How Do Carelessness And Neglect Relate To Finding Fault In Car Accident Case?

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The legal profession has defined negligence as behavior that reflects carelessness and neglect. Personal Injury Lawyer in Oakville knows that evidence of negligence on the part of any driver could become the basis for a charge of fault.

A driver’s negligence has the ability to harm other drivers, along with others that might be using a given road, street or highway. There are 2 types of negligence:

• Performance of a dangerous action;
• Failure to carry out a needed action.

What are the elements of negligence in a car accident case?

• A rule that asks all drivers to utilize an added amount of care, while driving
• A driver’s failure to display a reasonable level of care, while behind the steering wheel
• Evidence that driver’s failure caused an injury to another person.
• Proof that the injured victim had suffered a measurable loss.

What is presumption of negligence?

That is a condition that might be linked to the charges against a given driver. It carries with it an assumption of the fact that commission of a certain offense qualifies as a display of carelessness and neglect (negligence).

Only some traffic violations have the ability to place an added burden on the driver that has committed that particular violation. The driver that has committed such a violation must prove that he or she was not negligent.

What sorts of traffic violations get linked to an assumption of carelessness and neglect on the driver’s part?

• Driving while under the influence of alcohol or drugs
• Failing to yield the right-of-way to another driver, to a rider on a bicycle or to a pedestrian.
• Going the wrong way on a one-way street.

Would an insurance company cover a driver that has been charged with presumptively negligent behavior?

The only time that the insurance company would refuse to cover a policyholder would arise if the same policyholder had broken the law, during the moments before the accident.

Sometimes presumptively negligent behavior does qualify as a criminal act. For instance, someone that got involved in an accident by driving while under the influence of alcohol could be accused of criminal behavior.

At other times, the driver’s intentions might remain in question. That would be the case if someone had driven the wrong way on a one-way street. Had he or she been trying to evade capture by the police? Alternately, had he or she simply not seen the arrow at the end of the roadway?

With the help of a good lawyer, the person that committed the violation should be able to explain the reason for the mistake. The insurance company would study the findings of its investigation. Based on those findings, it would decide about coverage for accidents caused by disruptive/negligent behavior.

389 thoughts to “How Do Carelessness And Neglect Relate To Finding Fault In Car Accident Case?”

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