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What is negligence in car accident cases?

By: Whalen Hersh January 17, 2019 no comments

What is negligence in car accident cases?

When involved in a car accident, the issue of fault is determined by establishing which of the drivers involved was negligent. If a driver or passenger is injured, then proving negligence (the fault of the other driver) is necessary to successfully pursue a personal injury claim. There are several factors involved in negligence. What comprises negligent driving?

  • Lack of vigilance. When behind the wheel of a vehicle, inattention can be deadly. Taking your eyes off the road in front of you, even for just a split second, constitutes negligence. This is extremely common but can lead to serious accidents that can cause major injuries or, in the worst case scenario, fatalities. Driving while talking or texting on a cell phone, changing a radio station, turning around to look in the back seat, talking to or looking at passengers, or taking your hands off the wheel for any reason can all lead to an accident.
  • Not adhering to traffic laws. Not following traffic rules like stopping at stop signs and stop lights, speeding, making illegal turns, not yielding when required, even driving too slowly can cause a serious accident.
  • Driving while tired. Sleep deprivation is the cause of many serious and fatal car accidents. In fact, drowsy driving can be as dangerous as driving under the influence of drugs or alcohol.
  • Not controlling your vehicle. Swerving, drifting into another lane, making sudden stops, or failing to control your vehicle for any reason is not only a distraction to other drivers on the road around you, it can also cause accidents.

If the individual pursuing a personal injury claim is determined to be responsible for the accident to any degree, the allocation of fault will affect any awards given. When involved in a car accident where losses and/or injuries are involved, it’s best to have a car accident attorney on your side. At Whalen Hersh, we have represented many car accident clients over the years and recovered over $25 million for our clients. Our goal in representing you is to establish a direct, meaningful, trusted and reliable relationship and secure a settlement for you that is fair and equitable. If you or a loved one have been injured in a car accident, you may have a legal right to seek financial compensation for your losses. To do this, you’ll need a qualified car accident attorney to properly handle a civil lawsuit against the responsible party and successfully prove negligence.

Past Case Results

Whalen Hersh attorneys understand that injuries suffered in a car accident can be life changing. Our firm exclusively represents clients against insurance companies and corporations in personal injury matters. Settling too quickly with an insurance company could mean that your injuries are not properly treated, especially if the effects of your injuries are not immediately apparent. Our car accident lawyers will work closely with you in pursuing a personal injury claim to ensure that you receive the medical attention you need, the support you deserve, and the representation you depend on. When you suffer injury as a result of a car accident you should not need to worry about the legalities of pursing a claim against the responsible party. Insurance companies will often pressure victims to settle quickly, and for far less than what a judge or jury would consider fair.

If you’re in need of a compassionate attorney with a proven track record of success who will fight for your best interests, contact us today for a free, no-obligation consultation to discuss your viable legal options. If you are due financial compensation for your injuries, our car accident attorneys are ready to provide diligent legal representation in pursuing your claim.

You can reach us in Denver at (720) 307-2666 or Colorado Springs at (719) 644-7000 to learn more. You can find us in Colorado Springs in the Alamo Corporate Center located at 102 S. Tejon Street, Suite 1100 or in the Denver Tech Center at 7955 East Arapahoe Court, Suite 2375, Centennial, CO 80112. If you’ve been the victim of a negligent driver, we look forward to working with you to help you receive fair and just compensation for your losses.