What Is Considered Negligence in a Car Accident?

When injured in a car accident, many wonder about their legal options and how to prove negligence on the part of the at-fault driver. The best way to protect your rights and pursue negligence charges is by working with an experienced car accident lawyer in Wisconsin. These professionals can assist with gathering and presenting evidence, filing insurance claims, and negotiating settlements. 

Proving negligence in a car crash can be complicated, so a skilled attorney is essential. 

What Is Car Accident Negligence? Examples and Explanations

To prove driver negligence, an attorney must demonstrate that a driver breached their duty of care and caused the accident through one or more of the following behaviors:

• Speeding: Often, car accidents result from drivers moving too fast for conditions. Speeding lessens the time a driver has to react to sudden changes, such as a pedestrian crossing the street or another driver merging in front of them.  
• Tailgating: A common expression of road frustrations, tailgating is more than just an annoyance; it endangers both drivers during sudden stops. The faster both drivers are moving, the more distance is required for them to stop safely, and tailgating compromises this. 
• Distracted driving: Another common cause of accidents today is distracted driving. Drivers who text, change the radio, eat, or become distracted by passengers may cause accidents. This negligence is highly dangerous as it only takes a moment of distraction to cause an accident. 
• Failing to consider conditions: Sometimes, drivers fail to take appropriate precautions in adverse weather conditions such as snow and ice. While a responsible driver will proceed slowly and allow more space between cars, a negligent driver may continue driving normally in the rain and risk others’ safety. 
• Poor roads: Negligence from the local government can also be a factor in car accidents if the roads are poorly maintained. Excessive potholes and other issues can create unsafe conditions that lead to accidents without another driver being at fault.  
• Mechanical issues: While preventative maintenance is important to safe driving, sometimes defective vehicle parts can contribute to accidents without the driver’s prior knowledge. When a manufacturing company cuts corners and creates an unsafe car, this negligence can lead to sudden risks on the road. 

A driver found negligent in any of the above areas may face reckless driving liability. These forms of negligence increase the at-fault driver’s financial responsibility for the incident and may result in more significant damages being awarded.  

Seek Legal Counsel After a Car Accident 

Novitzke, Gust, Sempf, Whitley & Bergmanis provides legal advice to those affected by car crashes. Our experienced legal team can assist injured parties with everything from calculating pain and suffering to negotiating settlement claims and providing representation if a hearing becomes necessary. 

While the aftermath of a car accident can be overwhelming, it is vital to hire an attorney as soon as possible if negligence caused the incident. These cases can be difficult to build on your own, and a skilled legal team will streamline the experience. 

Call 715-268-6130 to schedule a free consultation today.