How to File a Negligence Claim After a Car Accident

auto accident negligence claim

A negligence claim can help you get the settlement you deserve after a car accident.

Many car accident claims try to prove negligence. Negligence is defined as a failure to exercise the care expected of a responsible person in the circumstance at hand. Negligence of the at-fault car driver in a collision can often be the reason for an accident happening in the first place. Legally, a negligent person can be found civilly or criminally responsible for their behavior, particularly if it leads to another person’s injuries. Determining negligence in a car accident claim can be the deciding factor in proving fault and determining the settlement amount. It is essential to understand what actions may prove negligence and how you can potentially earn a settlement from a negligence claim. 

Common Types of Negligence on the Road

In the event of a car accident, examples of negligence can include: 

  • Running a red light
  • Speeding
  • Driving Drunk
  • Failing to follow traffic signs and signals

If these acts harm other drivers, passengers, or pedestrians, the negligent driver can be held liable for those injuries and any financial losses associated with them. 

Prove a Duty of Reasonable Care Existed

Four elements must be proved to file a successful negligence claim. The first is that a duty of reasonable care existed. This means that, according to the law, the driver was expected to use reasonable caution when driving.

Prove That The Defendant Breached the Duty of Care

A negligence claim must also prove that the defendant, or at-fault driver, breached this duty of care by driving recklessly. This breach can include failing to stop at a stop sign or passing by a stopped school bus. Both of these breaches can easily lead to auto accidents or pedestrian injuries, for which the at-fault driver would be responsible

Prove This Breach of Care Caused Your Injuries

Next, you must prove that this driver’s breach of care is responsible for your injuries. This driver’s behavior must be the action that caused the accident, which left you with injuries. For instance, if a driver failed to stop at a stop sign and hit you as you legally passed in front of them, their negligence would be the reason for your car damages or injuries. 

Prove Personal Injuries or Suffering Resulting from the Collision

If this car accident resulted in injuries, medical bills, lost income, or property damage to you or your passengers, you might be entitled to compensation for those losses. Filing a negligence claim with personal injury attorneys is an excellent way to begin the compensation process. 

Before You File

In the period after the car accident, be sure to keep all insurance records, police reports, medical bills, and any other documents related to your crash. These documents can help prove your negligence claim. Experienced personal injury attorneys at Simons & Goldner can help guide you through a negligence claim and help you receive the compensation you deserve. 

Let Simons & Goldner, P.A. Represent You

Simons & Goldner, P.A., located in Lutherville, MD, consists of two partners, Stevan G. Simons and Richard H. Goldner practicing primarily in personal injury, medical malpractice, Worker’s Compensation, and criminal law. The partners come with decades of experience assisting clients injured by the negligence of others or injured on the job. We serve clients in the Baltimore, Towson, Essex and Dundalk area and work closely with our clients to ensure that your case moves quickly and efficiently and that you get all the benefits to which you are entitled. 

Initial consultations are available by phone or in-person and are free of charge. Contact us now to schedule a consultation, or call us today at 410-296-3110. Follow us on Facebook, Twitter, Pinterest, and LinkedIn for advice and updates.

Contact Simons & Goldner P.A.

Find Us

1525 York Road
Lutherville, MD 21093

Call Us Today

Schedule a Consultation