If you are the victim of an accident, contact your New Jersey personal injury lawyer to discuss your options. Depending on the circumstances of your accident, you may be entitled to compensation for your injuries or damage to your property. Call your New Jersey car accident lawyer to schedule your consultation today. In most injury cases, the injury is caused by a negligent act. What is the difference between an accident and an accident caused by a negligent act? As your New Jersey personal injury lawyer will tell you, the thing that separates the two is something called the “Standard of Care.” Those who are found to be negligent of the Standard of Care could be held liable for the accident. In a situation, one must use the same type of care that a reasonable person would in that situation. The following information from your New Jersey car accident lawyer will discuss what exactly a reasonable person is and what is consider the Standard of Care. If you have any further questions, contact your New Jersey car accident lawyer for a consultation.
How Do You Define a Reasonable Person?
A reasonable person is considered to be one who acts with ordinary prudence in a given situation. This term is an objective one, and the defendant’s specific abilities are not taken into account. Therefore, a person who is considered to have lower intelligence or a person who is notorious for being careless is held to the same Standard of Care as someone with a higher intelligence or known for the careful behavior. In a court trial, it is the jury’s responsibility to determine if the person acted as a reasonable person should in that same situation. The jury will consider how the defendant behaved in the situation compared to their past experiences or knowledge. In addition to considering the defendant’s knowledge, the jury will also consider what they feel should be common knowledge among adults in that same community. An example of a reasonable person acting in a negligent fashion could include a driver who did not wear their glasses while driving and hit a pedestrian. That driver is fully aware that their eyesight is lacking and they need to glasses to compensate for it. That driver will be considered to be negligent and held accountable for their actions while driving without their glasses on.
Standard of Care Regarding Children
A child is not held to the same Standard of Care that adults are, but the courts have a modified version instead. The modified Standard of Care for children compares a child’s actions to those of a reasonable child of the same age, same intelligence, and has had the same experiences. Depending on the action of the child however, the court may apply the adult Standard of Care to the child.
Consult with a New Jersey Personal Injury Lawyer
If you feel that you have been injured due to another person’s negligent act, then you may be entitled to compensation for those damages. Having an experienced professional by your side could help your personal injury case be a more successful one. The Law Offices of Neal S. Axe LLC have the New Jersey personal injury lawyer who has the skills and knowledge to help you. Call us today at (866) 414-3380. Call today for a consultation with the dedicated and experienced professionals!
