Louisville Personal Injury Attorneys

Personal injury attorneys don’t argue that the automobile revolutionized industrial America and brought the great expanse of the nation within reach of all who could afford this mode of transportation. As manufacturing techniques developed to allow mass production and the cost of ownership dropped to the poor man's level of affordability, the burgeoning highway system soon became glutted with drivers seeking the benefits and pleasures of motorized travel. The downside was that with the increased number of automobiles occupying the nation's highways came a proportionate increase in the number of traffic accidents. A great many of these collisions resulted in serious personal injury to the drivers. Statistics soon revealed a staggering and alarming rate of injury and death to a growing number of drivers, passengers, and pedestrians who were often left without adequate compensation from financially irresponsible and negligent automobile drivers who took to the public streets and highways with greater frequency and in greater numbers.

Personal injury litigation flourished from the carnage on America's highways and it soon became evident to the attorneys that they had to find a source of compensation for the innocent and hapless victims of these tragedies. As plaintiff lawyers groped in their “quest for a financially responsible defendant,” various legal theories developed. The most popular became the doctrine of vicarious liability which allowed the owner of the automobile to be held accountable for the negligence of the driver. Although different versions of this theory have been applied to automobile accident cases, very few states in have adopted it outright. Regardless, vicarious liability claims are alive and well in Louisville personal injury cases, a constant reminder that the focus of good personal injury litigation is often more about finding the negligent defendant with the best ability to compensate the victim for his or her loss rather than the one who may be considered more culpable.

If you have been injured due to a motorists negligent driving, discussing your case with an experienced Louisville personal injury attorney may yield some interesting insight into the complexities that follow your claim for money damages.

 

Duty of Care

In certain case of negligence, it is important to examine whether the accused owed a duty of care to the victim. All drivers are presumed to owe a duty of care to other motorists in addition to passengers in their own car.  For instance, if the defendant injures their passenger while driving, the law would easily find a relationship beyween the driver and the victim in this instance. 

Neglect or Breach of Duty

The law of negligence applies when the defendant has neglected or breached the duty of care owed to the plaintiff. Such a breach of duty occurs when the defendant fails to exercise a reasonable or expected care in carrying out the duty. The victims in such circumstances may contact a Louisville personal injury attorney to evaluate the facts of the case and protect the rights of the victims if there is a breach of duty involved. 

Negligence as Actual Cause 

In a case involving personal injury due to negligence of one of the parties, it is important to prove that the actions of the defendant actually resulted in injury to the victim. This is usually termed as “but-for” causation, which implies that but for the negligent action of the defendant, the victim would not have been injured. This is one of the key elements in the law of negligence that helps to establish whether the defendant is actually at fault.