What is the Legal Definition of Negligence?
Personal injury law suits often hinge on your lawyer being able to prove negligence. But what is negligence? How does the law define that term? In a nutshell, the term means failure to exercise the care that a reasonably prudent person would exercise under similar circumstances. Because every case and accident is different, the task of proving negligence often differs as well.
The basic idea under this law is to make it clear that every person should exercise reasonable care in the performance of any act or duty in order to prevent damages or harm to another person. This area of tort law refers to a person being careless and it does not include those who have intentionally caused harm.
A good example of negligence would be an accident caused by a driver who is talking on the phone. The driver knew full well that talking on the phone while driving could be dangerous. Their decision to drive and talk anyway may constitute negligence unless there were other mitigating factors.
We’ve all heard the stories on the news where a car full of teens just goofing around causes a major accident. It should be common knowledge to any driver that failure to pay attention to your driving could result in an accident. Because of their lack of driving and life experience, teenagers may think it’s okay and even fun to be laughing, playing and driving crazy. They are not aware of how dangerous a 4,000 pound automobile that is out of control can become.
Anytime there are drugs or alcohol involved, the legal system most often deems that as negligence since the average adult is fully aware that driving while under the influence is dangerous and could result in an accident. Other areas of negligence regarding auto accidents sometimes occur when an auto manufacturer is found responsible for cutting corners to save money during their manufacturing process.
A few years ago, many General Motors trucks were found to have defective gas tanks that would explode on impact often resulting in death or life-threatening injuries to those involved. The side saddle gas tanks were installed on pickup trucks from 1973 to 1989. In one of the well-known personal injury lawsuits, a 17 year old was killed by the exploding gas tank and his parents filed the suit. In order for lawyers to win a case like this, there are a number of things a lawyer needs to prove to a court of law. Was it foreseeable to the manufacturer that these gas tanks might cause harm to others?
When personal injury cases become this complex, it’s important to have an experienced law firm on your side. A qualified Fort Worth personal injury lawyer understands the complexity of the law and how it pertains to these and other issues.
At Zinda Law Group PLLC we are committed to doing whatever it takes to make sure you are fairly compensated for your injuries. We work hard to help you recover every loss associated with the car accident.
If you think you have an accident or injury claim, we urge you to contact our office. You can receive a no-cost, no obligation consultation to discuss your case with one of our attorneys. At Zinda Law Group PLLC, we are committed to providing every client with one-on-one attention and dedicated service. Call Zinda Law Group today.