Accidents are unintentional by definition. However, the fact that someone didn’t mean to cause an accident doesn’t mean they can’t be held responsible for damages resulting from their negligence. The legal concept of negligence allows injured parties to pursue a claim against whoever caused their accident out of carelessness. Whether it is a car accident, a slip and fall case, negligent supervision, or negligent hiring, an experienced negligence attorney can help you get fair compensation if you have been injured as a result of someone else’s negligence or reckless behavior.
Negligence Defined
Negligence is not synonymous with unintentional. Some accidents, while unforeseen and unintentional, may not have been caused by negligence. From a liability perspective, negligence overlaps between intentionally causing harm and purely accidental harm.
- Would a reasonably prudent person have acted similarly in the same situation?
- Was the accident reasonably foreseeable?
For example, would a reasonably prudent person drive more than 20 miles per hour over the speed limit? Is it reasonably foreseeable that you would cause a car accident when driving at those speeds? If the answer to both of those questions is yes, then the party who caused the accident may be held liable for the harm caused by their negligence.
Common Examples of Negligence
Negligence can arise in a variety of different contexts. Some of the common examples of negligence that can trigger liability include the following:
- Breaking traffic laws
- Driving while fatigued, distracted, or intoxicated
- Failure to inspect the property for potential hazards
- Failure to address known property hazards
- Failure to warn guests and visitors of known property hazards
Negligence is not always easy to identify. The best thing to do if you have been injured is to contact a negligence attorney, they can review your case and determine whether your injuries result from someone else’s negligence.
You Will Need to Prove Your Case
Even when it’s obvious that the other party was at fault, you still need to prove your case. This means that you need to gather and submit evidence that demonstrates the following:
- The other party was negligent in some way, and
- Their negligence caused the accident that resulted in your injuries.
An experienced negligence attorney will know what evidence you need to get compensation. The evidence you need could include accident reports, witness accounts, medical records, photographs, and video footage. Your lawyer can help you gather the documentation you need so that you can focus on your recovery.
Talk to a Negligence Attorney Today at Difilippo & Pica, PLLC
If you have suffered some harm due to someone else’s negligence, we can review your case and explain your options. Contact us today to schedule a free consultation to discuss whether you may be entitled to compensation.