What is driver negligence?

Whenever you get behind the wheel of a car in Colorado, you are required to follow all state driving laws. All motorists have an inherent duty to other drivers, passengers, bicyclists, pedestrians, and people in general to operate their vehicles in a safe manner and in accordance with traffic laws. Failure to act responsibly behind the wheel is often referred to as driver negligence.

Common forms of driver negligence

If you have been involved in a car accident with another vehicle, it is likely that at least one of you engaged in some form of negligent driving. Some common examples of negligent driving include:

  • Following too closely behind another vehicle
  • Failing to keep a proper lookout
  • Failing to maintain control of the vehicle
  • Driving at an excessive rate of speed
  • Driving under the influence of alcohol
  • Texting, surfing the internet, eating, and other forms of distracted driving

Filing a personal injury claim after an accident

As an accident victim, if you choose to file a personal injury lawsuit against the other driver, you will need to prove the legal elements of negligence. These elements are:

  • Duty – As mentioned above, all motorists owe a duty to others to operate their vehicles responsibly.
  • Breach – Failing to abide by traffic laws or driving recklessly could constitute a breach of duty.
  • Causation – If the accident would not have occurred “but for” the other party’s negligence, and the accident and your injuries were proximately caused by the other party’s negligence, the causation element has been met.
  • Damages – Lastly, you will need to show that you suffered injuries and/or damages as result of the collision.

A personal injury attorney in the Golden area can help you bring your lawsuit in court after an accident so you can recover damages for your medical expenses, lost wages, and other expenses you may have after the accident.