The concept of negligence in auto accident cases

On Behalf of | Jun 12, 2019 | Motor Vehicle Accidents

Vehicle accidents are usually caused by the negligence of one or multiple parties involved. New Hampshire residents who have been in an accident may be wondering if they are eligible for compensation. However, this depends on who was negligent and to what degree. All drivers have a duty to exercise reasonable care. When they fail in this, they are negligent. When negligence directly leads to injuries or other losses, victims may file a claim.

Negligence is easy to determine in some cases. Breaking traffic laws as well as following too closely behind other vehicles can be classified as negligence. Speeding is always negligent too. There are times, though, when a driver needs to lower their speed below the posted limit. This may be necessary in times of inclement weather or when visibility and traction are being undermined.

Drivers are responsible for maintaining control of their vehicles. Keeping both hands on the steering wheel is one basic rule. Maintaining control also means not calling, texting or doing anything else that will take one’s eyes off the road, even for a few seconds.

Vehicle maintenance is another part of reasonable care. For example, drivers should not be traveling with bad brakes or bald tires. There are many other scenarios where drivers may be negligent, such as the failure to wear prescription eyeglasses while behind the wheel.

Whatever the form of negligence, a motor vehicle crash victim may want to speak with an attorney before filing a personal injury claim. This is because auto insurance companies can be aggressive in denying claims or in forcing victims to agree to a low-ball settlement. An attorney may take on negotiations and litigate if a reasonable settlement cannot be reached. Before that, the attorney may hire third parties like crash investigators and medical experts to help in bolstering the case.