Car Accident Negligence - KOTA Territory News

Car Accident Negligence



Gary Jensen
Beardsley, Jensen and Von Wald


Car drivers are responsible for the personal injuries and damages caused by their negligent driving. Negligence is defined as:

  • The failure to use reasonable care. It is the doing of something which a reasonable person would not do, or the failure to do something which a reasonable person would do, under facts similar to those shown by the evidence.

Depending upon the circumstances, the law may dictate how a reasonable person would act (stopping at a red light) and other times it will be for the jury or judge to decide (speed as road conditions deteriorate in the winter).

Sometimes, it's black and white – much of the time, gray.


E-mail Gary is intended as general information on legal issues affecting us all.  This information should not be relied upon in any particular case and should never be used in lieu of consulting with an attorney.


1.      You see yet another car accident at a spot where there have been many accidents in the past and will be more accidents in the future? 


2.      You learn another person is hurt using a machine that has injured others in the past and will injure others in the future? 


3.      You watch a dangerous practice – like where a school bus parks – you know is a disaster waiting to happen?  


What should you do? 


Try to prevent the next accident, injury, and catastrophe from happening. 


How can you do that? 


Send a letter or email to those responsible – the highway department, the owner and operator of the machine, the school district - putting them on notice of the danger.


Your letter or email will either prompt a "fix" or help the next innocent victim establish liability against those who failed to act.   


Taking a few minutes to write a letter or email can have a huge impact; you can be a difference maker. 

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