Car accidents are downright scary. Depending on the extent, they can also be life-changing. If you are involved in a car accident that involves any damages – personal injury or property damage – it is in your best interest to bring in a lawyer. This is especially true if the accident was due to another’s negligence or carelessness.
Understanding negligence and the standard of care
Negligence is the basis for most auto crash cases. If you are sued or are suing another party for the accident, you likely have come across the term “negligence.” This is because negligence is the legal theory that’s applied in such cases.
Someone is said to be negligent when he or she acted carelessly or thoughtlessly, and as a result of their behavior, another person ends up hurt or with property damage. One can be negligent by acting in a way that they shouldn’t, like running a red light, drunk driving, speeding, aggressive driving, or by not doing something that he or she should have done like yielding, turning on lights while driving at night, or stopping for pedestrians.
A driver must use care to not injure other road users (including motorists, pedestrians, and passengers). If a driver isn’t reasonably careful and hurts another in the process, he or she is responsible for injuring the victim.
As mentioned earlier, the other driver needs to have acted unreasonably and caused your injury before you can file a claim for compensation for your losses. Basically, you need to prove that all four elements of negligence were present first. You must show:
- The defendant had a duty of reasonable care
- The defendant breached or violated the duty of care
- The defendant’s action led to your injuries
- Your injuries can be compensated with monetary terms
Proving these elements of negligence is usually the hardest part. This is especially true if you lack any legal knowledge because you will need evidence to confirm that the defendant was at fault. Even if your case doesn’t make it to court, the insurance company will still need to see the evidence. And since the defendant’s insurance company doesn’t gain anything paying you, they may offer an unfair compensation or refuse to pay you altogether.
Calling a lawyer after the accident
That’s where Orlando car accident lawyer Walter Benenati comes in. The lawyer will not only analyze the case and recommend the best course of legal action; he will also ensure that all your interests are safeguarded. With such a lawyer by your side, you won’t need to worry about the legal process because he’ll take care of all the legwork for you.
When the accident involves serious injuries, death, police report, construction zone, lawyers, fault, additional parties, insurance issues, or any other complexity, you need to call a lawyer. Other times when a lawyer should be considered include:
- Not sure of your rights
- Accident’s fault may be a problem
- Not sure about your policy
- Not confident if your insurer is acting in good faith
- Stuck in negotiations with your insurance company