Negligence is the legal theory behind most personal injury and auto accident claims. It describes someone’s failure to fulfill the accepted duties of care in a situation. According to traffic laws, every driver in Nebraska has a legal duty to reasonably prevent accidents. If a driver is negligent in fulfilling this duty, those injured in a subsequent car accident can bring negligence claims against the at-fault driver. Learning how to spot a negligent driver could help you understand when you have the right to file a claim to damages in Nebraska with the help of an Omaha car accident attorney.
Speeding
Speeding is one of the most common forms of driver negligence. It can refer to both exceeding posted speed limits as well as driving too fast for conditions. If it was raining at the time of your car accident, for example, a driver could be guilty of speeding even if he or she was under the speed limit. In 2019, 601 injury crashes and 30 fatal crashes in Nebraska were related to speeding. If you notice a driver speeding, that driver is being negligent. Excessive speeding is recklessness. Both can make a driver liable for a related auto accident in Nebraska.
Tailgating
Tailgating refers to one driver driving too closely to the back of a vehicle in front of him or her. Tailgating is a type of negligent driver behavior that may arise from distracted driving, speeding, texting and driving, driving drowsy, and driving drunk. An aggressive driver experiencing road rage may also tailgate and drive recklessly. If someone rear-ended you while tailgating your vehicle, that driver could be responsible for your injuries and property damages from driving negligently.
Short Stops
If you notice a driver slamming on the brakes or making short stops, he or she could be guilty of distracted driving. Distracted driving can increase reaction times and the likelihood of the driver causing an accident. Distractions such as cellphones were responsible for 4,369 traffic accidents in Nebraska in 2018 alone. Many of these accidents involved bicyclists and pedestrians in Omaha. Short stops could also be a sign of a driver falling asleep behind the wheel or driving while intoxicated. All are examples of driver negligence.
Weaving Between Lanes of Traffic
A driver may recklessly weave between multiple lanes of traffic if he or she is in a hurry and speeding. An impatient or aggressive driver may put lives in danger for the sake of saving a few minutes. It is negligent and dangerous for a driver to dismiss roadway rules, speed and make multiple unsafe lane changes. If this type of driver caused your accident, your lawyer can help you prove his or her negligence.
Red-Light Running
Other common mistakes negligent drivers make are rolling through stop signs and running red lights. These are dangerous practices that can lead to some of the most catastrophic accidents on the road – T-bone collisions. A T-bone accident can be deadly. It is a collision between the front of one vehicle and the side of another, frequently seen in intersection accidents. Proof that a negligent driver ran a red light or did not stop at a stop sign could help you recover compensation for a related car accident.
Injured By Negligence? Contact a Car Accident Attorney
Before a courtroom will give you a financial award for your car accident damages, you or your car accident attorney must prove through a preponderance of the evidence that the other driver owed you a duty of reasonable care, negligently failed to fulfill this duty, caused your car accident and gave you compensable damages. Negligence is a complex legal subject involved in almost every car accident case. Hiring an attorney in Omaha can make it easier to illustrate the necessary elements and obtain fair compensation for your auto accident.