When an automobile driver fails to exercise proper care while driving and ends up injuring someone, he is said to have committed an act of negligence.
Act of Negligence
Cases in tort law consider negligence an important reason for fault determination in auto accidents. However, Laws and statutes for neglect are state-specific.
It is necessary to prove the defendant’s negligence in the court, which resulted in the plaintiff’s injuries.
This negligence must be a proximate cause that led to the plaintiff’s injuries. Only upon proving this, the defendant can be held liable, and the plaintiff will receive damages.
Along with the available evidence, the plaintiff must prove that the defendant had a duty for public safety. Accordingly, he violated this duty, which led to the plaintiff’s injury and subsequent damages.
Other than ordinary negligence, there are reckless or gross negligence, comparative negligence; vicarious liability; and contributory negligence.
Sometimes negligence may lead to a criminal case as well as payment of damages.
If both parties have a partial fault, then the negligence would be comparative and reduce the plaintiff’s damages accordingly.
Taking the help of an attorney who is well-versed with tort laws is beneficial.
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