The Duty of Care and Proving Negligence in a Pennsylvania Personal Injury ClaimPa Accident News
Car accidents and any other types of accidents on our roads or in our workplaces are becoming more prevalent as the years go by in Pennsylvania. In fact, accidents occur every hour of the day. This means that hundreds of individuals will bring personal injury claims every month due to the injuries that they have sustained in these accidents. After an accident that was caused by another party, you may wonder: Who is legally responsible and how do you prove negligence?
Understanding the Duty of Care in a Car Accident
Under Pennsylvania law, you must be prepared to show something known as the ‘duty of care.’ If you want to successfully move forward with an injury claim, you must show that there was a duty of care to be owed to you, the injured party. Here is an example of the duty of care and how it can help show that another party is legally liable for your claim:
Example: A truck driver is hired by a trucking company and has to abide by the rules and regulations of the road when operating their vehicle. This means that they are expected to drive in a reasonable manner and should never engage in negligent acts such as speeding, distracted driving, or falling asleep at the wheel. While on the road one day, the truck driver falls asleep at the wheel and causes an accident because they were not abiding by the hours-of-service. They owed a duty of care to all drivers but their negligent acts led to an accident. This means that a driver would have a claim if they received injuries and other damages.
“Reasonable care” also goes hand-in-hand with the duty of care. All drivers, workers, and other parties are expected to use reasonable care so that accidents can be prevented. Reasonable care varies depending on the circumstances of a situation.
Proving That Negligence Was at Play
No matter how an accident occurred, you will have to show that negligence occurred and actually led to your injuries. If you wish to receive compensation in a personal injury claim, you will have to show that some of the following aspects were prevalent:
- You must show that the other party acted in a reckless manner that led to your accident. This is how you can successfully achieve injury damages.
- If somebody acted in a negligent manner in a workplace and it led to your accident, both the employer and the employee could be held legally liable.
- If a defective product hurt you, the seller of the product is liable even if they did not create the defective product.
- You only need to make a reasonable argument in settlement or court that the other person acted negligently if you want to be successful in your claim.
Speaking with a Pennsylvania Personal Injury Attorney
After an accident, you will need the assistance of a knowledgeable Pennsylvania personal injury attorney on your side. Our attorneys at Edelstein Martin & Nelson will negotiate on your behalf to help you receive a fair settlement when it comes to your claim. We understand how overwhelming it can be to face a collision or any other type of accident case on your own, especially knowing that another party is to blame. Our attorneys are here for you in your time of need. Please contact a personal injury attorney in Pennsylvania at (215) 731-9900 for more information on how we can assist you.