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  • Writer's pictureAcclaim Law Group

What is Negligence & How is it Determined?

Negligence is failing to take proper care in doing something. When you get behind the wheel of a vehicle you have a duty to exercise a reasonable amount of care to avoid injuring others. Failing to uphold a duty of care results in negligence. A valid car accident claim requires the following elements of negligence to be determined:

- Duty to operate a vehicle in a safe manner - Driver breached this duty

- The driver was liable for the accident due to their actions

- The accident caused the injuries

- The injuries resulted in damages

Proving that the other driver was negligent can sometimes be a little more complicated than we think. Even when an insurance company takes responsibility for causing an accident, they will often claim that either the injuries suffered were not caused by the accident or the injuries were minor. This is why it’s important to hire an experienced San Diego personal injury attorney to help determine whether the insurance company is being fair.

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