Posted on: 25 February 2022
If you are injured by a careless driver, you are likely entitled to compensation. In most cases, the other driver just failed to follow the rules of the road or was distracted long enough for an accident to occur. There is another situation, however, that rises above an accident and the compensation can be very different too. Read on to find out about negligence and how it affects your accident compensation.
In the case of an accident, victims can expect to be paid by the other driver (or their insurance company) for things like medical expenses, lost wages, pain and suffering, a vehicle repair, etc. Not all accidents are completely accidental, though. If the other driver's behavior gives rise to negligence, some victims may also be eligible for two additional types of financial payments beyond the norm.
What is Meant by Negligence?
The differences between an accident and negligence come down to causation. It has to do with the motivation of the driver at the time of the accident. Running a red light and causing a crash is one thing. Running that red light while texting is another. Many states prohibit the use of devices while driving. An accident associated with texting or other types of prohibited distractions is not only illegal but may constitute negligence. Other forms of negligence include:
- Reckless driving behaviors such as using excessive speed, weaving in and out of the lane of travel, and other aggressive actions.
- Driving while under the influence and causing an accident with injuries.
- Fleeing from law enforcement can be termed negligence.
It's Criminal Too
Most negligent driving actions are also traffic violations if not crimes punishable by an arrest. For serious offenses, those convicted may be ordered to pay victim restitution. When you sue a driver who was also convicted of a crime or charged with a serious driving offense, your case is not only stronger but you may also be paid for some of your accident and injury-related expenses through restitution.
In particularly egregious instances, the courts may award victims of negligence with additional monetary awards on top of what they usually deserve. Punitive awards are rare with car accidents, however, situations involving a high publicity accident, a large company, or a new law may merit an award. For example, punitive damages might send a message to a major beer delivery company if the driver was under the influence when they caused an accident.
No matter what type of accident or what motivated the other driver, you are probably entitled to be paid. Speak to a personal injury lawyer and find out more.
For more information, contact an auto accident lawyer near you.Share