Legal Negligence in Car Crashes

What is Negligence in a Car Accident, and Who Is Liable?

The term “car accident” is misleading, as the term “accident” generally implies that no one is to blame.  While no one necessarily sets out to cause a car crash, the fact is that almost all car crashes are the result of some type of negligence.

Negligence is a legal term. Briefly, it means that one person had a legal duty to another person, and that such duty was breached. In layman’s terms, when driving, we all have a legal duty not to cause an accident by hitting another person with our car. As part of this duty, we must drive safely, which means that we should do a number of things such as:

  • observe the speed limit, traffic control signs, and traffic control devices, such as stoplights
  • look in our rearview mirror and behind us before backing out
  • look in our mirror and blind spots before making a lane change
  • make sure that we are watching for pedestrians who may cross the street.

These are only a few of the things that all drivers must do in order to drive safely.

To prove negligence in a court case, the plaintiff (the injured person), must show that the person causing injury (such as the other driver), had a duty to drive safely and failed to do so in some respect, and that such failure directly led to injury and damages. For example, an injured plaintiff may introduce testimony from witnesses that another driver was speeding and ran a red light before crashing into the plaintiff’s car.

In this example, a jury would be entitled to find that the defendant driver was negligent by speeding and running a red light, and that if not for these actions, a crash would not have occurred. Therefore, the jury could then award damages to the injured plaintiff for whatever damages may be proven.

Multiple Defendants

In some car crashes, there will be more than one defendant liable. For instance, a driver who became drunk as the result of being overserved alcohol at a bar may be liable for causing a car crash. Under what is known as “dram shop” law, the bar may also be partly liable for the crash. In this case, a jury is entitled to allocate liability between the drunk driver and the bar based upon the evidence introduced at trial.

Both Drivers May Be at Fault

In some car crashes both drivers may be at fault. For instance, in a collision at an intersection, one driver may have ran a red light while the other driver was speeding. In this case, a jury would also be entitled to allocate fault among the two drivers, who very well may be suing each other.

How I Help Injury Victims Prove Legal Negligence

As a car crash injury lawyer, I represent the victims injured by negligent drivers.  I work diligently to prove liability and obtain for clients the full measure of damages to which they are entitled. If you’ve been injured in a car crash, please call me to schedule a free, no-obligation consultation to learn about your options for seeking compensation and how I can help you.

Client Review

Mark took over my car accident case from another attorney that I fired. Mark worked hard on the case for several months to get ready for trial. Shortly before trial he got a settlement that was six times more than the offer my first lawyer tried to get me to take.

Jerry C.

 

CLICK HERE to view our case results.

 

What Our Clients Say

Mary, Bart, and Mark helped me tremendously with my workers compensation case. We navigated a long (over a year) road together and they helped me to not only win my case, but obtain a settlement of over $125k. I would recommend the Offices of Mark Hurt to anyone needing someone to stand with them in their corner! Thanks again Mary and Bart!! :-)
Charles Dutcher
Charles Dutcher
1685471585
Extremely pleased with the prompt support and guidance from Michael. He and the office staff were great to work with. They walked us through the process and were able to have my daughter's traffic violation dismissed with 0 points.
ga thomson
ga thomson
1684936164
Bart and Mary were very professional and helpful with my claim. I appreciate all that you did for me. You were great.Thanks forall that you've done.Clifford E Boyer
Clifford Boyer
Clifford Boyer
1683668004
I started receiving services through this law firm in 2017 for my workers compensation case. Over the years, this firm has been attentive, kind, patient and understanding to my needs. My calls were returned promptly, if the associate was unavailable at that time and I have had ample opportunity to speak with Mr Hurt directly concerning my case. With Mary Wilson, Bart Conway, Mr Hurt and others behind the scene, my case has progressed smoothly. I am very pleased with the services and attention I received at this firm and would recommend Mr Hurt, Mary and Bart for your needs.
Teresa Harris
Teresa Harris
1683569779
We hired Mr. Hurt to help settle a worker’s comp injury case for my husband. Mark, Bart, and Mary worked tirelessly to resolve his case and reach a settlement we were pleased with. They were always available to answer questions and returned calls in a timely manner.
K F
K F
1682489385
We were fortunate to find the Law Offices of Mark T. Hunt to help us set up our estate. Melanie was a joy to work with. She did a wonderful job putting together all of the documents needed to complete our estate planning.
Roxanne Mcfall
Roxanne Mcfall
1681766365
The office got right back to me and were compassionate about my sensitive situation
polly deal
polly deal
1680754180
Jessica was helpful in assisting me with my disability claim!
Amber Snapp
Amber Snapp
1680618358
Jessica was super helpful when I had questions about submitting my claim for disability. She also got me a case manager quickly!
Amber Petrovich
Amber Petrovich
1680618228
I have only praise for the Mark T Hurt firm and especially Michael Miles. Michael was very helpful in guiding me through the court process ans assuring a good outcome. I would recommend this firm and Michael in particular if you need representation in Virginia!
Dave Dalpiaz
Dave Dalpiaz
1680114987
I called and spoke with Jessica in the Disability Dept. after my Denial and she was right on top of getting me the paperwork to Hire them as my Representatives to Handle my claim from here on out
Allen Smith
Allen Smith
1679416063
Jessica was extremely helpful at assisting me with getting me in the process to file my disability case.
Jason Harris
Jason Harris
1678138281
Thank youJessica from the Social security DeptU were very Helpful
Christal Postema
Christal Postema
1678134153
Jessica in theSoccial Secuity Dept was great
Bryon Nimmo
Bryon Nimmo
1678130439
I spoke with Jessica and she was fantastic! She helped me get my social security disability application started and set up with a case manager.
Rebecca Hunt Ford
Rebecca Hunt Ford
1678128980
Jessica @ Social Security Department was very helpful and friendly with us today.
Winonia Blankenship
Winonia Blankenship
1678125271
I had a ticket and was upset. I did not want points on my license. Frankie was amazing and made sure all my bases were covered. The Law Office of Mark Hurt did a wonderful job and got my ticket completely dismissed!!!! I am so glad they helped me. They were so nice and answered all my questions. I never had to worry after I talked with them. I would highly recommend that anyone who needs help with a ticket to talk with this firm!! Thank you so much for everything!!!
Nichloas Wyatt
Nichloas Wyatt
1677981214
Jessica in Disability is awesome!! She replies quickly and gets things done. I’m very satisfied with my choice and feel great that it is in their hands!
laura dykes
laura dykes
1677875154
The individuals I spoke with were courteous, helpful, and thorough. Thank you Jessica.
RoseMarie Whisnant
RoseMarie Whisnant
1677785574
Jessica and the disability dept are very helpful and give excellent assistance with filling a claim very glad I contacted them
Jessie Hawks
Jessie Hawks
1677680471
Was very easy process. Jessica was very friendly and helpful while applying for Social Security Disability.
Darlene Robinson
Darlene Robinson
1677623644
Thank you so much Jessica for helping me with my social security disability case! You were kind, helpful, and understanding. I greatly appreciate you!
Kelly Bragg
Kelly Bragg
1677613932
Jessica and the group started helping me with my disability case the same day I called. 10/10 recommend
Brittany Poole
Brittany Poole
1677612031
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