Car wrecks and demonstrating negligence

| Jun 13, 2019 | Car Wrecks |

Negligence is a term that has a precise definition in legal practice. Knowing something about how negligence works in car accident cases could help Mississippi readers drive more safely or determine whether the other driver in a car wreck was negligent. In order for a determination of negligence by the court, the plaintiff must demonstrate a duty was breached by the defendant and that the breach directly caused the plaintiff’s damages.

Drivers on Mississippi roads have a duty to exercise reasonable care when they’re behind the wheel. They are expected to drive in a way that does not endanger other drivers or pedestrians. A demonstration of a breach of this duty could take many forms: The at-fault driver may have failed a breathalyzer after the crash or there may be witness testimony that the driver ran a stop sign.

The plaintiff must show that the negligent actions of the defendant directly caused the crash and that the collision directly caused the plaintiff’s injuries. It does not rise to the level of actionable negligence if the other driver failed to get his or her oil changed, for example, unless that led directly to the crash.

Ignoring speed limits or following another driver too closely may support a claim of negligence. In a case where a Mississippi resident is injured in a car wreck, an attorney may be able to help the person pursue damages. An attorney with experience in personal injury law may be able to examine the facts of the case and identify parties who may have liability. An attorney might draft and file a complaint for negligence in civil court, secure expert witness testimony or conduct depositions of other witnesses. People who are injured in car wrecks may be able to recover for medical expenses, pain and suffering, lost wages or other damages.  If you’ve been injured in an accident,  call George B. Ready for aggressive representation and protection of your interests.