Accidents Caused by Negligence
Don’t Pay the Consequences of Someone’s Careless Act
Negligence is the failure to use reasonable care. Injuries are most often caused by someone’s failure to act, or from someone acting carelessly. You should not have to bear the burden of someone else’s negligence, which is why many personal injury lawsuits boil down to the plaintiff trying to prove the negligence of the defendant. Demonstrating this in a legal setting requires investigation, evidence, and testimony backing up your claim. Trying to do this yourself while also recovering from an injury is a stressful and difficult task. Thankfully, you can reach out to a capable Palm Springs personal injury attorney at Barry Regar APLC. We can do the legwork for you and let you focus on healing while we craft a legal strategy.
To discuss your case at no charge, call (760) 440-5643 and schedule a FREE consultation at our firm.
Types of Negligence
- Gross Negligence: Negligence that is identified by a person's conduct or lack of conduct that presents an extremely high and unreasonable risk of harm to the other people involved is classified as gross negligence. Generally, this type of negligence is considered to be a failure to execute the required level of care - or any care at all - in the efforts made to protect someone else from being harmed.
- Comparative Negligence: More than one person can be legally at fault for causing an accident that resulted from negligent conduct. Comparative negligence is that degree of responsibility for the accident that can be attributed to one party who sues another for a personal injury alleging that the other party was the negligent cause of his or her injury. Essentially, comparative negligence balances the level of responsibility between two parties who may have both been partially a fault for an accident that caused injury.
- Criminal Negligence: Standards of care have been strictly outlined among professionals in their respective fields. It is when these standards of care are grossly overlooked or deviated from that the other individuals involved are put at high risk of being injured or harmed in some manner. When these acts are considered to be so far out of bounds from the norm from what they should be these actions can be classified as criminal in nature. Criminal negligence is a crime. To be convicted of this crime the DA must prove that the defendant acted in such a reckless manner that he or she created a high risk of death or great bodily injury to the victim and that the acts showed a disregard for human life or an indifferent attitude toward the consequences and that a reasonable person in similar circumstances would have known that the acts will naturally and or probably cause harm to other persons.
- Contributory Negligence: In some cases, the defendant being accused of negligence is not entirely to blame for the incident that caused a plaintiff's harm. When the plaintiff is partially to blame, the case may be classified as one of contributory negligence or comparative negligence as described above.
- Negligence per Se: Violations of a statute, particularly those statutes that have been designed for the sole purpose of protecting the public's safety, are matters of negligence per se. This means that a jury could be told that a defendant violated the speed limit when he caused the accident. The injured party doesn't have to prove that speeding was negligence since the jury is told by the judge that the speeding was, Negligence per se, meaning it has already been established as negligent behavior.
How to Prove Fault
Claims of negligence require very specific conditions to be met. In fact, if each one of the following aspects cannot be proven sufficiently by a plaintiff and his / her attorney, the negligence claim will not be won in court.
- The defendant owed a legal duty to the plaintiff
- The defendant failed to fulfill his / her legal duty that was owed to the plaintiff ( driving safely)
- The defendant's actions caused an accident, injury or illness to the plaintiff
- The plaintiff suffered injuries or harm to some degree
At Barry Regar APLC we can review your case and determine what type of negligence may have played a role in your accident. Contact our Palm Springs personal injury lawyer today for a free consultation.