Road accidents are a serious concern as more than 13000 serious road accidents are reported each year. 33% of deaths from road accidents are a result of reckless or negligent driving. As important as it is to beware of careless or reckless driving, you should also know how to fight against negligent drivers. We’ve listed the four things you can do to fight negligent drivers and maximize your chances of winning.
Know the Difference Between Negligent and Reckless Driving
Before getting into how to fight negligent drivers, it is important to know what a negligent driver is by law. A negligent driver charge implies that a person has unintentionally failed to provide a safe space for the drivers and pedestrians around him/her. It is important to note the distinction between negligent driving and reckless driving; negligent driving means that that driver did not intend to cause damage. Here are some examples of negligent driving:
- driving while under the influence of intoxicants
- Texting while driving
- Not adhering to traffic signals, stops signs, and other traffic rules
- Over speeding
- Driving when you are too tired to focus
Collect the Necessary Evidence
If you are involved in an accident with a reckless driver, the first thing to do is to keep your cool and keep a level head to collect all information and evidence related to the accident. These are some of the very important pointers you should keep in mind when you get in an accident. The first is to prove the duty of the driver i.e. the driver owes you a safe environment to drive/walk in. The second is to prove that the driver has violated his duty of providing you care by breaking traffic rules. Another thing to do is collect evidence regarding any and all damages that may have been done to your person on your property, including any injuries you may have received and any monetary loss you may have faced. Evidence that you might want to collect includes:
- information of the negligent driver (this includes car number, name, license, etc.)
- Photographic evidence of the damage that was done to your person on your vehicle
- Receipts of any and all bills that you might have paid because of the accident that you want to be reimbursed ( medical bills, car mechanic bills, etc)
- Proof of the type of negligence if possible ( Breathalyzer test, speed camera reading, etc)
Hire a Good Lawyer
It may seem that if you have enough evidence regarding the damages you have faced in the accident due to negligent driving, that you are entitled to compensation but in a court of law, fighting a negligent driving case depends a lot on how your case is represented. After you have collected the information you will need, if you do not have a good lawyer representing your interests, it is of no use. So, if you’re someone that was recently involved in a car accident, it is best to reach out to a good law firm that specializes in road accidents and negligent driving accidents. They can help you safeguard your interests and to make sure you are properly compensated for your injuries or any other damages you might have faced. Typically you want your lawyer to present a well-made case to the judge with all the evidence mentioned above so that the judge has a clear picture of what happened during the incident.
Know the Law
In order to fight against negligent drivers and to win, you need to be aware of how you are held accountable by the law and how it might help you. The laws regarding negligent driving may differ according to the area in which you live, but it would help if you are well versed in the laws applicable in your area. It is understandable that an average person may not know much about the legal implications of negligent driving, but a general understanding of these rules may take you further along than you’d think. Each state has its own motor laws that the vehicles in their jurisdiction have to abide by, including the duty of the driver as mentioned above in the article. The duties are
- Abiding by the speed limit
- Looking out for other drivers and vehicles on the road
- Driving while sober
- Making sure that your vehicle is in proper working condition
If you have been part of an accident that you feel was caused by a negligent driver, you should follow the 4 tips mentioned above to make sure that you are legally covered and properly compensated for the damage that has been done to you or your vehicle. Following the above-mentioned tips can significantly maximize your chances of fighting negligent drivers and winning.