When Personal Injury Is Caused By Negligence
Typically, a personal injury claim is based on negligence. Negligence occurs when someone causes harm by failing to take the degree of care that an ordinarily careful and reasonable person would take under the same or similar circumstances. For example, a reasonable person should watch the road while they are driving. If the driver is texting and driving and fails to see a car stopped in front of him or her, the driver is negligently failing to watch the road. That driver would be liable for any harm the results from the that negligent act.
When personal injury is caused by negligence, there are four things the injured person must prove: (1) the defendant owed you a duty of care; (2) the defendant breached that duty; (3) the breach of the duty was the proximate cause of your injury; and (4) personal injury, property damage or both. Using our example, the driver owed the other drivers on the road the duty of care of complying with Ohio traffic laws. When that driver breached that duty by texting and failing to watch the road, and striking the vehicle in front of the driver, the driver failed to maintain an assured clear distance as required under Ohio law
. The driver’s action is the proximate cause of the damage to the other vehicle and the people inside the other vehicle. The damages may include the monetary amount required to repair or replace the vehicle and to treat the injury from the accident.
To learn more, read my other related personal injury posts, where I wrote about negligent entrustment
, slip and fall personal injury cases in Ohio
, bifurcating personal injury trials in Ohio
, Ohio traffic accident tips
, Ohio personal injury tips
, Don’t forget to look at my personal injury page
An experienced personal injury attorney can use the law of negligence to fight for the injured person’s rights. Attorney Gigiano is an experienced Medina County personal injury attorney in Wadsworth. His positive work is reflected in the client reviews for Daniel Gigiano
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Call Attorney Gigiano at 330-336-3330 if you need the services of a Wooster personal injury attorney near Orrville or a Summit County personal injury attorney near Barberton, please call Attorney Daniel F. Gigiano at 330-336-3330.