When a car accident occurs, fault determination often comes down to the issue of legal negligence: The failure to act with the level of care that a reasonable person would use under similar circumstances. In the context of a collision, proof of negligence can hold a driver financially responsible for resulting injuries or property damage.
What Exactly Is Driver Negligence?
The law requires drivers to follow traffic rules and operate their vehicles in a way that avoids harm to others. “Driver negligence” is the legal term for when a motorist fails to exercise reasonable care on the road. This failure can lead to accidents, injuries, or property damage. A driver may be considered negligent if they violate these standards, whether through action or omission.
Examples of negligent driving include running a red light, failing to yield, speeding, tailgating, or using a phone while driving. Negligence can also occur when a driver fails to respond appropriately to road or weather conditions.
How Do Courts Determine Legal Negligence?
To determine legal negligence, courts generally look for the following elements:
- The driver owed a duty of care to others on the road, which typically applies to all drivers who are expected to follow traffic laws and drive responsibly.
- There was a breach of that duty through unsafe or unlawful behavior behind the wheel.
- The breach directly caused the accident in question.
- The accident resulted in measurable harm, such as physical injury or property damage.
When all of these elements are present, a driver may be found legally negligent and held financially responsible.
Can a Traffic Violation Be Used as Evidence of Negligence?
A traffic violation is often strong evidence in a negligence claim. If a driver was speeding, driving under the influence, or ignoring traffic signals, those violations can support the argument that the driver breached their duty of care. This is sometimes referred to as “negligence per se,” meaning the violation of a law intended to protect the public automatically satisfies the duty and breach components of negligence.
What Is Comparative Negligence?
“Comparative negligence” is a legal principle that may reduce the amount of compensation a plaintiff receives if they are found to share responsibility for the accident. In New Jersey, comparative negligence allows a driver to recover damages as long as their share of fault does not exceed 50%. If a plaintiff is found to be 30% at fault, for example, they can still collect compensation, but it will be reduced by that percentage.
This rule encourages courts to carefully evaluate the behavior of all parties involved. It also means that more than one driver can be found negligent, and the financial responsibility will be divided based on each party’s level of fault.
Is Distracted Driving Considered Negligent?
Distracted driving is a frequent basis for negligence claims. When a driver takes their attention away from the road, whether to read a text, adjust the radio, or talk to passengers, they are not meeting their duty of care. Distractions increase the likelihood of delayed reaction times and poor decision-making.
Can Driver Fatigue Lead to a Negligence Charge?
Yes. When drivers operate vehicles while drowsy, their ability to concentrate, react, and make decisions becomes impaired. Falling asleep at the wheel or driving after too many hours without rest often leads to serious consequences.
Proving fatigue may require evidence such as the driver’s work schedule, driving log, or eyewitness testimony. If a court concludes that a reasonable driver would not have operated a vehicle under those conditions, the tired driver may be held liable for negligence.
Monmouth County Car Accident Lawyers at Kitrick, McWeeney & Wells, LLC Can Evaluate Your Case to Get You the Compensation You Deserve
Our Monmouth County car accident lawyers at Kitrick, McWeeney & Wells, LLC can determine if another driver’s negligence caused your crash and help you pursue fair compensation. For a free consultation, call our Manasquan and Brick, New Jersey offices at 732-920-8383 or contact us online. We proudly serve clients across New Jersey.