It’s every family’s worst nightmare. Discovering that you or a loved one has been involved in a car accident that resulted in injuries can be scary and stressful. Attending to the injured individual’s health takes precedence in this situation but it’s only a matter of time before families want answers. Proving negligence in car accident claims requires a few elements in order to prove fault and seek damages.
Car accident injuries can vary widely in severity and ailments. No two car accidents are ever really the same. However, an investigation into the events leading up to and at the time of the crash can help to determine who may be at fault. Negligence is defined as an act in which a person acts in a careless way and this results in injury to another. Elements required to prove a car accident negligence case include duty, breach, causation and damages.
Duty is generally an easy one to prove in car accident claims as every driver has a duty to uphold the safety of themselves and others while out on the road. Breaching that duty may show up as a failure to yield, for example, and this caused the damages that the other party suffered. Proving that the driver effectively breached a duty and tying this to the injuries a person suffered can sometimes be a difficult or easier aspect depending on the car accident specifics and the evidence a plaintiff may have gathered. Once proven, damages seek to make the injured party more whole on the terms of medical expenses, lost wages and even loss of quality of life, among other damages one may have suffered.
Most everyone would prefer not to be injured by another driver’s negligence in a car accident. However, for the unlucky ones that are, there are legal options available to them. It’s good to find out exactly what caused your car accident injuries, as it might not always be immediately clear. While there may have been no ill-will on behalf of the negligent driver, it is still good to define their actions and the result.
Source: injury.findlaw.com, “Proving Fault: What is Negligence?,” Accessed March 26, 2018