Injured In Utah

The simple fact that Mr. McCrash failed to exercise reasonable care, i.e. breached his duty, is not enough to make a claim for negligence. Often, people believe that they have a claim for products liability because their "air bag didn't go off when I got in an accident." The second question that must be answered is whether the failure to exercise reasonable care (breach) actually caused damages.

In the example where Mr. McCrash turned left in front of you, there wouldn't be a claim for negligence unless your cars collided and you were injured/sustained damage to your vehicle. If you were injured as a result of the collision, Mr. McCrash would then be held accountable for the cost of your medical bills, lost wages and pain and suffering as a result of your injuries. In short, you should not be forced to bear the burden of Mr. McCrash's inattentive and careless driving. If all of these elements are present, you may have a claim for negligence. As always, contact a personal injury attorney for a consultation to be sure.