Negligence is a legal concept. It is a term used to describe the failure to be careful, the failure to undertake reasonable actions.
In order to prove negligence, it is necessary to provide evidence of 4 elements.
Show that the defendant had a duty of care towards the plaintiff
-A driver should obey the rules of the road.
-A motorist should stay alert.
-The person sitting behind the steering wheel is supposed to maintain control of his or her vehicle.
-The owner of a car is supposed to keep that same automobile in working condition. All of its parts should be working properly.
Offer proof that the defendant breached a recognized duty. A traffic ticket could serve as such proof. Show that the defendant’s breach caused the plaintiff’s injury: That proof could be in the medical report.
Evidence that the victim has suffered measurable losses: The size of the medical bills might qualify as evidence of that 4th element.
Personal Injury Lawyer in St John’s is aware that following a collision between a motorist and a pedestrian or a bicycle rider, the insurance checks to see if either the pedestrian or the bicyclist had been negligent in some respect.
–Had the pedestrian been looking at a hand-held device, while crossing the street?
–Had the bicyclist put a light on the bike, if the visibility were poor that day, or if the sun had set?
–Had the bicyclist chosen to ride along a row of parked cars, and to venture close to the drivers’ doors?
–Had the pedestrian run out into the street from between two parked cars?
If the evidence indicated that there should be a “yes” answer to any of the above questions, then that would suggest that the motorist was not entirely to blame for any accident with the negligent pedestrian or bicyclist. That evidence would alter the decision, with respect to the amount of compensation that should be given to the victim of the accident.
If the accident had taken place in a state that adhered to the principle of modified comparative negligence, then the judge and jury would compare the degree of the driver’s negligence with that of the victim (pedestrian or bicyclist). The degree of negligence would suggest the percent to which each party had contributed to the unfortunate incident.
If the accident had taken place in a state that adhered to the principle of contributory negligence, then the insurance would probably deny coverage to either party. Under the principle of contributory no one that has made any contribution towards an accident’s occurrence has a right to seek compensation for any losses suffered, as a result of that same accident. The evidence had shown negligence by both parties.