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Typically, the liable driver, the one that has been held responsible for a given accident is the one that has demonstrated negligent behavior.
What is negligence?
Someone that has carried out a careless or neglectful action has been guilty of negligence.
How could a driver carry out a neglectful action?
He or she might divert his or her 2 eyes from the road for a brief period of time. Distracted driving qualifies as an example of being neglectful, while sitting behind a vehicle’s steering wheel.
In addition, a driver should make a point of maintaining the vehicle that he or she plans to driver. Once a driver has learned about the malfunction in some part of the driven vehicle, he or she should try to fix the same part just as soon as possible. A Personal Injury Lawyer in Barrie knows that a negligent driver would not bother to pay for the needed corrections in the malfunctioning part.
How could proof of negligence by one of the drivers involved in an accident be of value to any other involved drivers?
That proof of the one driver’s negligence could affect the outcome for any case initiated by one or more of the other drivers. It would increase the chances that each of the other drivers could expect to enjoy a fair, possibly generous settlement.
How could poor road conditions relate to careless and neglectful actions?
A designated agency within the state or local government body is supposed to maintain the roads in a given state or municipality. Therefore, if a poorly maintained road has helped to cause an accident, the agency in charge of maintenance might be blamed for a demonstration of negligence.
It is not easy to charge a government body with negligence. Some government agencies require notification about the intentions of someone that has been injured on a poorly maintained roadway. Usually, the victim is supposed to send that notice within 10 days of the reported accident.
An example of neglect by an agency that was supposed to be maintaining roads and bridges.
When a bridge collapsed, one of the local residents said that she had seen them filling potholes in the roadway adjacent to the same bridge. Her comment suggested neglect, because the government agency had not tried to identify the forces that had caused the potholes’ formation.
One agency had been negligent, after learning about the existence of a problem, because it did not fix the same problem. Thus, those injured as a result of the bridge’s collapse would have a legitimate claim against the agency that had failed to address the obvious issue, the reason for the annual appearance of unwanted potholes.