Understanding a Personal Injury case

Let's begin with the definition of Tort Law:  

"A body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others. The person who sustains injury or suffers pecuniary damage as the result of tortious conduct is known as the plaintiff, and the person who is responsible for inflicting the injury and incurs liability for the damage is known as the defendant or tortfeasor."  (Legal Dictionary)

How does this tort law work in Personal Injury cases?

• the plaintiff must establish that the defendant was under a legal duty to act in a particular fashion  
• the plaintiff must demonstrate that the defendant breached this duty by failing to conform his or her behavior accordingly
• the plaintiff must prove that he suffered injury or loss as a direct result of the defendant's breach

Keep in mind that tort law is a combination of common-law principles and legislative practices. In a Personal injury case in Colorado, for example, may use: 

C.R.S. 42-4-1101(3) EXCEEDED SAFE SPEED FOR CONDITIONS “No driver of a vehicle shall fail to decrease the speed of such vehicle from an otherwise lawful speed to a reasonable and prudent speed when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.”

should the accident happen from a person speeding in a winter storm.

Another example would be if you were rear-ended by another vehicle the 

C.R.S. 42-4-1008(1) FOLLOWING TOO CLOSELY “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”

could be used to support a tort claim.

The defendant cannot use "I didn't know that law" as an excuse.  Ignorance of the law is no defense. 

"Ignorantia juris non excusat or ignorantia legis neminem excusat (Latin for "ignorance of the law does not excuse" or "ignorance of the law excuses no one") is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content."  (Wikipedia) 

Did you know when you apply and receive your Drivers License and you sign it you are agreeing to abide by the laws of your state?  In Colorado you are given a drivers manual (honestly don't remember ever getting one or reading it) but it details the safe driving practices in Colorado.  If you are like me and don't remember or don't have it anymore you can find it here.

Drive safe and always pay attention while driving.  One small distraction can change a life forever.


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