California Negligence and Comparative Negligence Law Define What Negligence Is
If you are injured in an accident the only way that you can recover damages is if the other party was negligent.
Negligence as a legal term refers to whether or not an individual acted as a reasonable person would have under the same or similar circumstances. To be successful in an action for negligence, the injured party must show that the responsible party breached a duty of care giving rise to damages. Most all auto accidents are based on a theory of negligence. Therefore, if you are stopped at a stop sign and another individual rear-ends your vehicle, that individual breached the duty of care by not stopping. This “breach of duty” equals negligence. You would therefore have a cause of action or the right to recover damages from the negligent or responsible party. And you will definitely benefit by having a car accident attorney by your side to see that you get the compensation you deserve.