LegalReader.com  ·  Legal News, Analysis, & Commentary

Lawsuits & Litigation

What Constitutes Driver Negligence and How to Get Compensated


— June 1, 2023

Driver negligence is a serious problem that can cause devastating accidents.


Car accidents can be a traumatic experience. In cases where it’s the driver’s fault, it’s important to hold them accountable. Driver negligence is a common cause of car accidents. This negligence could be due to factors like drunk driving, distracted driving, reckless driving, or even driving without insurance. This blog will discuss what constitutes as driver negligence and how to get compensated in case you are involved in a car accident caused by a negligent driver.

Types of Driver Negligence

There are different forms of driver negligence, and they all pose a significant danger to other road users. Some common forms of driver negligence include drunk driving, distracted driving, reckless driving, and driving without insurance. Drunk driving is one of the most severe forms of negligence because it significantly impairs the driver’s judgment, reaction time, and vision. Distractions while driving, such as using a cell phone, eating, or applying makeup, can cause the driver to take their eyes off the road, leading to accidents. Reckless driving, such as speeding, disregarding traffic signals, and failing to yield the right-of-way, is also a form of negligence that puts other drivers and pedestrians at risk.

How to Prove Driver Negligence

To prove driver negligence, you’ll need to show that the other driver failed to exercise the level of care a reasonable person would in a similar situation. You’ll also need to show that the driver’s negligence caused the accident and that it resulted in damages. Gathering evidence, such as eyewitness accounts, police reports, and photographs, can help support your case. Working with an experienced auto accident attorney can also help you strengthen your case and get the compensation you deserve.

Compensation for Driver Negligence

If you were involved in a car accident caused by a negligent driver, you may be entitled to compensation. Compensation can cover your medical bills, lost wages, property damage, and pain and suffering. To get compensated, you’ll need to file a claim with the other driver’s insurance company. Insurance companies are generally more interested in saving money than paying out claims, which is why it’s important to have an experienced lawyer on your side. A lawyer can negotiate with the insurance company on your behalf and ensure that you get the compensation you deserve.

Statute of Limitations

Black and white analog egg timer; image by Marcelo Leal, via Unsplash.com.
Image by Marcelo Leal, via Unsplash.com.

It’s important to note that there’s a time limit for filing car accident claims known as the statute of limitations. In most states, the statute of limitations for car accidents is two years. That means you have two years from the date of the accident to file a lawsuit. It’s important to act fast and hire a lawyer to help you file your claim before the statute of limitations expires.

Driver negligence is a serious problem that can cause devastating accidents. If you’ve been involved in a car accident caused by a negligent driver, you have a right to seek compensation. Working with an experienced car accident lawyer can help you prove driver negligence and negotiate with insurance companies to ensure that you get the compensation you deserve. Remember to act quickly and file your claim before the statute of limitations expires. By taking action, you’ll take a stand against driver negligence and help prevent future accidents.

Join the conversation!