With car accident cases, it all comes down to who caused the collision or who was the negligent party. Negligence is used to prove that one acted carelessly or in a thoughtless manner such as failing to yield, running a red light and reckless driving. If a driver fails to operate a vehicle in a reasonable manner, that driver is liable for injuring the accident victim.
Elements of an Auto Claim Based on Negligence
The law requires drivers to exercise care when operating a vehicle and encountering others on the road, including pedestrians. When a driver does not, it is considered a breach. With the"duty of reasonable care," the law considers: How should a prudent, reasonable person behave the in similar circumstances?
Examples of reasonable driver behavior include:
Watching for crossing pedestrians
Traveling at the speed limit
Stopping at a red light
Keeping a safe distance from the car in front
It must also be shown that the negligent party's conduct was the direct cause of the victim's injuries. For example, a driver cannot simply claim that whiplash was due to a rear-end collision when it was really caused by some other accident or event. There must also be damages to be awarded compensation. When you're claiming damages, you'll need to provide documentation and detailed records such as medical reports.
Pain and suffering
When to Hire an Automobile Accident Attorney
Some minor car accidents can be handled without an attorney. But for those that involve severe or permanent disability or complicated cases, such as collisions involving numerous cars or wrongful death, it is always best to consult a personal injury lawyer. The negligent party's insurance adjuster will try to make the case that either you contributed to the accident or that other drivers were the cause. It’s important you have tough legal representation that’s on your side.