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Negligence

What does negligence mean?

The law of negligence requires people to behave in a manner that conforms to specific standards of conduct. Where a person's actions violate those standards, the law requires the person to compensate anyone who is injured as a result. In some instances, the law of negligence also covers a person's omission to act.

In tort law, which includes all negligence cases as well as intentional wrongs which result in harm, negligence is defined as "conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm."

The elements of negligence

In a successful negligence claim, the injured person, called the plaintiff, must show that each of the following factors, or elements, was present:

(1) a duty of care owed by the defendant to the plaintiff;

(2) a breach of that duty;

(3) an actual causal connection between the defendant's conduct and the resulting harm;

(4) proximate cause, which relates to whether the harm was foreseeable;

(5) damages resulting from the defendant's conduct.

Duty can arise from all types of circumstances. For example, a driver owes a duty to other motorists to drive safely, maintain control of the vehicle, and observe the rules of the road. By running a stop sign, the driver breaches that duty. If someone was injured as a result, the injured party could argue that the breach was both the cause in fact and proximate cause of the injuries.

Have you been injured due to negligence?

The outcomes of personal injury cases depend on various factors, but having the help of a good injury attorney can make the biggest difference. Even if the facts are on your side, it takes the expertise of a lawyer to properly present your case and file the necessary processes. If you want information and feedback on a potential personal injury claim, you can have an attorney review your claim at no initial cost or obligation.

 

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Everett-Bellingham WA
This one device can help keep drunk drivers from doing further harm(link is external)

This one device can help keep drunk drivers from doing further harm(link is external)

About the size of a cell phone, an ignition interlock device is wired into the ignition system of a drunk driver's car. To go anywhere, the driver must blow into the device and register no alcohol on his or her breath. If there's a measurable amount, the car will not start. Does this device work? Yes, and here's how(link is external). 

Everett-Bellingham WA
A staggering number of people are on their cell phones while driving at any given moment(link is external)

A staggering number of people are on their cell phones while driving at any given moment(link is external)

660,000. Recent statistics show that's how many people are on their phones while driving at any given moment. Not only is this becoming increasingly illegal by state law, it also means that a texting driver is 25 times more likely to get in an accident. Click here to learn more staggering statistics on distracted driving(link is external) from Bellingham, WA lawyer Bill Coats. 

Everett-Bellingham WA
Want to avoid a DUI? Try these tips(link is external)

Want to avoid a DUI? Try these tips(link is external)

There are the old-fashioned methods of crashing on a friend's couch, or designating a sober driver. Modern technology such as apps for our ubiquitous smart phones is another way to make sure no one gets behind the wheel while drunk. Bellingham lawyer Bill Coats of Bill Coats Law works for the victims of drunk drivers on Washington roads and has a few ways we can all drive safer. For tips on avoiding a DUI(link is external), click here. 

Everett-Bellingham WA
What if the negligent driver hit you and doesn't have insurance? You have options.(link is external)

What if the negligent driver hit you and doesn't have insurance? You have options.(link is external)

It's  yet another shock after someone crashes into you to learn that they don't have insurance at all, or not enough to pay for your losses. Yet about a quarter of drivers on Washington State roads don't carry insurance at all, even though it is a state law that they must. But this doesn't mean that you are stuck with the bills for an accident that wasn't even your fault. Click here to learn what to do when the negligent driver doesn't have insurance(link is external).

Everett-Bellingham WA
A heartbreaking case of negligence in a wrongful death claim(link is external)

A heartbreaking case of negligence in a wrongful death claim(link is external)

Negligence(link is external) can come in so many forms, but in essence means that someone was supposed to do something in a certain way, and did not. This heart-breaking case shows how a personal injury lawyer in Bellingham, WA worked on a wrongful death claim for a child killed because of a long chain of unfortunate events that could have been prevented if not for a government official's negligence.

Everett-Bellingham WA
Negligence is the key issue in most personal injury cases(link is external)

Negligence is the key issue in most personal injury cases(link is external)

Negligence is one of the biggest factors in personal injury - otherwise known as tort - cases. The idea behind negligence is the belief that every member of society is supposed to act responsibly and avoid putting other people at risk – much like the golden rule. Every time someone is hurt doesn’t automatically mean negligence was involved, however. So it’s up to the plaintiff to show that a reasonably prudent person in the defendant’s position would have done things differently under those same circumstances, and that would have avoided the problem in the first place. To learn more about negligence and how it factors into personal injury claims(link is external), click here.

Everett-Bellingham WA
You have options if a speeder hit you(link is external)

You have options if a speeder hit you(link is external)

Speed limits are not just recommendations, but established rules that all drivers are expected to follow while operating their vehicles on public roads. Many factors are considered by the engineers who set the limits, such as the road’s characteristics; how wide the shoulder might be, if there is one at all; road grade; and the length of a driver’s line of sight. The limits are set very carefully after an assessment of all these factors, and are meant to keep everyone safe and maintain a healthy flow of traffic as much as possible. However, some drivers speed, and statistics reflect this, and this increases the liklihood and severity of a crash. If you have been hit by a speeding driver(link is external), you have options.