“It Was an Accident!” – Understanding Negligence

Whether it’s medical malpractice, a car accident, or a slip and fall accident, most of the personal injury claims that a Durham personal injury lawyer handles require that you prove that the responsible party was negligent in some way. However, negligence can be a difficult concept for non-lawyers to understand and even more challenging to prove. If you have suffered an injury that you believe is someone else’s fault, understanding negligence is essential for understanding whether you have a claim. 

Negligence Defined

Negligence is when someone fails to take reasonable care to prevent foreseeable accidents that could result in injury to someone else. Acting in a certain way or failing to act can both be deemed negligence.  For example, excessive speeding can be considered negligence, while a store owner failing to inspect their store for hazards can also be deemed negligence. Whether or not someone acted negligently is measured from the perspective of what the reasonably prudent person would do in the same or very similar circumstances. 

To put negligence in a legal context, we have a legal obligation to make a reasonable effort to prevent injuries to others. When someone fails in this obligation, they may be held liable for any injuries or other losses they cause. A Durham personal injury lawyer can review your case and determine whether negligence played a role in your accident. 

Examples of Negligence

Negligence will be determined by the type of personal injury claim that you have. Here are some common examples of negligence in the different types of personal injury cases we handle: 

• Car accidents: Speeding, running red lights, or driving while intoxicated
• Truck accidents: Failing to maintain the truck or driving while drowsy
• Slip and fall accidents: Failing to repair broken flooring or warn of wet floors
• Premises liability: Inadequate security, fire hazards, or elevator malfunctions
• Medical malpractice: Failing to review the patient’s records or surgical errors

Obviously, this is not an exhaustive list. If you have been injured in an accident due to someone else’s negligence, you should speak with a Durham personal injury lawyer as soon as possible. 

Proving Negligence

While you may be sure about the other party’s negligence, you will have to prove it and show that their negligence led to your injury. Proving negligence requires knowledge of the laws that apply to your case, as well as a careful analysis of the facts. You will also need to prove your injuries and that the medical treatment you received was necessary for your recovery. Here are some examples of the evidence that you may need to prove your claim: 

• Accident reports
• Statements from witnesses
• Photographs of the scene of the accident and your injuries
• Medical bills and doctor’s notes

An experienced Durham personal injury lawyer can help you gather the evidence you need to build a strong case. 

Injured? Speak with a Durham Personal Injury Lawyer Today   

If you have been injured in an accident, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. The personal injury lawyers at Martin & Jones have been helping injured North Carolinians get the compensation they deserve since 1982. To speak with a Durham personal injury attorney who can help you get back on your feet, contact us today at 800-662-1234 to schedule a free consultation.