Motor vehicle accidents impact the lives of thousands of Americans every year. When a car accident results in a personal injury or loss as the result of another driver's actions, it may be considered negligent driving by the court. However, determining whether a driver was negligent can be complicated, even if the injured driver or passenger feels that the case should be straightforward. A court will look at everything from the condition of the allegedly negligent driver's vehicle to whether the driver had both hands on the wheel at the time of the accident.
Vehicle condition can be a major factor in determining negligence. For instance, if a driver rear-ends the vehicle he or she is following and the vehicle's brakes are found to be in poor condition, that could be considered negligent driving. Driving a vehicle with dim or broken headlights at night or in inclement weather may also be considered negligent driving.
A court may seek evidence that the driver was failing to exercise care at the time of the accident. For example, perhaps the driver was swerving in and out of his or her lane, or perhaps he or she was supposed to drive with prescription eyeglasses and neglected to do so. Texting while driving can also be considered negligence. Another more clear-cut example of negligent driving is a failure to pass a breath test. When a driver is under the influence, he or she will almost always be considered at fault for the accident.
In the event of an accident resulting in loss or a personal injury, the affected party may consider scheduling a consultation with a qualified attorney. Determining negligence after motor vehicle accidents may be difficult, but an attorney might have a team of investigators to help find evidence against the liable party.