Car accidents happen all the time in Louisiana. A momentary distraction or a instance of anger can quickly cause a driver to lose control of their vehicle and collide with others on the road. While some car accidents result in property damage with no injuries, others can cause life-threatening and even fatal harm.
When a car accident happens and a victim is left to recover, they can often pursue legal claims to be made whole through awards of damages. One theory on which car accident claims can be built is negligence. This post will explore the elements of negligence as they may related to car accident claims, but no part of this post should be used as specific legal advice.
Understanding negligence under the law
At its core, negligence is what happens when a person does not act reasonably given the situation that they are in. For example, if a person is driving and takes their eyes off the road to send a text message, they may be considered to have acted unreasonably if their negligence resulted in an injury-producing crash.
There are several key elements to negligence claims. Generally, they include:
- Duty: A person must have a duty of care to their victim to be found negligent. Often that duty is to simply act reasonably given their situation and circumstances.
- Breach of duty: When a person fails to meet their duty of care, they are said to have breached it.
- Causation: Even if a person breaches their duty of care to others, they must be the cause of their victim’s harm.
- Damages: Depending on the claim, victims must be able to show that they have suffered damages to pursue negligence claims.
Putting together a car accident negligence claim
While reading over the elements of negligence may seem straightforward, in an injured state it may be difficult for a victim to build a strong case that is supported by evidence. That is why many car accident victims choose to be represented by personal injury attorneys when the litigate the recovery of their damages. Attorneys can provide their clients with case-specific help to protect their clients’ rights and legal interests as they work to recover from their accidents.