You’ve been injured. The other person didn’t do it on purpose, but it’s still their fault that you’re hurt. What does this mean for your case?
The thing to remember is that this is not a criminal case. In some criminal cases, such as murder cases, intent plays a large role. Certain charges can only be brought if there was an intent to achieve that negative outcome.
Injury cases hinge on carelessness
In personal injury cases, such as those that take place after a car accident, actual intent to cause harm is very uncommon. That’s not to say it never factors in, such as in a case where someone intentionally strikes someone else with their vehicle, but most crashes are the result of negligence.
In essence, negligence is just the act of someone being so careless that they cause someone else to get injured. They had an obligation to act in a safer manner, but they violated that person’s rights with their carelessness. They never meant to hurt the other party, but it happened.
For instance, maybe you got hit by a car that was driven by a teenager who was texting. Did they mean to cross the centerline and hit your car? Of course not. But safe driving practices indicate that they should stay off of the phone and stay in their lane. They carelessly neglected to do either, and your injuries were a direct result.
This legal premise impacts your case greatly. If the other person is shown to be negligent, you may be able to seek financial compensation for all costs related to that injury. Their actual intentions don’t make any difference. Make sure you know what steps to take to protect your financial interests as you pursue a claim.