Road accidents are situations that anyone behind the wheel wants to avoid, however, in the United States there are still many cases in which more than one person is affected by car accidents.
Even if you are a cautious person when driving, you can always have the misfortune to cross your path with a negligent driver who causes some type of accident and, therefore, affects you directly, either in physical damage or materials.
Before filing a negligent driving lawsuit, you should know some essential elements to have a strong case that gives you the results you are looking for.
What are the Types of Driving Negligence?
When people get behind the wheel, they have a responsibility to ensure that their actions do not pose a danger to other motorists. There are some attitudes that predispose accidents or other accidents to happen.
Accidents caused by negligence are mostly related to:
- Driving under the influence of alcohol or drugs: One of the most common reasons car accidents happen is due to negligent drivers who get behind the wheel drunk or stupefied. By not having their five senses on alert, they can more easily lose control and cause accidents.
- Distracted Driving: Even if a driver is not under the influence of substances, but their attention is not completely focused on the action of driving the vehicle, they can cause an accident by not being as responsive as a road-conscious person would be. Cell phone use, loud music, or even being distracted by another person are the main types of careless driving.
- Tired Driving – In the same case as a person driving while distracted, a tired driver poses a danger to others on the road. Driving while tired is considered a negligent action since the chances of an accident are consciously increased, which makes you responsible for any situation that occurs.
- Speeding: Exceeding speed limits can result in more than a violation. On many occasions, the worst car accidents are due to negligent drivers who exceed the limits established on conventional roads or highways.
What are the 4 Elements a Reckless Driving Lawsuit Must Include?
Each lawsuit or legal action must include the necessary elements so that it is approved by the relevant authorities and can bring positive results to any person. There are several aspects to take into account, from the degree of responsibility to the damage that can be verified before the authorities.
Especially the elements that a lawsuit against a negligent driver must have are:
- Driver Responsibility – Each person behind the wheel has a responsibility to ensure that their actions do not pose a danger to other drivers or pedestrians.
- Driver Liability Gap – When a negligent driving lawsuit is filed, it should be noted how the driver's liability is being breached and how this affects or may cause an accident.
- Causes and evidence: one of the most important parts in a lawsuit is the evidence that the interested party has about those responsible and that demonstrates the driver's guilt regarding the damages or injuries that may occur. These evidences must coincide with each cause that is determined within the demand.
- Damages and Compensation: Any compensation obtained once a negligent driving lawsuit has been won may or may not be proportional to the total damages established. Some damages can be ruled out in specific cases due to lack of evidence or because a real cause cannot be proven for them.
- When filing your claim, here are some of the main things to keep in mind to ensure you have the best chance of getting the results you're looking for.
How Can an Attorney Help You with Your Negligent Driving Lawsuit?
While you can file a claim with all four elements listed above, it is always recommended to have legal counsel in each case. Professional attorneys will not only have knowledge of the law, but will also know how to act in certain situations.
Some of the main aspects in which an attorney can support you in your negligent driving case are:
- Establish Your Case: Your attorney should have the experience to best determine your case in your favor. Keep in mind that each state also has a statute of limitations in which it establishes 1 to 3 years for claims for injuries or property damage, depending on the case.
- Gather Evidence: Part of a lawyer's job is to conduct a thorough investigation, gathering all the evidence necessary to support your claim.
- Negotiate with the parties: Since many times the opposing party will want to claim fewer damages, your attorney will need to skillfully conciliate to obtain the highest possible compensation for you.
- Represent you in a legal court: in the event that your claim is brought before a judge, your lawyer has the obligation to appear before him to fight for your interests and seek the best possible result.
- Having a reckless driving lawyer will make your job easier in every aspect of a negligent driving claim, so having experienced, professional legal counsel by your side could make all the difference.
Contact a Reckless Driving Lawyer Now!
If you are about to take legal action against a negligent driver whose negligence has affected you physically or financially, you can approach one of our attorneys at Nicolet Law Accidents & Injury Lawyers. We have a professional team that can support you in your case.
You can call 715-200-3843 now, or provide your information through our online contact for a free consultation on your negligent driving case.