ABA Family Legal Guide

Personal Injury

Negligence

Who determines whether a defendant has acted reasonably?

After your lawyer presents the evidence, a judge or a jury will decide what a reasonable person would have done in similar circumstances. In the example of an automobile accident, a judge or a jury is likely to find a driver negligent if his or her conduct departed from what an ordinary or reasonable person would have done in similar circumstances. An example would be failing to stop at a stoplight or stop sign. But remember, you must suffer damages to have a valid personal injury lawsuit. In other words, you could not sue another driver if he or she ran a red light and did not hit your car.