What is a negligence case related to a car accident in Yuma?

Yuma, AZ – The law of negligence is one of the most important aspects of injury cases. This is because it has broad applicability to motor vehicle accidents, work injuries, injuries caused by improperly maintained property, and medical malpractice. While people who have been injured do not need to know all of the specifics of their jurisdiction’s negligence laws to get help, a basic overview is helpful to understand how the process of an injury lawsuit after a car accident works.

Actions after car accidents

Once someone has been involved in a motor vehicle crash, there will be insurance claims, an investigation and report by the police, and the victim may get advice from an attorney about the possibility of a lawsuit. Insurance claims and lawsuits are meant to get sufficient compensation for the victim to cover all of their losses. Almost every lawsuit filed after a motor vehicle crash or other types of injury is a negligence case.

The law of negligence

A negligence action is slightly different in each state, but the core aspects of this area of the law remain the same. This is a case that argues the defendant breached the required standard of care, and the plaintiff suffered losses as a result of their actions. 

The elements of negligence

A negligence lawsuit will only be successful if the plaintiff can prove certain elements. This means they must show a relevant standard of care and a breach of the proper duty of care, that this breach was the cause of the plaintiff’s losses, and damages related to the incident. If any element is missing, the plaintiff cannot receive compensation. One of the most common types of lawsuits in the United States is a car accident case for negligence, where the plaintiff essentially has to show that the defendant made a mistake on the roads that led to an accident.  

Comparative negligence

Arizona’s laws allow a plaintiff to file a negligence case even if they are partially or mostly at fault. This is called the comparative negligence system. Under this system, damages can be divided between all parties involved in an incident to equal one hundred percent. The plaintiff’s damages are only reduced relative to their percentage of fault. There is also no amount of fault that will prevent the victim from filing a lawsuit, however for situations where the plaintiff is mostly at fault would result in severely reduced damages. 

Help after an injury

Schneider and Onofry is a practice that helps people with legal action related to paying for their injuries. Their attorneys are available to help clients in Yuma with more information about civil lawsuits.

Firm contact info:

Schneider & Onofry, P.C.

207 W. 2nd St., Yuma AZ 85364