In order to get compensated for a personal injury, the claimant or plaintiff must show that the responsible party was negligent. Without proof of negligence, the claimant/plaintiff has no grounds for initiating a personal injury case.
In a personal injury case, negligence must serve as the basis for a liability charge.
What is negligence? As per a personal injury lawyer in Lethbridge that is the act of behaving in a careless and neglectful manner.
How does a jury look for evidence of negligence? It needs to consider what a reasonable person would have done in the same situation. The law views a reasonable person as someone that is prudent and careful.
What are some examples of reasonable behavior?
• Follows the rules of the road
• Obeys the signs and signal on the road
• Does not create an unnecessary level of alarm, such as yelling “fire” in a crowded theater.
• Checks for damages when managing a piece of property
What actions are not demanded of a reasonable person?
A reasonable person does not stop to consider every possible problem, before taking a chosen action.
A reasonable person does not have to take the required action for every possible scenario, before proceeding with a simple and basic action.
An example that illustrates the implications of the previous statements
Suppose a driver has signaled for a left-hand turn. He sees a pickup truck approaching, but thinks that he can make a left-hand turn in a hurry, without getting hit by the oncoming truck. He turns swiftly onto the road that intersects with the street on which he has been driving. The man’s wife, who is sitting next to him, looks startled. She feels that he should have waited. Her husband says, “That truck driver should have slowed down.” Is he right or wrong?
Which driver was more careful? Was the husband right to assume that the other driver should have slowed down. Did that same driver need to take the required action for each and every possible problem?
Maybe the husband just assumed that the man in the pickup truck would slow down, after seeing the blinking signal light. Did the husband need to consider every possible problem, before making that turn? Which of the 2 drivers had behaved in a reasonable manner?
Fortunately, the two vehicles did not collide that evening. If they had, then a jury would have needed to deliberate, while keeping some of the above questions in mind. The law trusts the opinion that comes from a body of 12 that has taken the time to deliberate.
Sometimes, drivers feel compelled to take a quick action. Perhaps, such an action is necessary. Still, the result of that same action could be judged both slowly and deliberately.