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Injured by Carelessness?

If you were injured by someone else’s carelessness you may be entitled to damages but first you must prove negligence, and here are the keys: First is duty. For cases involving noncommercial drivers the injured party must establish the duty of reasonable care was violated. That means drivers must obey the rules of the road and drive defensively. Commercial drivers, like taxis, bus, or truck drivers, are required to maintain a duty of utmost care, a higher standard. That’s why its easier to win cases involving commercial vehicles. Breach is a fact question which the jury must decide because not all careless behavior constitutes a breach of duty of reasonable care. Let’s take speeding, one or two miles per hour over the speed limit may not breach the duty of care standard. Anything more than that probably does. How about distractions, adjusting the mirror or the AC probably is not a breach. Eating or talking on the cell phone may very well be. Alcohol, unlike speed or distraction, any alcohol use probably breaches duty of reasonable care. The third element of negligence is cause. There must be a direct connection between the negligent person’s action and the victim’s injury. Next is proximate cause. The victim’s injury must be a foreseeable result of the negligence. And five is actual injury. Near misses may cause emotional distress but are usually not actionable. If you have been injured by someone else’s carelessness, you need aggressive attorneys, contact Oldham&Smith.