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Proving negligence in a car accident claim

| Jan 6, 2021 | Motor Vehicle Accidents |

Perhaps you are recovering from a bad car accident that has left you with serious trauma and a damaged vehicle. Of primary concern is whether or not you can file a claim for negligence against the other motorist and what is necessary to do so.

Negligence is not an automatic assumption. Though you may have pictures and witness statements to help corroborate your story, your car accident claim must prove the following:

Breach of duty and causation

In most motor vehicle collisions, the negligent party breaches their duty. Successful personal injury claims contain facts that establish the defendants’ actions or lack of actions led them to breach their duty and cause harm to others.

Trauma and damages

You may have injuries and vehicle damage, but without evidence in the form of photos, video, witness statements and other documentation, your claim could end up with a less than favorable outcome. Regardless of how you initially feel in the minutes and days after a collision, seek out medical attention for treatment and a professional record of injuries. Photos and professional appraisals of your vehicle can also help to establish the amount of compensation you qualify for in addition to your physical, emotional and financial trauma.

Duty of care

All motorists assume a duty of care to operate their vehicles safely and act in a reasonable manner while on the roads. This means to respect all drivers, obey all traffic rules and laws and to pay attention to the roads to avoid bringing harm to others.

Sometimes, it is not obvious who the liable party is in collisions. Some car accidents involve multiple negligent parties and a variety of factors.