The Things You Should Do to Prove Negligence in a Car Accident Claim
Negligence in a car accident can be proven if you can show that the driver’s carelessness caused the accident.
Simply put, proving negligence involves getting all the evidence that will indicate that the other driver’s action was in sync with the four elements of negligence.
If you have just experienced a car crash and don’t know what to do, consider consulting an attorney. Their assistance is vital to proving fault in a car accident.
Understanding Negligence in Car Accident Claims
In the context of car accident claims, negligence can be defined as the reckless act of a driver who is less concerned about others on the road and ends up causing harm.
Such a driver-at-fault shows no duty of care to other road users.
For you to be able to prove negligence in a car accident, four legal elements must be proved. They are:
- Duty of Care: Â This is the obligation to drive safely and follow traffic laws without having to put anyone in danger. This duty is not meant only for drivers but for all road users, including pedestrians, passengers, and cyclists. This is the first element and lays the foundation for any personal injury claim.
- Breach of Duty: These are actions that violate the duty of care, such as distracted driving or speeding. This element must be proved before moving to the next element of personal injury law.
- Causation: There must be a connection between the breach of duty of care and the accident that led to the injury.
- Damages: For a car accident claim to be valid, the victim must have sustained actual losses. These losses can be tangible, like medical expenses, and intangible, like pain and suffering.
Collecting Evidence to Support Your Claim
To establish a negligence case, there are various types of evidence that you can use. The most essential part remains how to gather evidence to support your claim. You can use the following means below to gather evidence from the accident scene:
Document the Scene
It is very important to document the scene of the crash by taking photos of the accident site, vehicle damage, and any visible physical injury.
You can also take notes of the weather conditions, road signs, and traffic patterns.
Obtain Witness Statements
You can speak with witnesses at the accident scene and gather their contact information.
Once the testimony of witnesses can corroborate your version of events, it can lead to a successful negligence claim.
Get a Police Report
You should ensure you contact the law enforcement to document the accident officially.
Getting a police report will help your claim, as these contain unbiased observations about the cause of the crash.
Gather Medical Records
Remember that your health comes first, so you should seek medical attention immediately after the crash. Whether the injury that you sustained is minor or significant, ensure that it is documented as well as the cost of your medical expenses.
Establishing the Other Driver’s Fault
You can establish the other driver’s fault by proving that they violated traffic laws such as running a red light, failure to yield, or making an illegal turn. You can also make use of police reports, citations that were issued at the scene, or the traffic camera footage to support your negligence claim.
You can still prove that the other driver was the cause of the crash by showing that he was texting, speeding, or distracted while driving.
Furthermore, you can establish that the other driver was driving under the influence (if applicable) and was impaired, which led to the accident. This will strengthen your negligence claim.
