them. The list is not comprehensive.

  • Traffic signs or traffic lights were disobeyed.
  • Someone failed to signal a turn.
  • A driver operated a vehicle outside the speed limits.
  • One of the drivers disregarded traffic or weather conditions.
  • One of the parties was driving impaired by drugs or alcohol.

Distracted driving that results in an accident may also be considered evidence of negligence or recklessness, but because the law differs by state it's important to have an attorney weigh in on whether it could be an element in your particular personal injury case.

Indignation is something that many people feel after an accident. Sometimes it may be righteous. Sometimes it might not be warranted. By consulting an attorney you can determine the appropriate response.

Source: FindLaw, "Car Accident Basics," accessed Sept. 2, 2015 

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