Negligence occurs when a person fails to take reasonable precautions. This is in stark comparison to a person directly causing an issue to take place.
If a collision occurs, then the driver who caused the collision will be held liable. The issue becomes more complicated when the vehicle is owned by a company, or if the person who is operating the car is driving for an employer.
According to legal theory, the injured party is worthy of recouping any losses that were caused by the defendant. Here, we will demonstrate how to prove negligence in a car accident case.
What is regarded as negligence in a car accident?
If you fail to obey traffic laws, then it may be considered negligence. You also need to be vigilant while you are operating a motor vehicle at all times. As well, you must be aware of the current road conditions while driving.
You should not speed while driving. Failure to keep control of your vehicle may constitute negligence. You also need to use your car’s materials in an appropriate manner.
You must follow all traffic signs without exception. This means stopping at stop signs, as well as stopping at traffic lights when needed.
What is the evidence that can prove negligence?
Party admissions can prove negligence. In other words, the culpable party admits that they are responsible for the accident, either to you or to a police officer who is on the scene.
You can also take photographs or use your phone to take video footage in order to document the incident. Video evidence may serve as the smoking gun needed to win your case.
The plaintiff’s medical records may also add credence to your case. Your medical records will outline the severity of your injuries, and can also help in calculating how much the defendants will need to pay in order to cover your medical expenses.
Witness testimony can help curry favour, especially if the witness is not someone that you know personally. Also, if the defendant was actually convicted of a violation after the accident had taken place, then their criminal conviction can help your case.
What are the elements of a negligent driver claim?
Negligence must be proven before you can hold the defendant liable for the damage and harm that they have caused you and your vehicle. As the plaintiff, you will need to prove four elements in order to win your negligence case.
As the plaintiff, you need to establish that the culprit owed you a legal duty of care. This is also known as the “duty of driver.” Next, you must prove that the culprit violated their duty to operate their vehicle in a safe manner. This is known as a “breach of duty.”
Next, you must prove that the defendant’s breach of duty was the direct cause of your injuries. In other words, you need to prove that it was their inattention while operating their car that led to your damages or injuries.
You also need to provide a financial estimate of all of the expenditures connected to the car accident that the defendant caused.
If your car was damaged or totalled due to the wreck that the negligent driver caused, then you are deserving of financial compensation. You also deserve to be compensated for any physical and psychological damage that was caused by their negligence.
Why do you need a car accident lawyer to prove negligence?
An auto accident lawyer will protect you against legal claims by the person or people who were involved in the incident. A car accident lawyer is well versed in the legal jargon and loopholes that you may not be privy to.
Their goal is to help you get the most desirable verdict possible. They will handle all discussions with your insurance provider, so that you can focus on healing from your injuries and trauma.
They are also skilled and experienced enough to determine the monetary value of the claim in question, and will address any concerns and questions that you may have with integrity, tact, and verve.
There is Help Available
It is possible that certain legal defenses may be used in order to eliminate or lower the defendant’s liability in your case. The end result is that they will be legally obligated to pay you less than what you truly deserve for your injuries and damages.
Working with a car accident lawyer will lower the probability that such a verdict will be rendered. They will gather all admissible evidence to help build a strong case for you.
However, not all lawyers are the same in terms of skill and expertise, so you should ensure that the lawyer that you partner with has a proven track record of success.