Failure to Care For The Safety of Others Is The Essence Of Negligence
Negligent driving in accident lawsuits is an essential element of personal injury cases and something that every plaintiff must prove. If you sue another Colorado Springs driver for your car accident injuries and losses, you won’t get very far unless you can demonstrate that their negligence is why you find yourself in your current situation.
But what, exactly, constitutes negligent driving in accident lawsuits in Colorado? What does an experienced car accident attorney need to prove to an insurance company, jury, or judge to hold a defendant accountable and obtain compensation for the consequences of their conduct?
What is Negligence Generally?
When a person hurts someone else, they can do so in one of two primary ways. They can cause injuries due to their intentional conduct, such as punching someone in the face. Or, as is the case in most personal injury lawsuits, they can cause injuries because they acted negligently.
“Negligence” in Colorado is generally defined as failing to act in a way that a reasonably careful person would act in the same circumstances. When people act negligently and cause no harm, it is of little consequence. But when someone’s negligence does result in damage or injuries to someone else, that injured person can sue the negligent party for compensation.
To prevail in a personal injury lawsuit based on negligence, a plaintiff needs to prove four things:
- That the plaintiff owed the defendant a duty of care;
- The defendant breached that duty of care;
- That breach of the duty of care caused the plaintiff’s injuries and losses; and
- The plaintiff suffered damages as a result of the defendant’s negligence
You might be interested in: How to Get Reimbursed for Lost Wages from a Car Accident with Injury
Drivers Owe Other Drivers A Duty of Care
In Colorado car accident lawsuits, establishing that the first element of a negligence claim – that the defendant owed the plaintiff a duty of care – is rarely an issue. Colorado drivers owe a duty of care to other drivers, passengers, pedestrians, and others who could foreseeably suffer injuries or losses because of their conduct when they fail to act as a reasonable person would.
How Does A Driver Breach The Duty of Care?
Car crashes occur for many different reasons. Similarly, there are many ways a driver can breach their duty of care in a manner sufficient to support personal injury claims for negligent driving in accident lawsuits.
Four common duties of care that drivers breach are:
Duty to keep control of their vehicle.
Drivers command large, metal machines that travel at high speeds. It is a driver’s responsibility to control their vehicle, which means keeping their eyes on the road, avoiding distractions, and otherwise driving in a reasonably prudent manner. Failure to do so can constitute evidence of negligent driving in an accident lawsuit.
Duty to maintain their vehicle.
Many accidents occur because of mechanical failures. Drivers breach their duty of care if any such failures that they knew or should have known about and repaired cause an accident, such as broken tail lights, bald tires, or failed brakes.
Duty to stay aware of their surroundings.
While driving, drivers must account for all circumstances, whether they be road conditions, weather, construction zones, or school zones. In addition, what would constitute reasonable conduct on a sunny day and open road may not be the same in a blinding snowstorm or heavy traffic. Failure to take such circumstances into consideration may constitute negligent driving in accident lawsuits.
Duty to follow traffic laws.
Most traffic laws exist for safety reasons. Laws that prohibit speeding, tailgating, and, of course, driving under the influence, are all there to protect and save lives. Drivers who fail to follow traffic laws and cause an accident, as a result inherently breach their duty of care by doing so.
The Experience, Knowledge, and Tenacity To Prove Negligent Driving In Car Accident Lawsuits
Proving that another driver acted negligently is just one element of a successful car accident injury claim in Colorado. The experienced Colorado Springs car accident attorneys at King & Beaty know all that it takes to get the maximum amount of compensation available for those injured by other drivers’ negligence and recklessness.
