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."
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.
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.
A lack of maintenance may lead to a mechanical issue or failure while the truck is on the road. A mechanical problem could cause a truck driver to lose control of the vehicle and trigger devastating accidents.
What is gross negligence? If you can prove it, you can likely recover more compensation for your injuries. Learn more here...
The Ford F-Series takes the trophy as not just the deadliest pickup truck, but the hands-down deadliest vehicle on the road. It’s the deadliest vehicle in nearly every state in the country, including Texas.
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.
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 from Bellingham, WA lawyer Bill Coats.
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, click here.
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.
