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3 common types of negligence in a car accident case

When a plaintiff is hurt in a crash, he or she will likely incur stiff medical bills and other financial costs. If the plaintiff can prove that another party's negligence was to blame for his or her injuries, then the plaintiff can seek financial restitution in civil court by filing a personal injury claim to recover the costs associated with those injuries. For this reason, the vast majority of Montgomery, Alabama, personal injury claims relating to car accidents boil down to one very important element: negligence.

Generally, negligence is defined as a defendant's failure to take reasonable action to prevent injury or harm to others. In this context, "reasonable" refers to what the average person would be inclined to have done given the circumstances. This article will highlight three of the most common types of negligence relating to driver error or misbehavior in a motor vehicle accident case:

1. Disobeying traffic signs or signals

When a motorist drives through a red light, traffic light or does not pay attention to other roadway signage and postings, injurious and sometimes fatal accidents can result. In most cases, it would be difficult to prove that a motorist intentionally chose to ignore a signal or traffic sign. However, if it is clear that the motorist drove through a stop sign or red light, then it is also clear that the motorist was - at the very least -- negligent in paying attention to his or her surroundings, and that negligence caused harm to others.

2. Failing to use a turn signal

As with the negligence described above, in a case where someone did not use a turn signal, we have another example of a situation where someone likely did not commit the error on purpose. However, the failure - whether it was intentional, out of laziness or simply forgetfulness - would constitute negligence. Failing to use a turn signal is clearly an example of a person who failed to take a reasonable effort to prevent accidental harm to others.

3. Failing to drive at an appropriate speed

Speed limits exist to limit the chances of getting into a car accident. No speeder intentionally tries to get into a car crash, but failing to follow posted speed guidelines would certainly point to a driver's negligence to take reasonable precautions to prevent injury to fellow drivers and passengers. The same is true if weather conditions dictate that a driver reduce his or her speed to stay safe. Failing to drive appropriately given existing weather conditions constitutes a form of negligence.

Montgomery drivers and passengers hurt in serious car accidents can pursue legal claims to seek compensation for their injuries. If successfully navigated, such a lawsuit could bring an injured claimant money to pay medical care, lost income, permanent or temporary disability, legal fees and other categories of damages.

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