The Burden Of Proving Negligence In A Car Accident Case

If you have been injured in a car accident, you can be saddled with some pretty hefty medical bills. If you believe someone else was at fault for the accident, you still might not be able to claim damages from the guilty person. Instead, you will have to prove that they were at fault for the accident, and this is where the legal theory of negligence comes into play.

What Is Negligence?

Anytime you sit behind the wheel of a car, you assume the responsibility to handle the car in such a way that it will not prove a threat to you, your passengers, and to other people on the road. If you do anything that can impair your ability to drive or to handle a car in a safe way, you have breached your responsibility and can be found guilty of negligence. 

Proving Negligence

In any legal setting, you have to be able to back up a claim with abundant evidence. To demonstrate how this works, I will use the following example: you were rear-ended by someone who was texting. If you take this case to court with nothing but your word to back up your claim, you will have a hard time winning your case. On the other hand, if you have multiple eye-witnesses who saw the defendant (the person you are accusing of negligence) texting, and you have the time stamp on their phone showing that they were texting at the time of the accident, you should have enough evidence to support your claim.

Making a Claim

When you go to court, you can’t just throw your evidence on the table and say, “See, this person is guilty.” Instead, you need to weave the evidence into a coherent case. If you are trying to prove negligence, then you must consider what about texting constitutes a breach of responsible driving. Taking one’s eyes off the road even momentarily can cause a person to miss a flash of brake lights, a piece of debris, etc. Thus, you must show that texting while driving led to inattentive driving, which in turn impaired the defendant’s ability to respond when you braked. 

Building a legal case requires an understanding of legal concepts, gathering evidence, and using that evidence to build a case. If you doubt your ability to make a case and/or your ability to make your case in court, you should call on the assistance of a lawyer (like those at the firm of Gibbs and Parnell) to help you.

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What You Should Know About Creating A Proper Adoption Autobiography

If you’re pursuing your first adoption, you may find yourself overwhelmed with the process. Not only will you undergo a thorough background check, but you’re also going to have to fill out a detailed application. Both factors are considered when deciding if you are qualified to adopt. Many people go into the process thinking that these two steps are all that’s required. The truth is, there is much more to the adoption process than you’d think. You’re also going to have to fill out an autobiography for the agency. Here are a few things to keep in mind as you start the autobiography for your chosen agency.

Ask About Required Content

Talk with the agency before you create the autobiography to find out if there is any information that’s required of you in the autobiography. Some agencies ask for specific types of information, so you’ll want to be sure that you cover those points as you draft your statement. You’ll also want to be sure you have a civil attorney on retainer to help you evaluate this information to be sure that it is within the legal boundaries of what they can request.

Be Objective in Your Family Evaluation

A key part of your autobiography is going to be the overview of your family. Before you can create this overview, you’re going to have to take a step back and evaluate your family as objectively as possible. Think about the things that make your family unique, including hobbies, traditions and personality traits. Identify a handful of things, about five or six, which clearly illustrate who your family is, and include them in your statement.

Represent Life in Your Home

You may want to include information about any cultural heritage, family traditions and even your long-term family goals. This part of the autobiography is designed to reach out to prospective birth parents and show them what kind of home you would provide for the child.

Consider including information about the space you have for the child. Perhaps show the prospective birth parents your commitment to family by explaining how you plan to make the child a welcome member of your family. If you’re planning a welcome party or you have personalized space in your house for him or her, illustrate that now. The more you can show about what daily life will be like in the house, the more relatable the autobiography will be.

A well-organized, strong autobiography that represents your family well is a great way to set yourselves apart throughout the adoption process. It also helps to ensure that you are selected by a birth parent who values your lifestyle and personality. As with any legal situation, though, be sure that you have a family law attorney available to help you with the paperwork.

To learn more, contact a law office like Haslam & Perri LLP

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