By Chesley Payne
Until the day comes when computers drive our vehicles, each licensed driver on the road owes a duty to every other driver to avoid negligently causing an automobile accident.
“Negligence” is a legal standard that states there has been conduct by someone that falls below the duty of care a reasonably prudent person would be presumed to follow. Negligence can take many forms.
While most people are aware of a driver’s negligence in causing an accident, other forms of negligence can involve equipment failure on a vehicle or a business’ liability for over-serving alcohol to an individual. In most instances, an automobile accident involves issues of property damages. Usually, these issues can be handled by the individuals’ insurance companies.
However, in those circumstances in which a person is injured, the law allows an injured person a cause of action to recover damages allowed under the law. These damages can include lost wages, medical expenses, pain and suffering, mental anguish and, sometimes, punitive damages. In these circumstances, it is usually a good idea to speak with an attorney to determine your rights and possible damages you may be entitled to receive. Often, these claims are settled without the necessity of a lawsuit. In those cases in which a lawsuit must be filed, it is important to contact an attorney as navigating the various claims, types of damages and different forms of insurance are beyond what most people deal with a regular basis.
Remember, it’s your legal right to compensation that is at stake. Don’t let these rights go unexercised without the advice of an experienced attorney.