The second element of a negligence claim is negligence.  In order to prevail in the claim, you must prove that the defendant acted negligently.  Negligence is a common law legal standard, which means it has been handed down through our judicial system by case law and precedent. 

The term negligence describes conduct and means the failure to act with reasonable care under the circumstances.  Another more common sense way to describe negligence is carelessness.  Negligence is a mistake.  Not a really bad mistake, but a mistake based on carelessness.  Negligence is less culpable than recklessness and less culpable than intentional conduct. 

Negligence can occur when someone takes action when they shouldn’t or when someone fails to take action when they should.  There is no hard and fast rule about whether particular conduct constitutes negligence.  It depends on the circumstances of the case.  

If you or anyone you know is seriously injured by in a car accident in Norwich, Connecticut contact the car accident lawyers at The Bartinik Law Firm, PC., 100 Fort Hill Road, Groton, CT., 860 445 8521 or toll free at 888 717 4211.

Peter J. Bartinik, Jr.
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Civil Trial Attorney, Practicing Law in Connecticut