Negligence is the most important aspect of road traffic accident claims that involve injuries. If someone is injured in a crash and believes another driver is at fault, they must show that the other party was negligent.
To establish negligence, four fundamental elements must be present. Each plays a vital role in supporting a claim.
Duty of care on the road
Every driver has a legal duty to act with reasonable care. This means following traffic laws, paying attention and avoiding behavior that could harm others. For example, all drivers must obey speed limits, signal properly and stay alert behind the wheel.
Breach of that duty
Once a duty of care is established, the claimant must show that the driver breached it. A breach occurs when a driver fails to act as a reasonable person would. Examples include texting while driving, running a red light or following another vehicle too closely.
Causation and resulting harm
The next step is proving causation. It must be clear that the breach of duty caused the crash and the injuries. In other words, if the driver had not acted carelessly, the accident would not have happened.
Finally, there must be real harm or damage. This could include physical injuries, property damage or emotional distress. Without a measurable loss, a claim for negligence cannot succeed.
Negligence in traffic accidents involves more than just careless driving. A valid claim needs all four elements: duty, breach, causation and harm. These principles help determine who is legally responsible when collisions occur. For more information, you should seek legal guidance.
