You have often heard about major car accidents in newspaper and news channels. If you have been a part of any car accident, whether you are a plaintiff or accused, then you would be familiar to the word “Negligence”. Generally in accident cases, accident caused by negligence is the most common.
Negligence
According to Oxford Negligence means “lack of proper care or attention”. This negligence becomes more serious when a Driver or a pedestrian behaves in an uneven manner on the road or he/she violates the traffic rules. In legal terms negligence is frequently used in car accidents where the accuser must prove to the judiciary that the accused or defendant was negligent.
Duty of Plaintiff
- Defendant was not reasonably careful or not while driving
In this, the law determines whether the behavior of the defendant was sufficiently careful or not. This is done by comparing the act of driver with the act expected from a reasonable person. Following are some example of the conduct expected from reasonable person:
- Respecting the traffic signals.
- Slow down at Zebra crossing or on pedestrian crossing
- Making a safe distance between the two vehicles.
- Loss or injury to the accuser
In this, the plaintiff must show the proper evidence of loss of health, wealth or property in the accident caused by the accused. If there is no financial loss or provable injuries, then there is no need to pay any compensation.
Duties of Drivers Side
Drivers are required to follow some basic rules to ensure safety of pedestrian and driver himself. The driver needs to follow some important rules to go safe and also to prove innocence in case of accidents:
- Driving at a reasonable speed
- Keeping a proper look on the surrounding way
- Maintaining proper control and balance of the car
- Proper check on cars equipment
- Should not be under the influence of alcohol or drugs
- Follow the traffic rules
- Avoid driving on the wrong side of road
Car Accident Defense
To claim your innocence in car accidents, you need to prove it in the court. For simple cases, you don’t need a lawyer, but for complicated case, hiring a lawyer is the best option.
There are many car accident lawyers that are available for you in your need. They are experienced and know all the tactics to get you out of the trouble. Using defense lawyer can lower the risk of your accusation or to get the best compensation to the plaintiff. If you get a personal injury or damage of property, then you need a solicitor who knows the law very well.
These solicitors will help you to get the best of your case by going through all the twist and process of the law. You need to be careful so that someone may not take advantage of the information you share with the third party. You can search online to find a qualified and experienced lawyer. Do not forget to read reviews of the lawyer you are about to hire.