by Suzanne Mathews

Created on: June 13, 2010

An accident is an unfortunate episode that occurs unexpectedly either by carelessness and/or willful-misconduct. Accidents can happen to anyone anywhere on a bus, in an automobile, at an amusement park, and even riding an all terrain vehicle (ATV). Accidents resulting in injuries or deaths, leads to questions of negligence.  Negligence, according Black’s Law Dictionary is “...the failure to exercise the standard of care that a reasonable prudent person would have exercised in a similar situation...” (Black’s Law Dictionary, p. 1061).

In a court of law, negligence is determined by what can be proven, not by a person’s mere knowledge. To seek monetary relief (damages) in a court of law, the injured party (plaintiff) must prove the other party (defendant) failed to exercise his duty of standard care as a reasonable prudent person.  Yet, some states may preclude the plaintiff’s from receiving any monetary relief if their own actions otherwise known as “contributory negligence” caused their injury. Whereas other states, balance a percentage of the blame known as “comparative negligence”, between both parties. With comparative negligence, the plaintiff’s monetary damages are reduced by a percentage consistent to his own negligent actions. In addition to the different standards of negligence, each state has specific statutes limitations; therefore, it is imperative to seek legal advice from a lawyer. To prove the plaintiff’s claim of negligence, the plaintiff’s lawyer may hire an expert witness. For example, if the plaintiff was injured in an automobile accident, the plaintiff's lawyer may hire an accident reconstructionist expert. The expert witness gathers the facts in order to offer an expert opinion pertaining to the events of the accident.

In conclusion, accidents can happen suddenly to anyone and anywhere. The plaintiff, to seek monetary damages for his injuries, must prove the defendant failed to exercise "the standard of care that a reasonable prudent person would have exercised in a similar situation”. To prove the alleged claims of negligence, the plaintiff’s lawyer may hire an expert witness. Due to the complexity of accident laws, the plaintiff should seek legal advice from a lawyer.

Reference:

Garner, B.A., (2004). Black’s Law Dictionary. (8th e.d.) St. Paul, Minnesota: West Publishing Co

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