Monday, September 21, 2009

Personal Injury Law and You

In Order to Establish Negligence---

A person is neglectful when he or she fails to act like the basic ordinary reasonable person.blame when, if and when that personl acts outside of the bounds of what a "normal" responsible human being would do. Of course the vital issue in many cases is just how an "ordinary, reasonable person" was expected to act in the particular situation that caused the injury.What one has to do is to prove what a "Normal" person would have/ should have done in the situation.

A simple example could simply be... Suppose that you are traveling on the HWY. And this HWY has a posted speed limit of 55 MPH.

However, if snow (a snow storm) is present, the same ordinary, sound person would be expected to cut down his/her speed of travel. Suppose someone plows into your car while she was driving at 55 or 45 or 35? Would that be what the average ordinary reasonable person should have done?BUT because there is a ice black ice on the HWY, which of course will incread the time needed for slowing down and stopping. Now the person driving another car is driving at the speed limit of 55 miles per hour or maybe even a little faster, let us just say 60 MPH.

AND of course you have slowed down to drive in the bad weather conditions that are present. And well... Needless to say the plow into you. Are they at blame? Well one of course would argue "Yes" simply because they hit you in the behind. However... Are they even more at blame because they were driving too fast for conditions? This is where one has to prove that the other individual was driving too fast and is there for negligent. As a "normal" person would have driven slow because of the icy condition.

The conclusion of whether a given has satisfied his/her "ordinary sensible person" standard is often a thing that is concluded by a jury after presentation of evidence and argument at trial.

Always look for professional counsel from a competent personal injury attorney. Most Injury Law Firms will offer a free consultation and fill you in on your personal choices...

Good Luck and God Bless....
Houston Personal Injury Lawyer

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