When a person has been involved in a car accident, he or she is likely to want to make an insurance claim. In doing this, they will come across a great deal of confusing terminology about negligence. It’s easy to get confused and overwhelmed sometimes.
We could say that a car accident was someone’s fault. But negligence is a slightly more specific term than that. Negligence refers to a person’s actions that were not of the standard that the law would expect of any reasonable person.
What is an example of negligence?
Negligence is often explained as a person’s failure to fulfill his or her duty of car. In this light, an example of negligence in the context of a car accident could be a person that was driving when he or she heard his or her phone buzz with a text message.
They know that texting while driving is potentially dangerous, and they know that by picking up their phone and looking at their messages, they are taking their attention away from the road. This can compromise the safety of others and themselves. But they do it anyway. As they are reading their text, the car swerves into another lane and collides with a car. This is a prime example of a person who was negligent, because he or she did not fulfill his or her duty of care like any reasonable person would.
When it can be proven that a person was negligent, and therefore, the accident was caused by him or her, it can be possible for damages to be claimed. If you were involved in a car accident and want to recoup damages, it is a good idea to take action as soon as possible.
Source: The Balance, “The Definition of Negligence in Insurance,” accessed March 23, 2018