If you have to wonder if you have a case or not, just see if you can pinpoint where negligence came into play. Knowing a little about who is responsible for your injury can go a long way towards helping you and your lawyer figure out damages.
Pinpointing the Negligence
Figuring out negligence is a lot like asking yourself "who is at fault for my injury?" Even if you can place some of the blame on yourself, you can still have a case. Negligence involves someone creating a hazardous situation, usually without meaning to. When it's on purpose, then it is an intentional tort, which can add damages to a personal injury case.
For example, who holds the blame if you're riding your bike down a street and a car turns into you at an intersection? An attempt to pinpoint the negligence can reveal many things about the accident. You need to analyze your actions, the actions of the driver, and the environment surrounding the accident.
- Were you riding your bike on a street that allowed it?
- Did you use the proper hand signal at the intersection?
- Were you wearing the proper attire for biking?
- Did your bike have the proper reflectors or other required safety features?
- Did you have the right of way?
The driver's actions
- Did he or she have the right of way?
- Was he or she paying attention to the road?
- Was he or she impaired in any way?
- Was there proper signage to indicate traffic conditions?
- Was there a traffic light? Or a yield or stop sign?
- Were there markings to indicate bike traffic?
If that accident causes you an injury and you did everything you were supposed to do, then the blame is on the negligent driver. The blame can also fall on the municipality. This gives you two avenues to pursue damages as it indicates negligence on the part of multiple parties.
Help Your Attorney to Help You
Figuring out who holds the most liability is usually the job of your personal injury attorney. However, your attorney can only start their investigation based on what you tell him or her. That's why it's important you help them to pinpoint the negligence.
If you are in an accident, you should seek medical attention immediately. After that, you should speak to a personal injury attorney, Hoffman, Hamer & Associates, PLLC. Make sure you tell them exactly what happened and how to the best of your ability.
Pinpointing negligence isn't always easy, especially when you're the one on the receiving end of it. But the more detail you have about your accident, the better your attorney can help you with your personal injury case.