Last updated 1 year ago
Negligence is the legal term used to describe carelessness and is defined as behavior that falls below the standard of care of how a reasonably prudent person would act in a certain situation. When you say someone was negligent, it can mean either that a person acted or failed to take action in a way that a reasonably prudent person in the same situation would not have, and as a result caused harm to a person or property.
Instances of Negligence
Negligent conduct can occur in virtually any situation. It can include leaving a piece of equipment in the workplace in a position likely to cause someone to trip and fall or failing to check your rearview mirrors properly while changing lanes in a car. The crux of negligence is to compare the actions of a person with those of a reasonably prudent person in the same exact situation. Thus, if leaving that piece of equipment in the workplace was the same place a reasonably prudent person would have had to leave it, it is not negligent conduct.
Proving Negligence
Negligence is a common law principle for creating liability. At trial, most often each of the four elements of negligence must be proven:
- Duty: that the person had a duty of care not to injure the plaintiff (or the public at large, such as the case when you drive a car).
- Breach: that the party breached this duty by acting differently than the reasonably prudent person would in that situation.
- Causation: that the actions in question actually and proximately caused the injury.
- Damages: proof that the victim suffered harm.
There are other methods to prove negligence as well. Some statutes are really just ways to codify behavior that is considered negligent. DUI laws are an example of this, where driving under the influence of alcohol is assumed to be negligent behavior. Thus, by breaking the statute it can be assumed you were negligent, rather than having to prove negligence element by element.
Negligent conduct can occur anywhere and during any activity. It is a complicated area of the law, one that law students spend months learning about, and one that can take years of practice to become truly familiar with. If you have any questions, or would like to obtain professional representation in the Chicago region concerning your negligence or personal injury case, call the experienced personal injury lawyer Steve Malman at (312) 983-6193. We are a law firm dedicated to protecting the rights of injury victims, and we will do whatever it takes to help you receive your financial recovery as quickly as possible.
Disclaimer:
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Last updated 1 year ago
When you have been injured as the result of another person's negligence, it's crucial that you know your legal rights so that you can take steps to protect them. For more information about common personal injury cases, check out these online resources or contact Malman Law at (312) 983-6193.
- The AAA Foundation for Traffic Safety sponsored this comprehensive study of the effect of cell phone use while driving.
- As this article at ScienceDaily reports, cell phone use poses a significant threat to drivers and pedestrians alike.
- At its official website, the Governors’ Highway Safety Association provides a guide to cell phone use laws governing drivers in all 50 states.
- eHow.com offers some tips for determining liability after an auto accident.
- FindLaw.com provides an overview of how responsibility for a traffic accident is determined.
- Cornell University Law School provides a helpful overview of workers' compensation laws and when they apply.
- Nolo.com lists some of the injuries and illnesses that may be covered by workers' compensation.
- This year, Illinois changed its workers' compensation laws. The Chicago Tribune explains how the changes will affect employees around the state.
- The Washington State Department of Labor and Industries lists the seven injuries most commonly cited in workers' compensation.
- This chart, from The Bureau of Labor Statistics at the U.S. Department of Labor, shows the relative percentage of each of the most frequent on-the-job injuries.
Disclaimer:
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Last updated 1 year ago
There was a time when cell phone use actually reduced the number of traffic fatalities. As a recent study shows, when cell phones were first introduced in the 1980s, they had a “life-saving effect” because they made it easier to call for help after an accident. But as cell phones became more widespread, they began to pose a serious threat to traffic safety.
Consequences of Cell Phone Use
According to the Human Factors and Ergonomics Society, more than 2,600 deaths–and upwards of 330,000 injuries–annually can be attributed to use of cell phones by drivers. The effect of cell phone use on a driver has been compared by many experts to that of severe intoxication.
Distraction
In addition to taking one of the driver's hands off the wheel, a cell phone serves as a distraction to the driver. Experiments have demonstrated that people are much less slow to respond—even in situations where failing to respond would result in an accident—while they are talking on the phone. Even hands-free cell phones are dangerously distracting; studies have shown that they take a driver's mind off the road in a way that conversations with passengers do not.
Text Messaging
The introduction of text messaging in the 1990s added a new danger to cell phone use. Text messaging, which requires a driver to take his or her eyes off the road, is even more dangerous than talking on the phone while driving. A driver who texts behind the wheel is far more likely than the average driver to become involved in a road accident.
If you have been involved in an accident in which the other driver was distracted by a cell phone, a personal injury lawyer's services are indispensable. At Malman Law, a personal injury firm serving the Chicago area, our personal injury lawyers bring more than 17 years of experience with personal injury cases to the table. When you need a personal injury attorney, call (312) 983-6193 to schedule a consultation with one of our injury lawyers, or visit our website to learn more about our areas of practice.
Disclaimer:
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Last updated 1 year ago
In order to determine fault in a car accident, an insurance company will ask several questions about each driver involved:
Was the driver negligent or impaired?
Every driver is required to be alert and capable at all times while driving. A driver who is texting while driving, or a driver whose judgment is impaired by drugs or alcohol, is in violation of this rule, as well as of specific laws forbidding such behavior.
Did the driver break any traffic laws?
A driver is much more likely to be held responsible for a car accident if he or she violated state traffic laws. Running a red light or a stop sign, driving in excess of the speed limit, and switching lanes without signaling are all actions that can place other cars at risk and lead to an accident.
Did the driver try to avoid the accident?
Even if another driver has violated traffic laws, it is still imperative on other drivers to do their best to avoid an accident. More serious violations of the law weigh more heavily in determining fault. If a car runs a red light and hits a car that is speeding, for instance, the car that violated the red light law is more likely to be held liable.
What did these factors contribute to the accident?
A causal link must now be established between these factors and the accident. If a driver's brake lights are broken, for instance, that driver may be found liable or partly liable if another car hits them in a rear-end collision, because that driver's negligence helped contribute to the conditions for the accident.
Hiring a qualified personal injury lawyer is essential to winning a fair settlement in your personal injury case. If you have been involved in an accident, contact Malman Law, a personal injury firm serving the Chicago area. Our personal injury lawyers are highly experienced and dedicated to fighting for your legal rights. To schedule a consultation with one of our injury attorneys, contact us today at (312) 983-6193. For more information, visit our website.
Disclaimer:
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Last updated 1 year ago
For employees, construction sites rank among the most dangerous work environments in the United States. About 1 in 10 construction workers sustains a serious injury annually, and construction work consistently has the highest number of fatal injuries of any industry today.
Construction accidents run the gamut from overexertion to severe head injuries. They are often caused by malfunctioning or inadequately maintained equipment, failure to block off dangerous areas, and failure to adequately train employees. If you have sustained a serious injury as part of your construction job, contact a qualified personal injury attorney immediately to discuss your case.
When you need authoritative legal advice and representation, call Malman Law to schedule a consultation with one of our personal injury attorneys. You can reach us by calling (312) 983-6193 or by visiting our website.
Disclaimer:
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.