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Proving Negligence in a Car Accident Claim

On Behalf of The Foley Law Firm | June 4, 2021

Proving negligence in a car accident claim

A car accident can happen in flip seconds and turn your life upside down. Sometimes, car accidents are relatively minor and only result in small scratches to the vehicle. However, there are times when the accident can be so horrific as to result in serious injuries and property damage.

If you’ve been the victim of another driver’s negligence, you have every right to expect that driver to cover your losses.

So, how do you prove negligence in a personal injury lawsuit? You need to show three things:

1. You were owed a duty of care

You must prove that the at-fault party owed you a duty of care. This generally isn’t that difficult in car accident claims, because every road user has a certain responsibility to other road users.

2. There was a breach of that duty

Once you have proved that the other party owed you a degree of care, you must demonstrate that their actions violated that duty. This proof is based on grounds that no reasonable person would have acted as the at-fault party did. Examples of breaches of care can include drinking under the influence, road rage or reckless driving.

3. Your injury resulted from the breach

Showing that the at-fault party was negligent or that their negligence resulted in the accident is not enough. You must prove that your injuries and property loss directly resulted from the at-fault party’s actions. This is frequently where the insurance company tries to avoid liability by insisting that a victim’s injuries were unrelated to a wreck.

Remember, quality evidence is key to winning any lawsuit. The success of your car accident lawsuit entirely depends on what you can prove and how you should prove it.

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