What Is Considered a “Reasonable Person” When It Comes to Negligence?

What Is Considered a “Reasonable Person” When It Comes to Negligence?

In a personal injury claim, the standard of care that defines negligence is often measured against what a “reasonable person” would do in a similar situation. Interestingly enough, this hypothetical “reasonable person” might decide your case even though they don’t actually exist. However, determining the particular characteristics of a “reasonable person” can be a complex task, as they vary from case to case. 

The Four Legal Elements of a Negligence Claim

Every personal injury claim includes certain “elements,” which are facts that you must prove to win. The most common type of personal injury claim, negligence, typically includes four elements: duty, breach, damages, and causation. Below is an explanation of each, with special attention to how the “reasonable person” figures in. 

Duty of Care

Every adult of normal intelligence owes a duty of care to everyone else. This ordinary duty of care includes the duty to drive safely and to generally refrain from subjecting others to unreasonable risks of harm. The question here is, “What should a reasonable person do in this situation?” Would a reasonable person, for example, drive the speed limit on sheet ice during a blizzard? Probably not.

Breach of Duty

Breach of duty means failure to do your duty, either by doing something you shouldn’t do or by failing to do something you should do. Failing to turn on your windshield wipers while driving during a rainstorm is an example. You breach your duty of care when your behavior fails to meet the standard set by a “reasonable person” as defined by the applicable standard of care.

Damages

“Damages” means losses, both tangible and intangible. They include economic damages, such as medical expenses and lost earnings, as well as non-economic damages, such as pain and suffering. In some cases, they include punitive damages. Economic damages are relatively easy to prove, while proving non-economic damages can immerse you into a dispute about how much your subjective suffering is worth.

The “reasonable person” figures in here when the defendant accuses the plaintiff of failing to mitigate their damages. An example of this would be if you failed to follow your doctor’s instructions, thereby causing your medical condition to deteriorate and doubling your medical expenses. Why should the defendant pay for damages that you could have avoided with the exercise of reasonable care? 

Causation

The element of causation is what links the defendant’s breach of their duty of care (in other words, their negligence) with your injury. Without causation, you have no claim. Even if the defendant collided with you while drunk, for example, they would still defeat your claim if they could show that the accident would have occurred if they had been sober. Two types of causation matter: cause in fact and proximate cause.

Cause in Fact

Cause in fact is the logical type of causation. Cause in fact exists if you can prove that, but for the defendant’s negligence, your injury would not have occurred. Cause in fact is necessary, but not sufficient to give you victory. You also need to establish proximate cause.

Proximate Cause

Proximate cause is the subjective type of cause, and it is here that the “reasonable person” again becomes relevant. Even if cause in fact exists, the defendant is not liable if a “reasonable person” would not have foreseen the result. Even a reasonable person cannot foresee everything. 

Special Case: Negligence Per Se

In negligence per se (a shortcut to proving negligence), an enforceable safety standard such as a traffic law, for example, or a regulation on the construction or maintenance of swimming pools, serve as the standard of care. In this case, you don’t need to ask, “What should a reasonable person do in this situation?” A reasonable person would comply with the law.

Speak With a Reputable Personal Injury Lawyer

If you have been injured due to the negligence of another party, it is important to seek legal counsel as soon as possible. An experienced personal injury lawyer can guide you through the process of filing a claim.

Whom Can I Sue if an Uber Driver Hits Me

Whom Can I Sue if an Uber Driver Hits Me?

Getting into an accident with an Uber driver is rarely an easy experience. You could end up with significant medical bills, lost wages, and other types of financial losses on top of your pain and suffering. And with this type of accident, you might not be sure what your options are for compensation.

The good news is that you’ll generally have a party to file a lawsuit (or insurance claim) against after a collision with an Uber vehicle in California and Nevada. Whom exactly you will sue will come down to the facts and circumstances of the situation. The sections below will fill you in on the details.

Considerations Under California and Nevada Law

It’s helpful to note at the onset that California and Nevada are both considered “at fault” states when it comes to car insurance. Some states follow “no-fault” rules instead; in those states, you cannot file a lawsuit against the at-fault driver unless the accident is especially serious, as defined by state law. In at-fault states like Nevada and California, you can file a lawsuit against the at-fault party after a car accident. 

That said, another important consideration is that, as of now, Uber drivers are considered independent contractors in both states. This means in the vast majority of cases, you won’t be able to file a lawsuit against Uber directly in order to obtain compensation. 

However, you might be able to file a claim against Uber’s insurance policy, your own car insurance policy, or the driver’s personal insurance policy. You might also be able to file a lawsuit against the driver directly. The best course of action is highly case and fact-specific.

Uber’s Insurance Policies

Uber has three different policies in place, which vary depending on what the Uber driver’s status was at the time of the crash. 

The Driver Is Offline

If the driver is not online at the time of the accident – meaning their driver app is off, and they are not working – then the driver’s own insurance policy will apply to the case. In these circumstances, you may file a claim against that policy (or your own policy, or both), or you may file a lawsuit against the driver. Your best course of action will come down to the terms of the policy in question, your own car insurance policy, and whether the Uber driver will be able to compensate you for the accident.

The Driver Is Available and Online

If the driver is logged into the Uber app and is available to pick up a passenger but has yet to do so, Uber provides limited coverage in the form of:

  • $50,000 in bodily injury per person
  • $100,000 in bodily injury per accident
  • $25,000 in property damage per accident

Note that this coverage will only apply if the driver’s own coverage does not. In this circumstance, you may be able to file a claim against this limited policy or the at-fault driver’s policy. You may also sue the at-fault driver if this coverage is not enough to cover all of your damages. 

The Driver Is En Route To Pick Up a Passenger or During a Trip

If the Uber driver has already picked up the passenger or has accepted the ride request and is en route, Uber’s maximum insurance policy will apply:

  • $1,000,000 in third-party liability
  • Uninsured/underinsured coverage and/or first-party coverage
  • Comprehensive and collision coverage, up to actual cash value with a $2,500 deductible

In this sort of situation, it is likely your best course of action to file a claim against that lucrative insurance policy. But again, it is impossible to make that assessment without knowing the facts of the case.

Schedule a Consultation With a Personal Injury Lawyer To Discuss Your Case

If you’ve been involved in a car accident with an Uber driver, you likely have options for compensation. In at-fault states like California and Nevada, you won’t be limited to your own car insurance policy. 

In general, your options will come down to the driver’s status at the time of the crash in conjunction with the terms of your and the driver’s personal insurance policies. A personal injury lawyer can help you assess your options and from there, determine the course of action that sets you up best for a favorable outcome. 

Most personal injury attorneys offer free consultations, so it won’t hurt to contact one for legal advice.

Should I Hire a Lawyer After a Hit and Run?

Should I Hire a Lawyer After a Hit and Run?

Normally, when a driver is in an accident, they stop to collect the other driver’s information, check on their injuries, and call for help if necessary. But what happens if the vehicle that caused the crash flees the scene? 

A 2018 study conducted by the AAA Foundation for Traffic Safety concluded that in 2016 there were 1,980 fatal hit-and-run crashes. Cumulatively, these crashes resulted in 2,049 deaths. 

Additionally, a 2020 study conducted by the Insurance Institute for Highway Safety (IIHS) found that 24 percent of pedestrian deaths in 2020 were the result of a hit-and-run accident. These numbers show that hit-and-run collisions are a real problem.

If you have recently been in a hit-and-run accident, you may be considering hiring a lawyer. Here is what you need to know.

Treat the Accident the Same as Another Crash

One important thing to remember about hit-and-run accidents is that they should be treated in the same manner as any other crash. This means that even though you are not able to identify the other party, you will still need to prove you are not at fault and deserve compensation. 

In this regard, contacting an attorney could help you obtain compensation for your medical bills and the damage to your vehicle.

Try to Identify the Driver

Unfortunately, many hit-and-run crashes remain unsolved due to the police being unable to locate the other driver. You can help them out by writing down everything you can remember about the accident. Make sure to do so immediately following the accident, while everything is fresh in your mind.

Helpful details include any of the following information about the other driver:

  • Vehicle’s make and model
  • Vehicle’s color
  • License plate number
  • Driver’s facial characteristics

Even partial information is helpful and can potentially lead to the apprehension of the other driver.

If other drivers were present, make sure to ask them if they are able to remember any identifying characteristics of the vehicle or driver. If the accident occurred near a store or roadway where there is a security camera, check with the camera’s owner to see if the footage can be reviewed.

Finally, take pictures of the damage to your vehicle. This will help down the line when you are filing a claim and need proof of damages. If any issues arise, this will enable you to show you are telling the truth.

Obtain Medical Treatment

After the accident, you should go to a hospital immediately and get yourself checked out. This applies even if you do not have any visible injuries. Getting medical attention ensures that you are in good health, but is also important in helping you receive just compensation.

Going to the doctor will serve as an index of your injuries and allow for precise documentation should you decide to file a personal injury claim.

Recover Damages

The process for recovering damages from a hit-and-run accident is slightly different than a regular accident. 

In the case of a normal accident, you would go to the other driver’s insurance agency for compensation. However, since the other driver fled the scene, you will need to go to your insurance company. The specifics of how to go about this will depend on the laws in your state.

How Compensation Works

If you are injured in a hit-and-run collision, you are entitled to compensation for medical bills, property damage, and pain and suffering experienced as a result of the accident. 

An experienced personal injury attorney will understand the types of compensation involved and know how to advocate on your behalf, even when it comes to dealing with your own insurance company.