When a car accident happens, one or more parties may be negligent for its occurrence. However, Wisconsin residents and others should know that negligence is a specific legal term with certain elements that must be fulfilled. For example, it must be shown that there was a duty of care that was violated. It also must be demonstrated that there was a financial loss caused by the negligence of another person or entity.
Generally speaking, all drivers have an obligation to act in a safe manner while on the road. If there is evidence that they were tired, drunk or driving too fast for the road conditions, this could be a violation of that obligation. In a car accident case, it would need to be shown that driver fatigue, impairment or other negligent action was the direct cause of a crash that caused a financial loss.
Other possible causes of negligence include following too closely prior to an accident or failing to obey a traffic control sign or light. If an individual is not mentally or physically able to drive, doing so despite his or her limitations could be interpreted as negligent. Video footage or other types of evidence may be used to prove that another person was negligent when a crash occurred.
Those are involved in a car accident may be able to receive compensation if the crash was caused by a negligent driver. An attorney may help someone prove that a driver was acting negligently when a crash occurred. For example, a video may show that a driver failed to stop at a red light. Witness statements, police reports and crash scene photos could also help show that negligence occurred, and the victim is entitled to receive compensation for his or her injuries.