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What is negligence and will it affect a car accident case?

Accidents are common in Kentucky and often happen when individuals are not paying attention to what they are doing. A person may walk into another individual if they have their eyes diverted down to their cell phone as they move; a driver may cause a car accident if they are more focused on changing their music than on the traffic that is stopped in front of them.

Accidents usually happen because someone is doing something that they should not be doing at the particular time that the accident occurred. In any given situation, a person is generally expected to act reasonably. When others are near, they owe a duty to those individuals to accord themselves in a reasonable manner so as not to cause injury to others.

The failure of a person to act reasonably under the circumstances and to not fulfill their duty to others may expose them to claims of negligence. The existence of a duty and the breach of that duty are the first two elements of a negligence claim; that the negligence of the accused party caused the victim to suffer injuries are the third and fourth elements of the claim.

Car accidents often happen because of negligence and, when they do, innocent people can suffer significant harm. Successfully pleading a negligence case for a motor vehicle accident can avail a victim to damages for their physical, emotional and property losses. The guidance of a Lexington personal injury attorney during a car accident and other negligence-based matter can give a victim the confidence they need to know that their legal matter is being handled in a responsible manner.