Traffic Accident? Find Out If A Negligence Claim Is In Order

According to the Department of Infrastructure and Regional Development, hundreds of accidents take place on Australian roads every year. A good portion of those accidents are caused by negligence. If you or someone you know has been in an accident, it is important to evaluate if the cause was natural or if negligence was at play. In this article, find out how you can tell if a particular accident was caused by someone's negligence. 

Driver not fit to drive 

One of the most common cases of negligence on the roads if where the driver that caused the accident was not fit to drive in the first place. This can happen where the driver is drunk or high due to consumption of other drugs. The driver may also be sick, handicapped (including eye problems), mentally incapacitated or without a valid driver's licence.

Driver not fully alert

Another common case of negligent driving is where the driver is not fully alert while behind the wheel, hence causing the accident. A good example of this is driving while using a mobile phone – texting, browsing or calling. Other examples are driver being distracted by the passenger or driver not knowing the travel route well. In all these cases, it is the driver's responsibility to ensure that they are fit and comfortable enough to drive.

Car not roadworthy

In other cases, it is the state of the vehicle that is the cause of the accident. However, this still leads to the driver being directly responsible as they are supposed to check and ensure that their vehicle is roadworthy before driving it. Examples of such scenarios include failed brakes, failed or missing headlights/signal lights, etc.

Traffic sign not observed

Another possible reason for traffic negligence is where the driver fails to observe traffic signs. For example, the driver may be over speeding in an area where the maximum speed is capped. The driver may also be driving on the wrong side of the road, driving in the wrong direction, driving over a pedestrian crossing or driving over pedestrian pavement, among other examples.

Pedestrian in the wrong

Last but not least, pedestrians, too, can cause negligent accidents. Pedestrians here describe people crossing the road, those on the sidewalks or even workers servicing the road and roadside signs. Examples of such cases include walking on the vehicle lane, crossing at an undesignated point or deliberately interfering with vehicle flow.

Once you file a negligence claim with your lawyer, they will undertake further investigations to find out details such as whether the vehicle had been licensed, insured, well, serviced etc. They will then seek compensation for the pain, loss and trauma that you have suffered as a result.