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What kinds of behaviors may be considered negligence by a driver in Yuma?

Yuma, AZ – When a driver is involved in an accident, it is possible that others involved may name the person as a defendant in a negligence lawsuit. They will be arguing that the person is responsible for their losses, but negligence also has a specific legal definition. Certain types of behaviors such as traffic infractions and illegal activities would be considered evidence of negligence. After any accident, it is important for a person who is thinking about bringing a lawsuit to get advice from an attorney regarding how to proceed. 

The standard of care for drivers

In negligence cases, the behavior of the driver will be compared against what a reasonable person would have done in the same situation. A deviation from this standard is normally considered negligence. The reasonable driver is supposed to consider things like the weather, road conditions, traffic, and anything else that may affect the roads and cars nearby. 

The elements of negligence

After establishing the relevant standard of care, the plaintiff must show a few more elements. These include a deviation from the standard of care, actual causation of the victim’s losses, and damages. All of these elements must be present for the plaintiff to succeed in their lawsuit. 

Driver behavior and evidence of negligence

A victim can use various types of actions in the moments leading up to the car accident as evidence of negligence. Standard traffic infractions are a common way to do this. Infractions can include things like speeding, illegal turns and lane changes, going through red lights and stop signs, careless driving. More serious violations of traffic law such as driving under the influence of drugs and alcohol, reckless driving, or driving without a license can also be used to show negligence. Even when there is no relevant traffic law, things like being distracted in the vehicle or driving inappropriately based on the road conditions may be considered negligent as well. 

Compensation for victims

The element of damages is important because it coincides with the amount of compensation that the victim will receive. This can include their medical costs, hospitalization, lost income and wages, and compensation related to their physical pain and emotional trauma. In general, these amounts tend to increase if the victim was seriously hurt or becomes disabled after their accident. The compensation will have to be paid by the defendant’s insurance, or they may be personally liable. 

Getting legal advice from an Arizona accident attorney

Schneider and Onofry is a firm that helps people with their accident lawsuits in the Yuma area. Anyone who needs more information about this process can contact the firm to get assistance and meet an experienced lawyer.

Firm contact info:

Schneider & Onofry, P.C.

207 W. 2nd St., Yuma AZ 85364

928-257-4887

soarizonalaw.com

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