Accidents & Negligence

Unless there is some act of negligence on the part of the Defendant, which caused the injury or damage, the fact that an innocent person sustained injury or damage does not place any responsibility on another party, if the person who caused the injury failed to do what a person of ordinary reason and prudence would have done.

The insured person may be entitled to damages.  The burden of proof is on the Plaintiff to establish all the elements of negligence:

• the defendant was negligent, careless and/or reckless, willful or wanton, in one or more ways;
• the plaintiff was injured or damaged in his/her person or property or  both;
• the defendant’s negligence, carelessness and/or recklessness, willfulness, and wantonness, in one or more of the particulars as alleged in the complaint, was the proximate cause of the plaintiff’s injuries.

If the plaintiff has proved the defendant was negligent (and/or reckless, willful, and wanton), then the next inquiry would be whether the plaintiff has proved that such negligence was the proximate cause of the injury or damage. Negligence is not actionable unless it proximately causes the plaintiff’s injuries.  A plaintiff may only recover for injuries proximately caused by the defendant’s negligence.

Automobile Accident <- Back – Next -> Assault and Battery