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 as an important reason for fault determination in auto accidents. Laws and statutes for negligence are state-specific.
It is necessary that the negligence of a defendant, which resulted in the injuries of the plaintiff, must be proven in court. 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, he violated this duty and this violation led to 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 there is partial fault of both parties 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.