Who was negligent for your car accident? Negligence is a legal theory used to determine who is liable for causing a car accident. This means that if you are involved in a car accident and sue the other driver, or are sued, the focus of the case will be decided on negligence. What is negligence exact? It's not the definition you'd read in a regular dictionary. In car accident cases, negligence has a legal definition.
What is Negligence?
Your Camden NJ car accident lawyer will go into more detail, but for now is the basic legal definition. Negligence is the failure to act as a responsible person would in the same and/or similar circumstances. This means all drivers have a responsibility to follow the rules of the road when operating a motor vehicle.
For example, one of the rules of the road is not causing a car accident. When a driver fails to act as a responsible driver in the same and/or similar situation, they are deemed liable for the car accident. In other words, they owe you money for causing your injuries and/or vehicle damage.
New Jersey Negligence Claim Elements
The state doesn't take your word for that the other driver caused your car accident. Instead, the state requires you to prove negligence by using specific elements. These elements are used in conjunction with evidence to prove that the other driver caused the accident. New Jersey lists four elements that your New Jersey car accident lawyer must use to prove negligence. These elements:
1. Legal duty
2. Breach of the legal duty
3. Causation
4. Damages
Legal Duty Means the At-Fault Driver had a Legal Obligation to Protect You
Each driver in New Jersey has the legal duty to operate a motor vehicle and get to their destination without causing an accident or injuries. However, the driver only has a legal duty to protect people in proximity to them. For example, if you are in the zone of danger, which is driving in front of a driver and they crash into your car, they owe you a legal duty. The driver doesn't owe a legal duty to anyone in the next neighborhood because they are operating a motor vehicle. Thus, your car accident lawyer must prove that the other driver owed you a legal duty.
The Other Driver Violated Their Legal Duty to You
Once legal duty is established, your Camden NJ injury lawyer must show that the driver breached their legal duty. This means they violated their legal responsibility to protect you by traveling from one place to another without injuring you or causing property damage. This is done by showing that the accident happened.
The Driver Caused the Car Accident that Led to Your Injuries
The New Jersey law assumes that you were injured, but the other driver didn't do it. Thus, your lawyer is responsible for connecting your injuries and property damage with the other driver's actions. Proving causation can be done in two ways: indirect and direct cause. Indirect cause means that the driver did something to cause the accident, but didn't hit your vehicle. Direct cause means that the driver did cause the accident such as hitting the back of your car or running a red light.
The Driver Owes You Money
The last negligence element is damages. This is where your car accident lawyer presents evidence such as medical bills, lost wages and property damage. You may even sue for non-economic damages such as pain and suffering and mental anguish. All elements must be proven to win your case.