Personal Injury and Gross Negligence

By: JamesELeeIIAttorney | Posted: 08th November 2010

Everyday people are involved in auto accidents and the circumstances include negligent or gross negligent behavior.It's not difficult to picture two people in a car wreck and each accusing the other of failing to act reasonably under the circumstances and causing the accident.What they are really doing is accusing each other of negligence or the failure to use ordinary care.

Did You Act Reasonably?

During any circumstance you are expected to exercise reasonable care so that you don't put others into jeopardy.All too often people are injured because someone did not use common sense and act in a way that would prevent an accident of injury to others.This applies to all situations too including while driving, working,or playing.

For example,if you run a stop sign in your care then you are negligent.If you operate a ski jet near a swimming area and someone gets injured by waves, then you are negligent.If you slip and fall at work because the floor is too slick,then the employer may be considered negligent for not taking safety precautions.

There is negligence and there is gross negligence.They both have certain elements in common.

>> The person who caused the injury had a duty of care to the person injured

>> The duty of care was violated

>> Because the duty of care was violated, someone was injured

>> The injury could have been predicted as a consequence of the duty of care violation

For example,a driver has a duty to stop at a red light.If the driver runs the red light,common sense would tell you that there is a likelihood an accident will occur and someone will be injured.A personal injury attorney would prove the driver running the red light acted negligently.

Of course, not all situations are so obvious.Consider a situation where you slip and fall at work but you are in an area where you were not supposed to be. Was the employer negligent or were you negligent?If you are injured at work, the employer has some liability but your actions will be considered also for purposes of determining fair compensation.

When Does Negligence Become Gross Negligence?

Negligence is failing to use ordinary care through an act or by failing to act which is called omission.Gross negligence is conduct that is reckless and exhibits a true lack of concern for the safety of others.For example,someone may run a red light because the sun was in their eyes and he or she could not see that the light was red.This would be negligent behavior because the driver should have stayed out of the intersection until able to see the color of the light.

On the other hand,if the driver sees the light is red and speeds up before running it that could be gross negligence.The personal injury attorney will try to prove the driver willfully endangered others.Gross negligence can be proven in many situations.For example,the employer who removes safety guards from equipment or a company that sells a product even though it is known to be hazardous can be accused of being grossly negligent.

Understand Georgia Personal Injury Laws

A personal injury attorney is an expert in dissecting the circumstances of injury cases and determining whether a person or business was negligent.In Georgia there are specific laws addressing the definition of negligence and admissible evidence.It is important to use a Georgia attorney who understands the specific state laws whether you are the plaintiff or the defendant.

Personal injury lawyer in Macon,Georgia Jay Lee is a trial lawyer in Macon,Georgia and specializes in personal injury,wrongful death and liability cases. For more details on Personal injury attorney Macon, GA and worker's compensation Macon, GA please visit our website www.jaylee-law.com
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Tags: likelihood, common sense, circumstances, elements, consequence, failure, circumstance, everyday people, stop sign, auto accidents, red light, personal injury attorney, waves, safety precautions, jeopardy, duty of care, reasonable care, car wreck, gross negligence