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How does the law determine negligence in a car wreck case?

Not too long ago, we mentioned in a blog post that a driver who acts in a negligent manner may be liable for any damages that result from the driver's negligence. How does this work? How does the law determine that someone has driven a car negligently? This blog post will provide a little more information on the topic of negligence, for the benefit of Orleans Parish readers.

Motorists owe a duty of care to others. Among other things, they are expected to keep a proper lookout while driving, to minimize the chances of a car wreck. If the driver was engaging in certain kinds of activities at the time of an injurious car accident, the injured party may argue that the driver breached their duty. These activities could include texting and driving or other activities indicating inattentiveness to the task of driving.

To bring a successful negligence case, an injured party must also prove that the claimed breach of duty was the cause of the injury. To do this, the plaintiff must prove that the injury was actually caused by the breach of duty. The plaintiff must also prove that it was foreseeable that such an injury could be the result of the breach. This area of law is complicated, and an attorney can help injured parties with the specifics of their case.

Finally, the injured party must prove that they suffered damages as a result of the breach. Often, car accident victims endure pain and suffering, medical expenses and more. Plaintiffs can bring claims against responsible parties. Many injured victims have won various kinds of damages for the injuries that they suffered due to another's negligence. At experienced attorney can review the circumstances of a particular case, and advise as to the types of damages that may be available.

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