Learn how understanding negligence can help determine the fault in an accident.
Kelly & West Attorney's, P.A. have released a new post on understanding how negligence can be to blame for a car accident. Accidents happen and are sometimes unavoidable; Kelly & West Attorney's, P.A. breaks down how negligence may be to blame for a car accident.
Negligence refers to conduct that falls below the standards established by the law, resulting in risk or harm to others. In simpler terms, it mostly consists of carelessness. Negligence can be committed by carelessness or the non-performance of duties. There are various types of negligence, such as those seen in automobile accidents, the lack of concern for hazards on a property, medical settings, and the workplace. Some causes include texting and driving, reckless driving, medical personnel administering the wrong medication or treatment, and ignoring hazards in public spaces or the workplace.
Two terms often mentioned are contributory and comparative negligence. Contributory negligence remains recognized for personal injury law in only four states, with North Carolina being one of them. It prevents individuals from recovering any money in a personal injury lawsuit if they had any fault in the accident, even if it was just 1%. Comparative negligence, on the other hand, allows the fault to be distributed between both parties. For instance, if the injured person is 25% at fault, they could receive 75% of the damages. Further explanation of these two concepts can be found in the post.
Here are a few examples Kelly & West offers to help better understand negligence:
Driving through a green light when another driver runs a red light at a busy intersection, leading to a collision and causing injuries to the driver and passengers.
While shopping at a local grocery store, someone slips and falls on shattered glass that has been left unattended for 30 minutes without any "wet floor" sign in sight.
Despite being aware that their dog is aggressive and has been bitten before, someone brings their dog to a public park. The owner allows the dog to get close, and the dog attacks, causing injury.
A common thread in these examples is that someone failed to take action or fulfill their responsibilities. For instance, a sign or caution about danger was not provided, previous complaints about the hazard were ignored, similar acts had previously received citations, or claims of broken or damaged property were disregarded. Determining negligence can sometimes be challenging, so it is crucial to consult a lawyer. If uncertain about whether an accident was caused by negligence, feel free to contact Kelly & West for a free consultation.
Kelly & West Attonrey's P.A. offers a combination of knowledge and experience to help solve any case. Understanding the law, hard work, and years of experience can certainly make a difference in the outcome of a case.
