Key Elements to Understand When Proving Negligence in a Car Accident Case
When it comes to proving negligence in a car accident case, these are the key elements you must know and which a car accident lawyer can help you find firm evidence of:
- The liable party’s duty of care towards you
- The exact manner in which the liable party breached this duty
- How the liable party’s actions led to the accident
- How the accident led to your injuries
Car Accident Case Elements
If you want to prove car accident negligence in your case, you will have to prove all four of the points listed above. To illustrate these key elements in proving negligence, here is an example of a hypothetical case:
- As the National Highway Traffic Safety Administration (NHTSA) explains, drunk driving is illegal in all fifty states. Drivers everywhere have a responsibility to be sober before they get behind the wheel. This is a duty of care.
- If a driver chooses to drive drunk, they are breaching their duty toward everyone they share the road with. Impaired driving is a breach of duty because a reasonable person would not drive under the influence of alcohol.
- In this hypothetical example, say the drunk driver swerved out of their lane and sideswiped a driver who was obeying all traffic laws. This is causation: the accident would not have happened if the at-fault party had not behaved negligently.
- As a result of the accident, the injured party suffered damage to their vehicle and a head injury that required medical attention. These damages would not have happened if not for the negligence-related accident.
You must show that all four elements are true in your case before you can collect compensation from a negligent party.
Evidence of the Four Elements of Negligence
Not every case is as clear-cut as the example above, and all cases require evidence proving a connection between the liable party and the plaintiff’s injuries. This evidence can come from many sources, including:
- Your own memories of the accident
- Eyewitness statements that corroborate what you have said regarding either the accident or your injuries
- Medical expenses, receipts, and paystubs that establish the financial toll of the accident
- Your medical records, which show when, where, and why you sought treatment
- Photos or video footage that caught either the accident itself or the damage it inflicted
- Police reports written by the officer who responded to the scene
You can hire a Miami car accident attorney to search for evidence on your behalf. Your fort lauderdale car accident lawyer could also analyze that evidence for you, showing how it proves negligence in your case.
Proving Negligence in Car Accidents
If you want to sue for negligence, you must do so within your state’s statute of limitations. As an example, Florida’s statute (Florida Statutes § 95.11) gives accident survivors two years to file a case.
It is a good idea to talk to a local car accident attorney before starting any legal action. They can start by proving negligence in your car accident case by establishing all four key elements. A personal injury lawyer can also tell you everything else you must know about filing a lawsuit, including:
- Your case’s worth: The insurance company might make you a settlement offer, but that does not mean the offer will be fair. Your law firm can prove your case’s true value and make sure you ask for what you deserve.
- Your legal options: There may be more than one way to pursue the compensation you need. Your car crash fort Myers car accident lawyer may try negotiating with the insurer or take the liable party straight to court.
- Your case’s length: It can take months or even years to settle a car accident case. You can rely on your attorney to work with you on managing expectations and keeping you updated as your case moves through the system.
Filing a car accident lawsuit for negligence is not always easy, but a motor vehicle accident attorney can make it easier.
Examples of Negligence in Car Accident Cases
Negligence can take many forms, and many different parties can cause an accident through careless behavior. Common examples include:
- Drivers who exceed the speed limit, ignore stop signs or yield signs, text while driving, or follow other cars too closely
- Employers who force their drivers to work too many hours or who do not thoroughly vet and train their drivers
- Manufacturers who do not properly test their products, use substandard materials or construction methods in their products or fail to recall dangerous products
- Local government agencies that ignore complaints about roadway problems, such as broken streetlights, missing signs, potholes, or overhanging foliage
No matter who was negligent in your case, you deserve the chance to hold them accountable.
Proving Negligence in Your Car Accident Case
If you want help proving negligence in a car accident case, the Law Offices of Wolf & Pravato can be there for you. Our personal injury attorneys would be happy to explain the key elements you must know and file your case on your behalf. Call (954) 633-8270 to get a free case review today.