Proving Negligence in a Car Accident Case
If you’ve been the victim of a car accident caused by another person’s negligence and wish to file a personal injury claim, your success in the case hinges on your ability to prove their liability.
Here are the elements you’ll need to prove to find success with your case:
- Duty of care: Your first step is to prove that the other driver owed you a duty of care. This is simple enough—every driver in every state is legally required to operate the vehicle in a reasonably safe and careful manner to prevent potential injury to another person. This means obeying all traffic laws, signals and speed limits, and driving in a safe and responsible manner. All drivers have a duty of care to everyone with whom they share the road.
- Breach of duty: This is where your case starts to get a bit more complex. You must prove the defendant breached that duty of care they owe to you. Proof of this breach could be in a relatively minor traffic infraction, such as speeding or rolling through a stop sign, or it could be something more significant, such as being drunk behind the wheel or flying through a red light. You will need to be able to prove this breach occurred.
- Causation: Next, you must be able to prove that the breach of duty directly caused the accident. It’s not enough that the driver was speeding. You need to demonstrate that their speeding caused the accident.
- Damages: Finally, you need to prove that damages occurred as a result of the accident. This should be easily proved through evidence of damage to your vehicle and of injuries you sustained.
To learn more about how to prove negligence and liability in a car accident case, contact an experienced personal injury attorney at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP.