The Four Elements of Careless Driving

Driving a vehicle on a daily basis is a necessity for many people. When you are behind the wheel of a car, it is important that you pay attention and be cautious. While most drivers are careful when behind the wheel, there are situations in which someone could be careless or negligent and increase the chances of being involved in an accident. There are four key elements of careless driving that should be understood and could point to liability if a driver is involved in any type of accident.  

Driver Had a Duty of Care

The concept of “Duty of Care” is important when it comes to vehicle accident law. Duty of care is a concept that someone has the legal responsibility to act in a courteous and careful manner. Anyone that gets behind the wheel of the car has the responsibility to be careful and follow the law and best practices in any given situation. If you are involved in an accident with another driver, it should be easy to evidence that they had a duty of care, as this duty is presumed for anyone that is driving a vehicle.

Breach of Duty

Establishing that someone had a duty of care when driving a car is usually pretty straightforward. However, to prove that they had a breach of this duty of car is also important. To do this, you will need to be able to evidence that the other driver was acting recklessly when they were driving. Some examples of this can include if they ignored traffic signals or signs, drove at excessive speeds, or were under the influence. If the other driver caused an accident, it is likely due to some form of error, which was a breach of this duty.

Breach of Duty Led to Damages

If you are going to file a liability claim following an accident, you will also need to prove that the breach of duty of care resulted in damages. Depending on the situation, this could require some work to prove. If there is clear damage to your vehicle that was definitely due to the collision, it can be easy to prove. Other forms of damage that you could incur can include if someone was injured and had to receive medical attention for their injuries.

Damages Can be Calculated

If the breach of duty led to an accident that resulted in damage, you will have to prove the total amount of the damages can be calculated. When you file a claim, you will need to seek an exact monetary amount and should have evidence that the amount is supportable. Some easy costs to consider can include auto repair costs, medical bills, and therapy expenses. If you are unable to work, have incurred significant pain and suffering, or will have future medical expenses, you will need to come up with a fair estimate to include in a claim.     

Being involved in any type of accident can be a scary and stressful situation. The situation can be even more frustrating if it occurs due to negligence or careless driving of another party. If you are involved in an accident, a car accident attorney can help you assess the situation to determine whether the other party involved was careless when behind the wheel. This can help you build a legal claim to ensure you are properly represented and receive reimbursement for any damages you incurred due to the accident.