If you’ve been injured in a car accident, you may be entitled to personal injury compensation. However, you will need to show that the other driver was negligent.
Negligence occurs when another driver causes harm because they did not exercise reasonable care. Here are some important points to consider.
What are the elements of negligence?
The key components of negligence can be broken down into the following four parts:
- Duty of care: All drivers have a legal obligation to operate their vehicles safely. This means following road traffic laws and considering the safety of others.
- Breach of duty: A breach of duty occurs when a driver fails to exercise reasonable care.
- Causation: The driver’s breach must have directly caused your injuries
- Damages: You must show that the accident resulted in measurable damages. This includes medical expenses, lost wages and pain and suffering.
Negligent driving comes in several forms. Some of the most common examples include speeding, driving under the influence and using a cell phone while driving. In some cases, for serious violations, the driving may go beyond negligence to reckless driving. Injured parties can still claim compensation for this.
How do you prove negligence?
To prove negligence, you’ll need to present evidence. The following details may help:
- Police report: The police must be called for all serious accidents. They will collect details about the accident and give insights into what happened.
- Witness statements: Having witness statements from those who saw the accident can significantly strengthen your case.
- Camera footage: Many vehicles now have dashcams. If you have this or can utilize someone else’s, this will strengthen your case. It may also be worth asking local businesses for footage when applicable.
- Medical records: Your medical records show the extent of your injuries and how they are linked to the accident.
To find out more about car accidents and personal injury law, you may want to seek some legal guidance.