Driver Negligence Claims

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After you have been involved in an accident with someone else that you believe is their fault, you will need to set out to prove that they were acting negligently. There are a variety of different ways that you and your attorney can do this, and a few types of actual negligence that we will explain on this page to give you a better idea of how this works. Negligence is one of the central issues with most personal injury and car accident lawsuits because it shows that the responsible party had a duty of reasonable care, and they failed to uphold this duty which caused the accident. You can read more about this concept below.

1-800-Injured can connect you to a wide network of aggressive and diligent attorneys who are available to help you through the legal process of trying to prove driver negligence and getting the money that you deserve for your injuries. Contact us now to be connected with a car accident lawyer who can guide you through this complicated period in your life, and handle your legal concerns while you are able to focus on recovery. 


Essentially, negligence is when someone fails to uphold their “reasonable duty of care.” This duty of care is entirely dependent on the activity or actions that the individual is partaking in; in this instance, driving. When someone gets behind the wheel of a car and travel on public roads with a state-issued driver’s license, they are expected to adhere to all of the traffic laws in order to keep everyone else on the road safe. There are a variety of ways that they can fail or disregard this duty, and while there are many times that someone acts negligently and does not cause an accident or injuries, there are many unfortunate situations where a victim’s life is altered forever because of this irresponsible decision.


After an accident, you will need to prove that the other driver acted negligently in order to get a fair and reasonable amount of compensation from their insurance company, either as a settlement or through a lawsuit. The following are a few examples of how someone may be negligent while driving, but please note that this does not cover all examples. If you are uncertain of what your situation entails, contact us now.

Driving Under the Influence

Adults over the age of 21 are allowed to operate a motor vehicle after consuming a small amount of alcohol, but if they drive with a BAC in excess of .08, they are breaking the law by driving under the influence of alcohol. If they consume other mind-altering substances that do not contribute to their BAC, they are still driving under the influence and can be charged as such. When someone is intoxicated and causes an accident, this is a clear example of negligence, because the driver failed their duty to drive in a safe condition.

Reckless Driving

Traffic laws exist for good reason, and choosing to disregard those laws can be an extremely reckless decision. However, simply disobeying traffic laws may not be considered reckless driving. If the driver who caused the accident that you were involved in was issued a citation for violating a traffic law, it is important that you speak with an attorney about the situation so that you can get a better idea of the situation and how to proceed. Deciding whether or not the driver was acting recklessly can be fairly subjective, but things like speeding, driving aggressively, or driving the wrong way down a road are good examples of recklessness. 

Distracted Driving

When people think of distracted driving, very often they think about texting while driving. While this is a great example of distracted driving, it is not the only situation that will lead to a claim of driver negligence. A driver can be physically distracted when they take their eyes off the road—while texting, eating, or changing a radio—or could be mentally distracted by “zoning out,” focusing more on a conversation than the road, or some other activity that takes their attention away from their task at hand. Some instances of distracted driving are easier to prove than others, but your attorney will help you find the best way to prove your case in each situation.


Whether you are positive or you only suspect that the driver who caused your injuries was acting negligently, the best way to understand your options is to speak with a personal injury attorney. 1-800-Injured will connect you to a lawyer who will be able to discuss your situation with you, give you better insight into your rights and options, and ultimately help you move forward with your claim in a way that increases your chances of success.