Summary of Important Terms in Negligent torts

If you are injured in a vehicular accident, you can recover damages for your injuries and losses. You can file a personal injury lawsuit and prove the fault of the defendant. You can do this by first knowing negligent torts that you will later on establish with the help of your lawyer.

Here is a summary of important terms in negligent torts:

Negligence

It is the careless act or failure of the individual to exercise reasonable standard of care. The court has strict penalties for negligent acts.

The plaintiff needs to prove that the defendant violated a traffic safety rule or failed to exercise a duty of care (For example, impaired driving). Then, he or she needs to establish this negligent act as a cause of the accident, leading to injuries.

Standard of care

It is the standard or measure by which the court evaluates how normal the person has acted under the given circumstance. It is the objective average behavior that any person will respond to a specific stimulus.

The knowledge, experience, status, internal and external factors, and existing laws are factors being considered in determining the standard of care. A driver with professional license will be considered as knowledgeable of traffic rules and safety procedure on the road.

If he or she commits drunken driving violation, the law views him as responsible for his actions, and will be given heavier penalties. The awareness of the law, the willful act, and motive for doing a tortious behavior are elements measured in standard of care theory.

Malice

It is similar to intentional misconduct wherein the wrongful act is done with a predetermined knowledge of causing harm to others. Malicious acts clearly violate the duty of an individual to consider the safety and welfare of other people. The court orders punitive damages for this case.

Duty of care

It is the responsibility of any individual to avoid harm or cause harm to other people. An individual also has the responsibility to protect other people from a known or potential danger. The court uses a standard guide for evaluating the level of duty of care that a defendant or a plaintiff has exercised.

Breach of duty of care is the disregard for the safety of others and failure to prevent expected dangers. All traffic rules, road safety warning, and driving standards constitutes what would make a negligent act.

If you are injured in a vehicular accident, you may file a lawsuit. Consult a personal injury attorney in Los Angeles and learn more on Negligence and Tort law.