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Does A Negligent Driver Fail To Use Reasonable Care?

Due to the absence of the expected level of care, the negligent driver makes an accident more likely to happen. After a collision has taken place, the opposing driver could allege negligence on the part of the other motorist, and could do so at more than one specific time. A charge of negligence could be made during the claims process, or in court.

Essential elements of claim that the other driver committed negligent behavior, during the moments before the accident

Evidence of the fact that the defendant was supposed to be exercising extra care at the particular time

Evidence of the fact that the defendant was not as careful as he or she was supposed to be

Proof that the breach committed by the defendant had caused harm to the plaintiff/victim

Proof that the plaintiff suffered a measurable loss, as the result of the accident-linked harm to his or her physical condition, or to his or her financial position.

Possible defenses to a charge of negligence

If the plaintiff were to be found partly responsible for the accident, or the resulting injury, then he or she might be declared guilty of comparative negligence. In those states that adhered to that specific principle, that particular charge would mean a reduction in the size of the plaintiff’s compensation or court-ordered judgment.

On the other hand, if the 2 opposing motorists had become involved in a collision in a state that adhered to the principle of contributory negligence, the outcome would be different. In that case, the plaintiff would not win a single cent, either as compensation or as a court-ordered judgment.

Another possible defense could focus on the victim’s behavior in the 24 hours that followed the injury-linked collision. If, during that specific period of time, the victim had failed to seek the services of a member of the medical profession, or had failed to visit a hospital or clinic, then that could be viewed as evidence of a failure to mitigate the injury’s effects.

That evidence might become the basis for a defense, one that could put an end to the plaintiff’s chances for winning the case. The plaintiff would not have the reason for the injury noted in a medical record. The absence of such a statement in the plaintiff’s medical record would eliminate any chance that the plaintiff’s lawyer might be able to fight the allegations from the defense team.

The personal injury lawyer in Waterloo must prove the link between the accident and the client’s injury. So, a client’s failure to mitigate the injury’s effects would provide the opposing party with grounds for a reasonable argument. A good defense attorney should know how to pose such an argument.