One car spins out of control and then a truck strikes that car and crashes onto its side. In the aftermath of this accident, another 13 vehicles were involved in the accident. This is precisely what occurred recently in Thackerville, Oklahoma according to KOCO News.
One question that many victims of this accident may ask is can someone be sued for negligence in car accidents like this. While the initial crash may have been caused by road conditions, the other 13 cars may have been able to avoid being involved in the crash.
Negligence is best understood as the failure to act in a manner which is consistent with what a reasonable person would do under the same or similar circumstances. In effect, when someone gets behind the wheel of a car, they owe a duty to others on the roadway. Failure to act in a manner consistent with this duty could be considered negligent.
What is required of an accident victim, is proving someone failed to exercise reasonable care.
This may be more challenging than it sounds.
Proving negligent behavior means that a victim must show that a driver willfully acted in a manner which would not be normal given the circumstances. On a slippery road one would expect a driver to be exercising caution, traveling at speeds in line with road conditions, and focusing on the road. Examples of negligent behavior could include:
These are a few examples of negligent operation which could contribute to a roadway accident. When someone is injured because a driver behaved in a manner that was not consistent with their responsibility to other drivers, pedestrians, or bicyclists, they may be considered negligent.
Negligence must be proven in order for a victim to successfully pursue a settlement for the harm they suffered as a result of a car accident. Without proving negligence, a plaintiff may not be able to successfully win their case. Here are some of the ways negligence can be established:
An attorney who has experience handling car accident claims in Oklahoma can be invaluable to a car accident victim. They have the knowledge and experience needed to assist in obtaining evidence to display negligence.
The elements which must be established include:
Establishing proof is a requirement when filing an accident injury claim. Assembling the evidence and presenting it in a clear and concise manner can help ensure there are no questions about the validity of the claim.
When filing an accident injury claim for negligence, there are certain items which may be included. There are both financial, and non-financial aspects to most claims and each one will vary depending on the nature of the accident, the victim’s injuries, and the victim’s recovery time. Some of the damages which may be recovered include:
It is important for an accident victim to understand that once a demand for settlement is filed, it may be difficult to modify. When an accident injury attorney prepares a claim, they will make sure the claim is inclusive of all potential damages which a victim might be entitled to collect.
Once it has been established by the victim’s legal team that there was a negligent driver responsible for their injuries, negotiations with insurers will likely take place. When these negotiations are unsuccessful in obtaining a fair settlement for a victim, the next step is filing a car accident lawsuit. The steps for filing a lawsuit include:
It is also important for a victim to remember that if a case goes to trial, and has a verdict in their favor, that the final verdict is not applicable until the negligent party has exhausted their opportunity to appeal the verdict.
When someone has suffered an injury in a car accident due to negligence, filing a lawsuit may be the best option they have to secure a reasonable settlement for their injuries. The best option in these cases is to seek advice from a skilled auto accident attorney.
Contact us or call us at 918-359-6600 for a free consultation.