Negligent driving is when someone is driving at a speed or in a way that is a risk to others, including motorists, cyclists, pedestrians and passengers. Driving is part of day-to-day life, and every time you operate a motor vehicle you have a responsibility to drive the vehicle in a manner that preserves the safety of others.
Known as the law of negligence, everyone must take reasonable care not to cause foreseeable harm to other people, or their property. If you want to know if you are eligible for an injury compensation claim due to driver negligence, call us to discuss your options. For general information about negligent driving, read on to learn more.
Circumstances that are a factor in negligent driving
For a driver to be negligent, there must something that causes a risk to the public above what is usually associated with driving a motor vehicle. There are a number of factors that may come into play here, but some key circumstances include:
- Driving a car that is not road worthy
- Not driving to suit weather, or other traffic conditions
- Driving under the influence of drugs or alcohol
- Driving when tired or drowsy
- Driving too close to another vehicle
- Failing to give way or otherwise abide by the road rules
- Failing to keep a proper look out
- Speeding
It doesn’t matter if someone believes they were driving responsibly. If it causes danger to the public, it may be considered negligent driving.
Negligent driving and at-fault drivers
There is generally a connection between negligent driving and that driver being determined as the at-fault drivers in an accident. At-fault drivers determine liability for a compensation claim, while negligent driving, in certain circumstances may lead to a criminal charge and fine or imprisonment.
During a personal injury claim, evidence is gathered to determine which driver was at fault. Ultimately, this will determine which party is liable for paying injury compensation. A claim for compensation for personal injury, will need to be lodged with the CTP insurer of the at-fault driver’s vehicle.
Claiming personal injury compensation against a negligent driver
If you were injured in a car accident caused by another driver’s negligence, you may be eligible to claim compensation for the injuries and loss sustained as a result. This will help you cover income loss and medical costs that have resulted from the injury. A claim for compensation for personal injury will need to be lodged with the CTP insurer of the at-fault driver’s vehicle. Get in touch to discuss your options with one of our expert injury lawyers.