Aggressive and Successful Representation That Exceeds Our Clients' Expectations

An overview of negligence in an automobile accident

On Behalf of | May 5, 2022 | Motor Vehicle Accidents

Your life as a parent in Providence has its routines. You drive your kids to school, drive to work, drive home from work and pick up your kids only to turn around again and run errands or take your kids to ballet class or soccer practice. Your life is busy, and you do not have time for any interruptions in your life. Sadly, all these routines can be turned upside down if you are in a car crash caused by a negligent driver.

What is negligence?

Essentially, a person is negligent if they fail to execute the level of care that an ordinarily prudent person would in the same situation. Either actions or omissions can constitute negligence.

There are four elements of negligence. We will use a car crash as an example. The first element is duty. All drivers have a duty of care toward other motorists to drive in a reasonable and safe manner. The second element is breach. A breach occurs when that duty is violated, for example, in a car crash.

The third element is damages. The person affected by the breach must have suffered some harm, such as an injury. In a car crash, this could include whiplash, broken bones or concussions. The fourth element is cause. The breach must have caused the damages suffered and these damages must have been predictable. It is predictable that you can break a bone in a car crash.

Is a lawsuit right for you?

Some people involved in a car accident in Rhode Island may choose to simply accept their insurance company’s settlement and move forward. However, insurance companies are mainly concerned with their bottom line and a settlement offered may be much lower than what the injured party deserves.

For this reason, many people involved in a motor vehicle accident choose to learn more about filing a personal injury lawsuit based on negligence.