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Negligence is the duty of a person to act reasonably and
prudently to avoid foreseeable injuries to others. It consists
of 4 elements: (1) Duty; (2) Breach of Duty; (3) Causation;
and (4) Damages. In motor vehicle accident cases, it is a
duty to drive in a reasonable and prudent manner (obeying
all traffic laws). If your case were to go to trial, after
all the evidence is presented, the finder of fact determines
whether the defendant was negligent. The finder of fact is
most commonly a jury. If the parties agree to a non-jury trial,
it would be the judge. If the parties agree to arbitration,
the finder of fact would an arbitrator or an arbitration panel.
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