Types of Negligence Applicable in an Atlanta Car Accident Case

car accident

A car accident, whether solo or multiple, happens primarily because of negligence. The difference is that there is a victim and a fault party in a two-vehicle or multiple vehicle collision. Also, the parties involved could share the blame, which affects the compensation amount the victim gets.

Understanding negligence helps you know when a person is the one at fault for an accident. In this article, we examine the doctrine of negligence in car accident cases and the different types. If you are the victim of a car accident, our Atlanta car accident lawyers will offer you expert legal advice and representation.

What Is Negligence? 

Negligence is a tort doctrine that applies in several types of civil lawsuits. It means the failure of a person, usually the defendant, to exercise reasonable care, and such failure resulting in an injury to another person, the plaintiff. A person would have acted negligently if they failed to act in a manner another “reasonable” person would have acted in the same circumstances.

In a car accident case, a lawsuit based on negligence would be on the following four factors:

  • The fault party owed the victim a duty of care
  • The fault driver breached the duty by failing to exercise reasonable care
  • The fault party caused harm to the victim due to the breached duty
  • The harm resulted in damages

Common examples of acts of negligence in a car accident case are:

  • Failure to obey traffic laws, e.g., running red lights or traffic stops, failing to yield, speeding, driving too slowly, e.t.c.
  • Failing to be vigilant behind the wheel, e.g., being distracted by calling, texting, or mentally zoning out.
  • Failing to maintain control of the vehicle, e.g., sudden stops, stopping over an intersection line, and swerving.
  • Failing to properly use the vehicle’s equipment, e.g., failing to the vehicle’s turn signal when turning, or engage hazard lights when necessary.

What Are the Types of Negligence in a Car Accident Case?

There are primarily four types of negligence, and the facts of your case determine the one that applies. The facts also determine if one or two or more of the negligence types discussed below would apply.

Gross Negligence 

Negligence can be ordinary or gross. Ordinary negligence is what the general definition of negligence covers. You don’t need to go the extra mile to prove ordinary negligence. For example, showing that a person drove through a stop sign is enough to get you compensation for any injury and property damage from such an act.

Things are not so straightforward with gross negligence. By definition, it is the blatant, willful, and gross disregard for the safety of others. It means that the defendant knew their actions could harm someone and went ahead to do it. Car accident victims who can prove gross negligence get awarded punitive damages. However, proving it is hard to do, so, work with an Atlanta auto accident attorney.

Vicarious Liability 

Vicarious liability is a tort doctrine. It comes into play when you need to prove that an employer is vicariously liable for the accident caused by their employee. An excellent example of an accident case where this doctrine applies is trucking collisions or a rideshare accident. Suppose a trucking or rideshare company hires a driver with a DUI history. They will be vicariously liable for any injury arising from an accident caused by the driver when impaired.

Contributory Negligence

Contributory negligence means that both parties to the crash contributed to it, and therefore, cannot get compensation. Here, even if the supposed victim’s fault is only 1%, they will be unable to get damages. The rigid nature of the law is why only four states in the U.S. and the District of Columbia use it. Other states follow the comparative negligence rule.

Comparative Negligence

Under the comparative negligence law, each party to the accident will get compensated based on their fault level. Comparative negligence is divided into two — pure and modified. Pure comparative negligence allows the plaintiff to recover even if they share a high fault degree. Modified comparative negligence stops the plaintiff from getting damages if their fault is at 51%. Georgia, like several other U.S. states, practices the modified comparative negligence.

Consult With Atlanta’s Premium Car Accident Lawyers Today!

At The Weinstein Firm, our auto accident attorneys understand how the negligence doctrine works and how to prove its presence in a car accident case. We will bring this wealth of knowledge to bear on your case and get you justice by getting maximum compensation. We work on a contingency fee basis and will demand no upfront fee. Contact us today to schedule a free initial consultation.

Latest Posts

The Statute of Limitations for Georgia Car Accident Claims
Negotiating with Insurance Adjusters After a Crash
Understanding Liability in Uber Accidents: Who’s Responsible?
What Happens to Your Body in a Truck Crash
Get the compensation
you deserve $$$

Local Auto Accidents

  • Atlanta
  • Conyers
  • Decatur
  • Kennesaw
  • Lawrenceville
  • Morrow
  • Watkinsville

2 killed in Rockdale County multi-vehicle crash, sheriff’s office says  Atlanta News First [...]

Multiple crew members injured in crash on Georgia set of Eddie Murphy movie  FOX 5 Atlanta [...]

Best Divorce Lawyers Atlanta, GA Of 2024 – Forbes Advisor  Forbes [...]

Chase leads to serious crash that left 3 injured in southwest Atlanta  Atlanta News First [...]

Atlanta traffic: Crash on I-75 south in Forest Park near airport  11Alive.com WXIA [...]

Car crashes into Decatur home's living room; intersection called dangerous  Herald & Review [...]

1 dead in overnight Decatur car crash, police say  Atlanta News First [...]

Deadly Miller Rd/Covington Hwy crash: DeKalb Police  11Alive.com WXIA [...]

16-year-old student dies in crash, marking Lakeside High's fifth traffic fatality this school year  Decaturish.com [...]

3 Dead In Fiery South Fulton Crash Involving Slingshot: Reports  Patch [...]

Construction accident claims life of Watkinsville company employee  Online Athens [...]

Watkinsville, GA - Fatal Pickup Collision on GA HWY 53 & Snows Mill Rd  Local Accident Reports [...]

Two pickups crash killing woman and injuring four other people  Online Athens [...]

Athens man killed in vehicle vs pedestrian accident on Commerce Road  WGAU [...]

Truck driver killed, 3 others injured in related traffic accidents, Athens police say  Atlanta News First [...]

Clayton County: Stolen ambulance chase leads to crash near Tara Boulevard, Dixon Road  FOX 5 Atlanta [...]

Four killed after wrong-way driver crashes into car on Morrow County highway  Yahoo! Voices [...]

Cristal Galloso Olvera, Ivonne Olvera die in Morrow County car crash  The Legal Advocate [...]

Teenage car break-in suspect in Gwinnett County struck by vehicle  FOX 5 Atlanta [...]

Teen caught breaking into cars runs, gets hit by a car and critically injured, police say  WSB Atlanta [...]

Cobb County news car crashes into family home Kennesaw/Acworth | 11alive.com  11Alive.com WXIA [...]

“Thank God we’re still alive”: Suspected drunk driver crashes into 2 homes  WSB Atlanta [...]

Car takes off from traffic stop, crashes into 2 houses in Cobb County  Atlanta News First [...]

Motorcyclist seriously injured in crash on Macland Road in Cobb County  Cobb County Courier [...]

2 seriously injured in motorcycle/dump truck collision in Cobb County  Cobb County Courier [...]

GDOT: I75 crash in Henry County, all lanes closed  11Alive.com WXIA [...]

Woman killed in Henry wreck that shut down I-75 South for hours   The Atlanta Journal Constitution [...]

Driver in deadly Peachtree Corners high-speed crash charged with murder  FOX 5 Atlanta [...]

Breaking: Gwinnett PD seeks witnesses in 2 crashes resulting in 4 fatalities, including 2 children  Monroe Local News [...]

4 Dead, At Least 3 Injured In 2 Gwinnett Co. Crashes  Patch [...]

Russell Jacoby Obituary - PA  The Morning Call [...]

Who Has the Cheapest Car Insurance Quotes in Georgia in 2024?  ValuePenguin [...]

2 killed in motorcycle crash on I-20 in Rockdale County  WSB Atlanta [...]

2 killed in Rockdale County multi-vehicle crash, sheriff’s office says  Atlanta News First [...]

I285 DeKalb Co, crash; all lanes closed: GDOT  11Alive.com WXIA [...]

Free Case Review
Weinstein law firm logo
Let's get started with your FREE consultation