How are accidents handled when negligence or carelessness is involved?
Suppose a normally careful driver gets momentarily distracted while talking on a cell phone and rear-ends the car in front of him. Although the driver thought he was driving safely, the "accident" injures both a passenger in his own car and a passenger of the car in front.
If the driver was not exercising the standards of care required of a person driving a car, he would be said to be acting "negligently." In that case, the driver (and the driver’s insurance company, to the extent of the policy limits) will be responsible for the damages and injuries the accident caused. Some states have "guest statutes" in which a "guest" in someone's car is limited to what they can recover from an insurance company depending on the driver's conduct. A lawyer can help you assess whether the driver's conduct might have amounted to more than simple negligence which would allow for recovery against the driver. |