Tort Law: An Overview
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Tort Law: An Overview
Negligence has been defined as the doing of something that a reasonably prudent person wouldn’t do or the failure to do something that a reasonable person would do under similar circumstances. Negligence can
be either affirmative conduct or the failure to perform an affirmative act. For example, in a car crash, or any type of auto accident, whether it be a truck accident, bus accident, motorcycle accident, or even a pedestrian accident, this could mean a a broad range of behavior, from a lapse of attention causing a driver to rear end another vehicle, cross a center line, fail to yield the right of way or run a stop sign, resulting in a collision, to affirmative conduct constituting unsafe driving, such as speeding, or drunk driving. More about Car Accident Lawyer McAllen here
The hypothetical “reasonable person” standard is used as the basis to judge human behavior. A reasonable person utilizes care under circumstances in which it is foreseeable that the failure to do so would pose an unreasonable risk of injury to others. The doctrine of contributory negligence is an affirmative defense to an auto accident lawsuit and is typically raised by the defense attorney in an effort to defeat the accident […]