If you are injured due to someone else’s irresponsibility or carelessness you may have a claim for negligence against that person.  In general, the injured party has the burden of proving that the defendant had 1) a legal duty to act differently in the situation, 2) that he/she breached that duty, and 3) that the breach of duty was the proximate cause of the injuries.  An attorney can help you work through the facts of your situation and determine the strength of your case.