Legal Guide

Foreseeable Accidents End up With Devastating Accidents and Numbers Affected by These Are Not Underestimateable

Personal injury laws state that each civilian owes a duty to others whilst in specific places. For a driver, the duty is to drive responsibly without disrespecting other drivers and risking their safety. For an employer, the duty is to maintain the safety of the workers and prevent accidents. And for a doctor, the duty is to follow the accepted procedure and avoid acting independently to provide safety to their patients. The purposes of these duties are to maintain order and safety as breaching these duties are likely to end up in a foreseeable accident.

THE PURPOSE OF DUTY OF CARE IS TO PREVENT FORESEEABLE ACCIDENTS

Sometimes accidents can arise out of nowhere. However, other times, these accidents are the results of obvious risks. As an example, medical procedures are there for a reason. Prescribing a medication before evaluating the patient's medical history and physical state can result in an unfavourable medical condition. The vast majority of medical professionals wouldn't skip these procedures as even if the chances are low, the risk is still foreseeable. If a medical practitioner fails to perform the treatment process by sticking to the obligatory procedures, it is called a breach of duty of care. Once the duty is breached, the party that the duty was owed can sustain injuries on any scale. In this situation, the medical professional will be liable for the victim's loss as these injuries can easily result in permanent inability to work and earn, permanent and high-degree injuries and major psychological traumas.

BREACH OF DUTY OF CARE IN MOTOR VEHICLE ACCIDENTS IS AN UNREVERSABLE MISTAKE

Regarding the structure of motor vehicles, these can be pretty deadly in case of an accident. Due to the enormous weight and length, motor vehicles can kill someone at the moment of impact. Another sorrowful fact is that these accidents are mostly preventable. This means, if the driver could act responsibly, there wouldn't be an accident. Driving at high speeds and thinking that a collision can be avoided by acting in haste is foolish. The capacity of these heavy vehicles is limited. A vehicle weighing over a couple of tones is likely to be unable to stop after cruising over the speed limit. Whilst driving above specified speed limits, the braking ability of the vehicle decreases. This means, the impact is likely to end up with a serious incident where the victim passes away or injured seriously. This is a fact that is accepted universally, and the majority of motor vehicle drivers would agree.

VICTIMS OF SOMEONE ELSE'S IRRESPONSIBLE ACTIONS CAN CLAIM COMPENSATION

Thankfully, there is no place for recklessness and negligence in laws. In fact, those who are the victims of negligence can lodge a compensation claim to recover their monetary loss and emotional pain. After a motor vehicle accident, the victim can request an insurance payout from the relevant third-party insurer. If the accident took place in a public place, the Civil Liability Act covers this area of laws. Therefore, the business liable for the victim's loss can be sued. If it is a work-related accident, the worker can claim workers compensation. Additionally, workers comp can be requested from the insurer regardless of faultiness. However, if the employer's negligence caused the accident and is the cause of the victim's loss, the employer can be sued for work injury damages.

Personal injury claims can be confusing and frustrating to deal with especially while sustaining injuries. These accidents can end up with injuries that are quickly recoverable. However, if your injuries decrease your ability to perform daily activities, it can be a burden to handle a claim that requires intense attention. To clearly understand your entitlements and see the rights that you are being protected by, you can check a detailed compensation claim guide.


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