What Qualifies As Negligence In An Auto Accident Case?

Even the smallest distraction can be considered negligent driving in an auto accident case.

After being involved in a car accident, if you hope to avoid being held accountable for your damages, you must be able to show that someone else is responsible for causing the collision. You might assume the driver that hit you is at fault.

However, under certain circumstances, other parties may share the blame as well. For any auto negligence case to be successful, we must demonstrate how the elements of negligence have been met. With help from a reputable car accident attorney, you can build a powerful case against the at-fault party and maximize your financial compensation.

Defining Negligence and Proving Liability

The only way your auto accident claims can be successful is if your attorney can prove liability and negligence. The elements of negligence are as follows:

Duty of care – The accused party must have owed you a duty of care, meaning they had an obligation to keep you out of harm’s way or safe
Breach of duty – The accused breached that duty of care by making a mistake or failing to take action
Causation – The accused party’s conduct was the proximate cause of your car crash or resulting injuries
Damages – Your life was substantially impacted emotionally, physically, or financially due to the car accident

It is not unusual for multiple parties to share blame for a car accident. You will need to rely on your attorney’s investigation to uncover the identities of all those who may have contributed to your injuries.

Types of Negligent Driving

One of the most common causes of auto accidents is negligent driving. Any type of driving that may be considered unsafe could also be considered negligence. This does not only include obvious cases of negligence, such as drunk driving, distracted driving, speeding, or driving while fatigued. Here are some of the most common ways motorists engage in negligent driving:

Not Being Vigilant

Something as small as taking your eyes off the road for a second can count as negligence when in an auto accident. As a driver, it is your job to be paying attention to the road at all times. You are not supposed to take a break from watching the road to read something or even change the radio station.

Taking your hands off the steering wheel for any reason also is considered negligence. This could be something as simple as adjusting your seat belt, but if an accident results because of that, then you are considered negligent. The person bringing on the case must have some evidence that the driver was distracted when the auto accident occurred.

Not Following Traffic Rules

This is something that is easier to prove in the case of an accident. Traffic rules were made for a reason, and they are not merely suggestions. This includes the common mishap of speeding but also includes driving too slow.

If you ran a red light or stop sign and that caused an accident, this surely counts as negligent driving. Any time you are defying the laws that are in place for your safety, you are being negligent and will lose a case that is brought against you if an auto accident results.

Failure to Utilize Safety Features

The misuse or underuse of a car’s safety features in an emergency situation can make you a negligent driver. You want to make sure that all of your car’s features are working properly because if that is the cause of an accident, you will be at fault. If your high beams are on unnecessarily, it could blind another driver and cause an accident.

Not using your blinker when making a turn is another example of not using your safety features properly. Other examples include if you are driving with broken brake lights or if you do not turn your hazard lights on when something is wrong with your car.

Auto Part Manufacturer Negligence

Negligent drivers are not the only cause of auto accidents in Maryland. In fact, many car crashes are caused by defective or malfunctioning car parts. When auto parts are defective, they have the potential to cause life-threatening collisions. Some of the parties who could share liability for your injuries due to their negligent actions include:

Auto parts designers, distributors, manufacturers, and suppliers
Motor vehicle dealerships and executives
Motor vehicle parts safety inspectors
Auto technicians and mechanics

Whether these parties knowingly utilized low-quality or defective parts to save money or failed to issue recalls despite repeated complaints of part defects, your attorney’s investigation will gather the evidence we need to prove negligence so you can get the most out of your claim.

Negligent Government Agencies and Municipalities

In addition to negligent drivers and defective motor vehicle parts, it is not unusual for dangerous road conditions to cause devastating car accidents. However, you may be wondering how dangerous roads can be considered negligence.

The government agencies and municipalities responsible for maintaining the integrity of the roadways in Maryland can be held accountable when they failed to make necessary repairs or ignore repeated complaints of hazardous road conditions. For example, if there was a large pothole that multiple drivers had reported to the Maryland Department of Transportation or local municipality, and the party responsible for filling it failed to do so in a timely manner, they could be sued for the victim’s damages.

Have You Been Involved In An Auto Accident? Contact The Snyder Law Group Today

The Snyder Law Group, LLC, proudly represents clients throughout Maryland and Washington, D.C. Our experienced Baltimore attorneys understand the frustration that comes with an insurance company, medical professional, or other party that refuses to accept liability for negligent or reckless behavior.

You can take heart in knowing there are talented and experienced lawyers ready to work for you. We are experienced in handling personal injury claims of medical malpractice or injury resulting from serious car and truck accidents and have secured hundreds of millions in verdicts settlements*. Please visit our website, www.410thefirm.com, for more information and follow us on Facebook, Twitter, Google +, and LinkedIn.