What is negligence, and how does the law see it? Most personal injury lawsuits are based on negligence, so it is critical in understanding your claim or incident. Negligence is essentially not acting, in the eyes of the law, to the standards that are expected of every individual. If you are proven negligent, you will be compensating for the person injured.
For example, although it’s not illegal to use your phone while driving in Mississippi, if you are checking your phone and then get in an accident, this could be seen as an act of negligence. In fact, there are several different habits you might have while driving that could be considered negligent.
Let’s start with cellphones since it is the most common. Checking your notifications while driving might seem innocent enough, but people are texting, watching videos, and some are even streaming while they are on the road. Anytime you are driving, your attention should be on the roadway. The amount of wrecks caused by cellphones is only growing, and if you are involved in a wreck because of it, this would be proof of negligence.
Have you ever slowed down to see a wreck on the other side of the highway? What about a construction project you are curious about? It really doesn’t matter what it is, if something is not directly impacting your field of vision or where you are going, then you are getting distracted and that is negligence. Once again, if proven, you could be held responsible.
Of course, there are the more obvious examples of negligence: driving too fast, failing to yield to traffic signs or other vehicles, running a stop sign, etc. Anytime you are not paying attention to the signs, lights, or an officer near you, you are being negligent.
But, there are some of categories we don’t immediately think of that come up in these cases. If you are driving a car that is in desperate need of maintenance, it could be considered negligence. A tire blowout or brake failure might seem abnormal, but if you haven’t had your brakes serviced or if your tires were already threading, then that could be considered negligence on your part, and you could be held liable for damages.
There’s also vehicle driver fatigue. For example, there are a lot of 18 Wheeler wrecks out there, and, part of investigation means we usually go back and look at the last four or five days of logs from these 18 Wheeler drivers. They are required to keep a log book of when they’re resting, when they’re on the clock, when they’re off the clock, etc., and you’d be surprised how often they or their manager convince them to keep going past those set hours. Ignoring these regulations and requirements of rest and work is definitely negligence and would not end well.
This is just a small sampling of all the details we look for in these wrecks. If you’re an individual that’s been involved in a wreck, you’re at a real disadvantage because the insurance adjuster knows all of these things and he’s looking for any little bit he can claim to pay out the minimum amount. That’s his job, and he’s very good at it. They want to minimize and save the company money and save the shareholders money, so chances are he is not looking for you. It makes sense in almost every car incident to have an experienced car wreck attorney on your side who knows your rights and knows how to prove your claim.
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