Car Wreck Case- What is negligence by the other driver?
In a car wreck case, or any other case, “negligence” is the legal term for failing to exercise reasonable care and caution under a given set of circumstances. It is commonly referred to as “the ordinary, reasonable person” standard. Legal liability is assessed when a person fails to follow society’s most basic “rules of the road” so to speak.
Examples of negligence
Some examples of negligence might include:
- Running a red light and causing a car wreck.
- A hurried doctor who fails to follow correct protocol and thus fails to diagnose a curable disease.
- A nurse who fails to check the medical chart and who then dispenses the wrong medication.
- A store owner who fails to mop up a known puddle on the floor.
- A pharmacist who dispenses the wrong dosage of medication.
- A contractor who fails to adhere to building plans or skirts building codes.
- A child care center that fails to conduct background checks before hiring employees to care for children unsupervised.
- A lawyer who fails to file his client’s lawsuit before the statute of limitations expires.
Elements of Negligence in a Car Wreck Case
In a negligence case, a plaintiff is required to prove five elements:
- that a duty of care was owed by the defendant;
- that the defendant failed to live up to that duty (i.e. referred to as a “breach of duty”);
- that an injury or loss occurred;
- that the breach of duty actually caused the injury or loss; and,
- proximate or legal cause.
Would you like to talk with a Car Wreck Case Lawyer?
Please call our office at 901-372-5003 to speak with one of our experienced car wreck case lawyers. We would be honored to represent you.
Visit our website to learn more about the work we do representing victims of car accidents. We even have a “Frequently Asked Questions About Car Accidents” page you can visit to get answers to your basic questions.
WISEMAN BRAY PLLC
8001 Centerview Parkway, Suite 103
Memphis, Tennessee 38018
(901) 372-5003 Office
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