Proving A Car Accident Negligence Claim

December 13th, 2019

Negligent driving can include not being vigilant, driving under the influence of drugs or alcohol, distracted driving, driving while texting, disobeying traffic signals or laws, being out of control of the vehicle, not using a vehicle’s safety features, or simply failing to use normal care and caution while operating a motor vehicle. Understanding how to prove a car accident negligence claim can help you determine if you have a strong case to receive compensation for your damages and your injuries.

Proving Negligence

There are four elements you must prove in a car accident negligence case in order to attempt to receive compensation for your medical bills, lost wages, pain and suffering, and other damages. Contacting an experienced personal injury attorney will help you determine if your case meets these standards.

• Duty of Care. Every driver on the roadways owes other drivers a basic duty of care to operate their vehicle in such a way that they do not injure others. The standard applied is the way a reasonably prudent person would drive under similar circumstances.
• Breach of Duty of Care. The other driver breaches their duty of care by deviating from the conduct of a reasonably prudent person under the circumstances. For example, the driver of the other vehicle behaved negligently with respect to the operation of his vehicle by either speeding, driving while under the influence of drugs or alcohol, following too closely to another car, texting and driving, committing a traffic violation, or other negligent act.
• Causation. The driver’s breach of duty must have been the actual and proximate cause of your damages. If you did not suffer any injuries or any property damage as a direct result of the breach of duty of care, then you may not have a strong car accident claim.
• Damages. You must be able to prove that there were actual damages as a result of the car accident that are physical, emotional, or financial.

Common Types of Negligence

While there are many types of negligent behavior of drivers, some of the most common include:

• Distracted driving
• Texting and driving
• Changing a radio station, reading a map or using a cell phone
• Taking hands off the wheel while the car is in motion
• Looking in the backseat of a car while the car is in motion
• Failure to obey traffic signals
• Speeding
• Driving too slowly
• Stopping suddenly or stopping over the line at an intersection
• Swerving or driving recklessly
• Failing to dim high beam lights
• Not using a turn signal
• Failing to use hazard lights when necessary
• Driving with failed brake lights or headlights
• Driving while under the influence of drugs or alcohol

Remedies for Negligence 

In most car accident cases, the negligent party will have to pay compensation for the injured party’s medical bills, lost wages, or any other losses or expenses related to the car accident. These amounts can be complex to calculate and oftentimes will need the support of evidence such as a police report or an independent expert witness.

Contact an Experienced Accident Lawyer

If you were injured in a car accident due to someone else’s negligence, contact The Bowling Law Firm to gather the appropriate evidence and build a strong case in support of your claim. Contact one of our expert attorneys today at (504) 586-5200 or online to get the compensation you deserve.