Someone who acts or behaves negligently may fail to recognize how their actions will affect others. Kentucky drivers may see negligence in action as they drive down the road, witnessing other motorists who choose to speed, weave through traffic or ignore traffic signals. They may also see other drivers who choose to drink coffee, text, eat, or engage in other distractions while they are operating their motor vehicles.
Negligence is a major cause of motor vehicle accidents. Likewise, legal claims for damages from such accidents are often based on the assertion that a responsible party acted negligently.
There are several elements that must be proven in order for a victim to prevail on a negligence claim.
In order for a person to plead a negligence claim, he or she must assert that the party who caused the injury owed the victim a duty. Generally, motorists owe each other a duty of care to act reasonably when they drive. When a duty is present, a breach of that duty that is the cause of another person’s injuries may constitute negligence.
Victims are usually required to demonstrate that the breach of the responsible parties’ duties to them caused them to suffer harm, and that their harm can be compensated through damages. Not surprisingly, victims must also offer some proof as to what their costs were, although not all of these costs have to be easy to quantify. For instance, a victim can claim compensation for his or her pain and suffering.
Different motor vehicle accident cases may have different types of claims for damages, and it is important that readers get independent legal advice for their own cases. Negligence is a complex legal topic that must be properly proven in order to establish many personal injury claims.
If you or someone you know have been injured in an auto accident, speak with a Lexington car crash lawyer to review your legal options.