Motor vehicle accidents are common occurrences on Mississippi roads. In Meridian, residents may suffer delays to their travel and other inconveniences due to fender-benders, crashes, and other forms of accidents. There are many reasons that car accidents happen, but at the heart of many is the concept of negligence.
Negligence is a legal theory that assigns liability to a party based on their actions towards others. This post will break negligence down into its elements and discuss how it often relates to motor vehicle accidents. Readers may use this post as an informational introduction to the topic, but no reader should interpret this post as specific legal advice. All advice about specific motor vehicle accident cases should be sought from knowledgeable Mississippi-based personal injury attorneys.
What is negligence?
As stated, negligence is a legal theory that revolves around the assignment of liability in personal injury cases. Negligence presumes that the parties to a personal injury case have duties of care with respect to each other. For example, when a driver gets behind the wheel of their car, they have a duty of care to all others that they encounter that they will act reasonably given their circumstances as a driver.
With their duty to others, a driver is expected to follow the rules of the road and operate their vehicle responsibly. If they fail to do so, they may breach their duty to others. If their actions cause an accident and result in damages and injuries, they may be liable to their victims for their losses. Duty, breach of duty, causation, and damages are all elements in negligence claims.
Why does negligence matter?
Negligence matters to many personal injury cases because it provides a theory on which a victim may plead a case under the law to recover what has been taken from them due to the actions of others. Many personal injury accidents including those that happen on roads and highways are caused by individuals acting irresponsibly and negligently.
It may be difficult for a victim of a motor vehicle accident to build a negligence case on their own. When an accident happens, it is important that a victim takes care of their health and wellness to ensure that they are able to recover from their injuries. When they are able, though, they can benefit from speaking with a personal injury attorney who can help them understand the laws that concern their situation in what options they have to seek compensation for their losses.