When you are hurt in a car accident, the cause of the crash can greatly impact a case. For example, if a driver was drunk, speeding, or breaking traffic laws, it may be easier to prove his or her negligence. An experienced car accident attorney can further explain how the common causes of Omaha car accidents can affect liability.
Understanding Liability in an Auto Accident Claim
If you suffer injuries in a car accident, the negligent driver can be held liable for your losses. However, to prove fault, you must first establish the following elements of negligence:
- The motorist had a duty a duty of care
- He or she breached that duty
- The breach of duty caused damages
- The breach was the proximate actual cause of the damages
Every driver has a duty to use reasonable care when driving their vehicle. Consequently, any motorist who breaches that duty and causes a car accident can be held liable in a civil suit.
How Does Drunk Driving Impact a Case?
The unique part of a drunk driving accident is that the individual who was driving drunk is generally considered at fault as a matter of law. Some states refer to a legal doctrine known as negligence per se when someone breaches their duty of reasonable care by breaking the law. Nebraska has not adopted the negligence per se doctrine. However, violation of the law is considered a factor to determine whether somebody was negligent.
When someone is driving drunk, they already breached that duty. When they breached that duty and are involved in an accident causing injuries to another person, it is easy to show that their breach of duty was the cause of the injury.
Liability and Speeding
There is a stigma associated with a person excessively speeding, particularly if someone is driving down the residential street going above the speed limit and he or she hits somebody. The analysis is similar to drunk driving. While there is not negligence per se in Nebraska, the speeding is evidence of negligence to establish the breach of the driver’s duty of care. An attorney can explain how driving above the speed limit can be used as evidence of negligence.
Proving a Driver Ran a Red Light in Omaha
Running a stop sign or traffic light is also similar to drunk driving and speeding in terms of how it affects liability. Running a stop sign or a red light is considered a traffic infraction. A traffic infraction is proof that a person breached his or her duty of care and therefore is negligent.
Failing to Drive Appropriately for Conditions at Night
Driving at night can be a significant factor in determining liability when a person is driving inappropriately for the conditions. For example, in driver’s education, a person is taught not to drive any faster than they would be able to stop and remain within the viewpoint of their headlights at night. When an individual is driving at night faster than what they would be able to stop within their headlights, that is negligence. When an accident occurs at night, the police officer looks at whether the individual was driving appropriately for the conditions.
Discuss How the Common Causes of Omaha Car Accidents Affect Liability
A well-versed attorney understands how the cause of a car accident can impact liability in Omaha. They can use that knowledge to help you bring the strongest case for compensation possible. To discuss your situation, call Berry Law for a free consultation.