With school kicking back into gear and children once again loading buses, biking and walking to school, it is time for all motorists to start thinking again about exercising extra caution on the road. The number of children who walk and bike to school, according to AAA, is over 7 million nationwide, so drivers do well to exercise additional caution, particularly in school zones.
Some recommendations have been provided by AAA, most of which are common sense. Drivers, of course, need to abide by the speed limit and follow all the rules of the road, including special road instructions for school zones. In addition, drivers need to exercise prudence in all circumstances, as this is what is required by law.
In personal injury litigation, motor vehicle accident victims are able to recover damages for injuries sustained as a result of negligence. Generally speaking, negligence can be understood as failure to exercise a reasonable degree of caution given the circumstances.
Negligence can be shown in various ways, but the plaintiff must always show that there has been a breach of duty. This can be proven by presenting a breach of statutory duty, such as ignoring a traffic signal or sign, by circumstantial evidence and by other means. In addition, the plaintiff always needs to prove causation, particularly that the defendant’s breach of duty was the “proximate cause” of his or her injuries.
Seeing a personal injury case successfully through trial is not always a cut and dry thing, and it is important to work with an experienced attorney. Doing so will ensure that one’s case gets the time, attention and advocacy it deserves.
Source: Democrat, “AAA: Avoid back-to-school tragedy with these tips,” August 18, 2014.