When a Negligent Driver Causes You Injury


May 08, 2015

Negligence is generally defined as any behavior which falls below the normal standard of care.  A person is considered negligent when they fail to conduct themselves as as a normal, prudent person would have done in the same situation. As an example, a cautious person would not exceed the speed limit in a school zone when school was letting out and kids were walking in crosswalks. A careful person would refrain from driving twenty miles over the speed limit when it was raining outside.

There are hundreds of other situations in which a driver can be considered negligent simply by virtue of the fact that he or she simply didn't behave in a wise or sensible manner, and this directly caused injury to another person.

Negligence Must Be Proven

It's not enough for you simply to claim negligence on the part of another. You must be able to prove that a normal, prudent person would not have behaved in the way the person who caused your accident did, therefore there would not have been an accident. You will be required to have carefully documented evidence and facts in your case, and possibly even to compare normal driving standards to those of the person who hit you. In some cases the party themselves may act in a way which is clearly negligence. This occurs when, for example, a 93-year old man who can barely see and has lost his driver's license is out driving around the mall. In this case there is negligent behavior involved because he knew he should not be driving due to medical conditions associated with age.

Useful Tools to Help You Prove Negligence

Police records are crucial in your goal of proving the driver who hit you was negligent in their behavior. For example, the police report could contain evidence regarding the other driver's use of a cell phone when the accident occurred, their excessive speed, or disregard for traffic signs. Your attorney will also need the police report in order to mount their own investigation into your accident with the goal of obtaining the very best settlement offer possible on your behalf. Your particular state traffic laws can also be critical when establishing negligent behavior, as violating certain traffic laws can automatically constitute negligence.

Examples of Negligent Behavior

Negligent driving occurs all too frequently and can have serious consequences. Some instances of negligent driving include driving in an overly aggressive manner, using a cell phone or texting while driving, driving over the posted speed limit, eating or reading while driving, driving while under the influence or fiddling with the radio or reaching for something while driving. Whatever behavior the other driver was exhibiting which rendered him or her negligent, your lawyer must prove that the other driver not only owed you a duty of care, but violated that duty. Your attorney must also prove hat if it had not been for the other driver's obvious negligence, you would not have ended up with injuries and damages. 

Put Our Law Firm's Over 30 Years of Legal Experience to Work For Your Case

The personal injury attorneys of Montlick and Associates have been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over thirty years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Auto Accidents

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.