Car Accidents Caused by Driver Negligence

Car accidents are an unfortunate reality in our daily lives. They can cause significant physical, emotional, and financial damages to the parties involved. According to the National Highway Traffic Safety Administration (NHTSA), in 2020, an estimated 38,000 people died in car accidents in the United States. Car accident causes vary, and driver negligence is one of the leading causes. In this article, you'll learn what negligence is, some examples of driver negligence, and what you should do if you're involved in a car accident caused by driver negligence.

 

What Is Negligence?

 

Negligence is the failure to exercise the level of care a reasonable person would have exercised in a similar situation. In the context of car accidents, negligence can be defined as the failure of a driver to use reasonable care while operating a vehicle, which results in an accident. In other words, if a driver's behavior falls short of what a reasonable person would do, and that behavior causes an accident, the driver can be considered negligent.

 

What Are Some Examples of Driver Negligence?

 

There are many examples of driver negligence, some more common than others. One of the most common forms of driver negligence is distracted driving. This can include texting, talking on the phone, or even eating while driving. Other examples of driver negligence include speeding, running red lights, failing to yield, driving under the influence of drugs or alcohol, and properly maintaining the vehicle.

 

If you've been involved in a car accident caused by driver negligence, there are a few things you should do. First and foremost, seek medical attention if you have any injuries. Even if you feel fine, it's essential to get checked out by a medical professional to ensure no underlying injuries. Additionally, contact an Anchorage car accident lawyer as soon as possible. An experienced lawyer can help you navigate the legal process and ensure you receive the compensation you're entitled to.

 

What's the Difference Between an Accident and Negligence?

 

Many people use the terms "accident" and "negligence" interchangeably, but they are different. An accident is an unexpected and unintentional event, whereas negligence is the failure to take reasonable care to prevent an accident. In other words, not every accident is caused by negligence, and not every negligent act results in an accident. If a driver's actions fall below the level of care expected of a reasonable person and cause an accident, the driver can be liable for negligence.

 

Proving a Driver's Negligence

 

Proving a driver's negligence in a car accident can be challenging. It requires evidence that the driver's behavior fell below the level of care that a reasonable person would have exercised in a similar situation. This evidence can come in many forms, such as witness statements, police reports, and scene photographs. Additionally, medical records can help demonstrate the extent of the injuries and the need for compensation.

 

To prove negligence, the plaintiff must establish four elements: 

• Duty - The plaintiff must show that the defendant owed a duty of care to the plaintiff. In the context of car accidents, this duty is to operate a vehicle with reasonable care.
• Breach of duty - The plaintiff must show that the defendant breached this duty of care. 
• Causation - The plaintiff must show that the defendant's breach of duty caused the plaintiff's injuries. 
• Damages - The plaintiff must demonstrate the extent of the damages suffered due to the accident.

 

Remember, proving negligence is critical to obtaining a fair settlement or judgment in your case, and an experienced lawyer can make all the difference.

 

What Legal Duties Does a Driver Have?

 

Drivers have legal duties to operate their vehicles safely and responsibly. These duties are designed to protect everyone on the road and reduce the risk of accidents. If a driver fails to meet these legal duties, an accident results, and they may be liable for negligence.

 

Driver Duties Imposed by State Law

 

Each state has its laws governing driver duties. However, some common legal duties that drivers must adhere to include the following:

 

• Obeying traffic signals and signs.
• Driving at a reasonable speed for the road and weather conditions.
• Maintaining control of their vehicle at all times.
• Yielding to other drivers when appropriate.
• Using headlights at night and during inclement weather.
• Not driving under the influence of drugs or alcohol.
• Maintaining a safe following distance from other vehicles.
• Keeping their vehicle in good working order.

 

When a driver violates one or more of these legal duties and an accident results, they may be liable for negligence.

 

Defenses of Negligence In a Car Accident Case

 

When a driver is accused of negligence in a car accident case, they may try to use one or more defenses to avoid liability. Some common defenses t

o negligence include:

 

• Contributory negligence: This defense asserts that the plaintiff's actions contributed to the accident and resulting injuries, reducing or eliminating the defendant's liability.
• Comparative negligence: This defense asserts that the plaintiff's negligence contributed to the accident and resulting injuries and reduces the defendant's liability accordingly.
• Assumption of risk: This defense asserts that the plaintiff knew of and voluntarily assumed the risks associated with the defendant's conduct and, therefore, cannot hold the defendant liable for any resulting injuries.
• Statute of limitations: This defense asserts that the applicable statute bars the plaintiff's claim.

 

Can You Seek Compensation If You Were Partially Responsible for the Car Accident?

 

In many car accident cases, it's not uncommon for both drivers to share some fault for the accident. You may still seek compensation for your injuries and damages in these situations.

 

Alaska follows a pure contributory negligence rule, which means that if you're found to be even slightly at fault for the accident, you may not be able to recover any compensation. Other states follow a comparative negligence rule, which allows you to recover damages based on your degree of fault.

 

For example, if you were 20% at fault for the accident and the other driver was 80% at fault, you could recover 80% of the damages you incurred.

 

If you've been involved in a car accident caused by driver negligence, it's essential to seek legal advice from an experienced car accident lawyer as soon as possible. They can help you protect your legal rights, build a strong case, and recover the compensation you deserve.