Auto accidents happen every day and every day someone is injured because of another’s negligence. Negligence is determined by the “reasonable person” standard. In order to meet this standard, a person must exercise “reasonable care under the circumstances” and when someone fails to exercise reasonable care, they are considered to be negligent. When someone is negligent behind the wheel of an automobile and causes an accident, that person may be obligated to pay for another’s personal injuries and property damage. This negligence may be in the form of choosing to get behind the wheel of a car while intoxicated, failing to focus on the road by texting and driving or even failing to make appropriate repairs which leads to an accident.
In order to prove a negligence claim, the person bringing the claim, the Plaintiff, must prove the following:
- Duty to act as a reasonably prudent person would under the same or similar circumstances
- Breach of that Duty
- Actual and Proximate Causation
- Damages
To add a layer of complexity in these issues, insurance companies will do all they can to protect their profits and move to get a settlement from the injured party as quickly as they can. They will offer to pay some form of damages for the promise of signing an agreement to not pursue further legal remedies. No one should ever feel pressured to sign any legal documents without first consulting with an independent attorney.
Securing the aid of a lawyer is extremely beneficial in both proving the essential elements needed in a negligence action as well as to insure you receive the full compensation you deserve. Contact the attorneys at Blake Scoggins, LLC to schedule a free consultation so that we may examine your Personal Injury claim. Our number is 770-877-2258 or visit our website at www.blakescogginslaw.com.
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