Driver’s Negligence And Personal Injury Claims: Things You Need To Know

Legal by  Arnab Dey 23 May 2022

Driver's Negligence

When an individual is harmed by an arriving car that loses track, it goes into the driver’s account. It’s the driver’s negligence that has caused them harm.

But the driver can use its trickery to get Scott free. So how to get the driver accountable so that you settle your claim?

So the first thing that goes into the entire discussion is to prove that the driver was negligent in his driving.

So let’s go deeper into the analysis and analyze the elements. If you need to get comprehensive knowledge and advice on Personal Injury Claims, you could consult Salvi, Schostok & Pritchard P.C | Waukegan Personal Injury Attorneys.

So let’s get started.

What Is Negligence?

Negligence, in a one-liner, is careless conduct. While driving, the driver can be negligent by doing something he should not have done.

It could be not abiding by the laws of the road. It could be reckless driving after consuming alcohol.

A driver must use reasonable care while driving. He/she must take care that no other passenger, motorist, or pedestrian is harmed.

If the driver remains careless, it might end in inflicting injuries to the pedestrians. And then the driver will have to compensate for some personal loss or injuries.

Proving The Driver’s Negligence:

Proving The Driver’s Negligence

Suppose you are a plaintiff in a car accident, you need to be able to establish certain things that will pull the case in your favor in the Car Accident Lawsuit.

»The defendant was not Careful

While driving, the driver must follow the rules and regulations while on the road. Non-compliance with the traffic rules is “breaching”.

If the driver violated the basic rules of the road, he/she must be held accountable for the wrong that happened to the plaintiff. There are certain examples that are expected from a reasonable driver:

  1. Stopping at the Red Light.
  2. Watching for the Cross Pedestrians.
  3. Following the other vehicles and maintaining a safe distance.

»Defendant’s conduct caused injuries

The driver was definitely not following the traffic rules religiously, and this caused the accident.

Had the driver been a little cautious, things might have been different. Therefore it is the defendant’s fault that triggered the accident.

»Plaintiff suffered Major Losses

If Plaintiff suffered major losses, it needs to be proved on paper. Therefore the plaintiff needs to collect some constructive evidence even amidst the emergency so that it supports the claim.

Remember, without constructive proof; you are not able to get your car accident claim.

Example of Driver’s Negligence:

There are certain acts on the driver’s part that comes under negligence.

»Fatigued Driving

Fatigued Truck Drivers are more likely to be in a car accident than average drivers. Long Distance Truck drivers generally perform night shifts.

Now, if you do not sleep during the night, there is a high chance of you being fatigued.

»Alcohol Impairment

According to an observation, around 30people die every day in the US because of drunk driving.

The intoxicating effect of alcohol completely hijacks the driver’s sensibilities and common senses. The consumed driver loses the ability to track a moving object and break.


This is an unpardonable act under any circumstance. Well, on the highways the speed limits are mentioned on the electrical boards.

Any while in the car, a driver must comply with the set guidelines and directions. If you are overspeeding, you are sure to have less reaction time to see the hazard on the roadway and respond to it by braking.

»Distracted Driving

Distracted driving is also a major contributor to the traffic accidents that happen in the USA. There are generally three types of distracted driving.

The first is Manual Distraction when the driver takes his hands away from the steering of the wheel. In the case of Visual Distractions, the driver’s eyes get away from the road. Cognitive Distraction generally pulls the driver’s sensibilities.

Personal Injury Claim Process:

Personal Injury Claim Process

If you are thinking about personal injury claims, firstly, you need to know the process in detail.

If you are aware of the entire process, it enhances your confidence for sure. Now let’s go through the process.

»Work out on the Responsible Party

Firstly you need to work out to understand who is the responsible party in the injury you received in a car accident.

You need to be sure that it is the driver’s fault that caused the harm. If you are not sure and certain, all the hard work might go into the water.

»Gathering Constructive Evidence

In the course, you will be asked questions like:

  1. At what time did the accident occur?
  2. Who else was there at the point that saw the accident happen?
  3. What were you doing before the mishap?
  4. Who do you think is responsible for the mishap?

These are the basic questions you ought to answer and satisfy the lawyers. The more intriguing questions await thereafter.

So…you have to deal with grit. Remember, they will be hard on you!

When the accident happened, you got to procure constructive evidence amidst the exigency! So gather photographs of the place and surroundings. They come in extremely handy in lawsuits.

Related Resource: Can A Personal Injury Attorney Help You Get A Financial Compensation?

»Assess the injuries

You have already been to the hospital. During your medical assessment, your injury will be put in the scanner under expert supervision.

They will ask you about the pain and injury you have. The reports containing information about your assessment give you a more clear picture of your injuries and strengthen your claim.

»Workout Compensation Account

Now the most important element in your case. Workout on the compensation account. Consult a  law firm pertaining to your case. Your law firm will figure out the compensation you deserve:

  • The cost of Medical Treatment and Rehabilitation.
  • Travel cost to and from medical appointments relating to the accident.
  • Home Adaptation costs.
  • Adaptive equipment like Wheelchair, Prosthetics.
  • Cost of care both in the hospital as well as at home.
  • Items damaged like your car or motorbike.

You could definitely rely on our services (Salvi, Schostok & Pritchard P.C | Waukegan Personal Injury Attorneys) in this regard. We have an extremely competent team that can help you in your dire need.

Reaching Settlement And Acceptance Of Compensation Payments

Once your case is established, the defendant’s party will then offer a settlement. This is known as the Part 36 Offer. Here both sides negotiate.

Finally, the judge will give a hearing on how much compensation you should get from the Injury. After you have accepted the offer. The defendant starts the procedure of compensation.

So It’s Settled, Right!

By this time, I hope you have got a comprehensive idea of the Injury claims. It is always going to be difficult in Claim Settlement.

And the process is not that simple; the path of justice moves from one alley to alley in search of clear evidence before it reaches you finally. But you need to have your homework done to get it right.

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Arnab Dey

Arnab is a passionate blogger. He is very much passionate about social media. His special interests are in current affairs, business, lifestyle, health, food, fitness, etc. If you want to read refulgent blogs so please follow The Daily Notes.

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