Rhode Island Amended Complaint for Personal Injuries to Passenger Due to Negligent Operation of Motor Vehicle

If you cause a car accident and you were driving around without any car insurance coverage (likely in violation of your state's laws), you're most likely going to be personally liable for any resulting injuries to other drivers and passengers, as well as any vehicle damage.

Unlike drivers, a passenger may make claims against both drivers if both share fault in the accident that caused their injuries. If one driver bears no responsibility in the accident, such as during a rear-end crash, the passenger may only file a claim against the driver who hit the car in front of them.

Duty of care. Breach of duty. Causation (cause in fact) Proximate cause. Damages.

Webster's Dictionary defines an accident as follows: an unfortunate happening that occurs unintentionally and results in harm, injury, damage or loss. By contrast, negligence as defined by most jurisdictions in the United States including California, is the lack of ordinary care or skill in the

The other driver had a duty to operate his or her vehicle in a safe manner. The other driver breached this duty. The actions of the other driver caused the accident. The accident directly caused injuries or monetary losses.

In the case of an auto accident, negligence means that a driver failed to exercise the care toward others which a reasonable person would do in the circumstances, or took action that a reasonable person would not under the circumstances. Negligence may also stem from an omission or failure to act.

In order to have a case for Negligence, actual losses or damages must result from the accident. There must be some actual injury to the victim.Sometimes, accidents just happen and nobody is at fault. Other times, accidents are caused by Negligence and there are legal consequences.

Examples of negligence include: A driver who runs a stop sign causing an injury crash. A store owner who fails to put up a Caution: Wet Floor sign after mopping up a spill. A property owner who fails to replace rotten steps on a wooden porch that collapses and injures visiting guests.

Typically, in the case of a car accident, a personal lawsuit directly against the other driver is not necessary because in most cases there are insurance companies involved. In other words, suing an individual directly after an accident is typically a last resort to acquiring compensation from an at-fault driver.