A main element of any personal injury claim is negligence. Negligence is when an individual or company fails to take reasonable care in a given circumstance that results in the injury, damage, or death to parties involved. In personal injury claims, it is important to establish the duty of the responsible individual or company. For the case to be successful, the plaintiff must prove that the defendant had a legal obligation to them when the incident occurred. Duty can differ depending on the case and no outcome is necessarily the same. 
Every motor vehicle driver and company that travels on Virginia’s roads and highways has certain legal duties to ensure safe operation of their vehicle. Some of these duties may include the duty of the driver to “keep a proper lookout, keep their vehicle under control, and operate their vehicle at a reasonable speed under existing conditions.” If these duties are breached and a crash occurs, then this may be defined as negligent behavior.
Motor vehicle operators and companies are not the only ones charged with duties to ensure the safety of others. Property owners and businesses also have certain duties to provide safe environments for their guests. Businesses are not only responsible for any services they provide, but they also must provide a higher level of care for the health and safety of their customers, employees, and others who may be on the premises. An individual has a right to assume that a premises that he is invited to be on is reasonably safe for their visit. However, this does not necessarily excuse an individual from paying attention and being aware of their surroundings.
At ReidGoodwin our team is knowledgeable in personal injury and workers’ compensation law. If you or anyone you know has any questions or a potential case, call our office and we’ll set you up for a free consultation with one of our attorneys.