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Negligence explained as it applies to car accidents

"Negligence" is a term most people in North Carolina have probably heard at one time or another. However, in the legal world, it has a very specific definition when it's used in reference to a motor vehicle accident. Drivers with a better understanding of this term may have more an incentive to be safer while behind the wheel.

In order for negligence to apply when a car accident occurs, there are several requirements that need to be met. First, there are requirements for reasonable care, which means there's a reasonable expectation to operate a vehicle in a way that keeps drivers and pedestrians as safe as possible. There also has to be evidence that reasonable care wasn't taken. This evidence may include video footage of an individual driving erratically or a failed breath test. Additionally, there must be evidence that the driver's negligent actions caused the resulting accident.

Drivers are expected to assume certain responsibilities and use common sense while operating a vehicle. With speed, for example, a driver is expected to obey the posted speed limit. However, if there are severe weather conditions impairing road visibility, driving the full speed limit could be considered negligent. A driver may also be considered negligent if they fail to remain a safe distance from an adjacent vehicle, comply with traffic laws, pay full attention while to the road, remain in full control of the vehicle or properly maintain their vehicle.

In addition to what's already been mentioned, a personal injury attorney may consider more unique factors when determining if a particular driver was negligent and responsible for another driver, passenger, or pedestrian's injuries in a motor vehicle accident. For instance, if a driver is required to wear prescription eyeglasses while driving, they may be considered negligent if they weren't wearing them at the time of the accident.

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Bull & Reinhardt, PLLC
160 E. Chestnut Street
Asheville, NC 28801

Phone: 828-348-8053
Fax: 828-254-5166
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