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How to Determine Negligence in a Car Accident Injury CaseGetting into a car accident can leave anyone feeling shaken up and worried. Even if the car accident only resulted in relatively minor injuries, such as a broken bone, it can come with even more damages, like missing work, medical costs, and repair costs, among others. This is typically when the idea of a car accident injury claim may come in handy. Most car accident injury claims are based around the idea of negligence, which just means the other person involved in the car accident failed to exercise their duty to drive safely on the road. To prevail in a car accident injury case, you must prove the following elements exist:

Duty of Care

When it comes to car accident claims, the duty of care is the responsibility that every driver has to operate their vehicle in a safe manner that is also consistent with traffic laws and other precautions most reasonable drivers would take. Examples of duty of care include:

  • Using turn signals;
  • Avoiding distractions, such as your cell phone;
  • Driving at a safe speed; and
  • Fully stopping at red lights and stop signs.

Breach of Duty of Care

The breach of duty of care is rather important because this pinpoints the action that caused your damages. You must prove that the driver either blatantly violated a traffic law or that he or she committed an action that put you and other drivers in unwarranted danger.

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