Negligence is the “legalese” word for carelessness. It refers to the defendant’s failure to exercise the same degree of care that a “reasonable person” would be expected to exercise under the circumstances of the accident.
Since negligence can take so many forms, there is no specific formula to determine whether a particular action or failure to act was negligent – it all depends on the extent to which your lawyer can convince the court that a “reasonable person” would have exercised more outstanding care than the defendant did.
Proving negligence alone will not win a lawsuit – you must also prove that the defendant’s negligence was the actual cause of the accident. Even a drunken driver, for example, can win a lawsuit if they can prove that the accident would have occurred even if the driver had been “sober as a judge.”
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