Suppose you find yourself in a car accident involving a negligent driver. How do you go about proving that their negligence caused the accident where you suffered physical injuries or damage to property?
Like all other personal injury claims, you need to show the four elements of negligence. They are:
- The duty of care owed to you
- The breach of such duty
- Injuries caused by the breach
- The damages you suffered as a result of your injuries
Here is how it all plays out
All road users owe each other a duty of care. It means that if the other driver was reckless in their actions, that is a breach of the duty of care they owe you.
- Was the other driver texting while driving?
- Did they run a red light, or were they speeding?
- Was their motor vehicle roadworthy?
These are some of the questions which can assign fault in a crash
Sometimes, you need to have supporting evidence since the driver will likely counter your claims. For instance, CCTV footage or witness testimony can go a long way in proving your claims. Afterward, you can rely on medical documentation to show the injuries you suffered and the cost of hospitalization.
Protecting your legal rights
If the driver was negligent, you have a right to be compensated for your injuries. Take extra care if the other driver’s insurance company gets in touch. They may be hoping you make an admission of wrongdoing that could affect settlement negotiations. Having help to understand what to do after a car crash will be crucial to getting the total amount of compensation you are entitled to.