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What Types of Driver Behavior Constitute Negligence?

When you get into an accident, the first thing everyone wants to decide is whose fault it was. Sometimes the fault isn't apparent immediately, especially if a driver is trying to deflect blame. Sometimes they may not even realize they were negligent.

Here are some examples of driver negligence:

  • Distracted driving. This is a top cause of rear-end collisions. Don't fall for the "my foot slipped off the brake" or "I didn't see your taillights!" An investigation by an attorney will be able to get phone records that prove texts or calls were being made prior to the accident.
  • Speeding: This one is pretty obvious, and generally will be easier for an officer to discover, but you'll need some sort of investigation to prove it. Always make an accident report and take photos at the scene of an accident, even if police aren't able to respond to the scene.
  • Failing to signal. It's every drivers' responsibility to signal their intentions in traffic. Failing to do so is being negligent.
  • This is the number-one intimidation tactic used by aggressive drivers. It's also negligence if it causes an accident.
  • Not observing road conditions. When conditions get bad, it's every driver's obligation to slow down to a safe speed, regardless of the posted speed limits. Ice, snow and rain all warrant slower speeds.
  • DUI doesn't just cover alcohol. If a driver you are in an accident with seems spacey, out of it, or admits to being on medications that affect their driving, even if they are over-the-counter medications, you need to make a note of what they said they were taking and how much.

These negligence factors are not all obvious immediately following an accident-and this is in no way an exhaustive list. That's why it's important to take any accident to a personal injury attorney to see if you are owed compensation for your vehicle, property or injuries, even when the insurance companies agree to pay out a claim.

At Bouchillon, Crossan & Colburn, L.C., our attorneys have more than 40 years dedicated to giving clients the attention, advice, support and empowerment they need to effectively meet their goals. We are committed to the principle that all persons shall have equal justice under the law. If you or a loved one has been injured and is seeking a qualified personal injury attorney, contact our Huntington, West Virginia office to speak with an attorney about your case, or call 304-523-8451.

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