Many motor vehicle accidents are caused by negligence. The legal theory of negligence identifies actions and omissions by individuals that may result in injuries to others. For example, in Ohio an injury-causing motor vehicle accident may be caused by a driver who speeds, which based on the circumstances may be considered a negligent act.
When determining if a party was negligent in causing another person’s injuries, a court may look at if the purportedly negligent individual acted reasonably. If a person responds to a situation the way a reasonable person would, then it may be found that they also acted reasonably. If, though, the individual acts unreasonably then they may be liable for the harm that they cause to others.
Many different types of actions and behaviors may be deemed negligent when it comes to motor vehicle accidents. A driver who operates too fast for weather conditions, such as speeding on icy or wet roads, may be unreasonable and responsible for the accident they cause. Similarly, a driver who chooses to read emails or send text messages as they drive down the road may be found negligent for their unreasonable driving choices.
A personal injury case built on negligence requires an injured party to show not only that the responsible party acted unreasonably, but also that their actions were the cause of the harmed party’s losses. Causation and damages are generally included in a pleading for the recovery of a motor vehicle accident victim’s losses.
Personal injury claims based on negligence and other theories of law can be complicated and may require extensive elements of proof in order to persuade courts of their validity. The help of attorneys can be an important part of victims’ preparations to seek financial recompense for their accident-related losses.