Proving Driver Negligence In Car Accident Injury Claims
When a car accident leads to an injury claim, the dispute that follows always talks about negligence. Basically, this means that in order to receive financial compensation, you have to prove that negligence was involved. Fortunately, this is not at all difficult to do, especially if you hire a car accident lawyer in DC to help you. Unfortunately, there can be some complications that will appear.
In car accident lawsuits, if you are the plaintiff, it is important to establish some specific things so you can prove driver negligence. These are:
- The driver at fault was required by law to be careful and act in a reasonable matter. This is very important but it is usually a given in car accidents since there are driving laws that dictate the actions of the drivers in most possible situations.
- The driver at fault was not careful. Basically, this means the driver violated the duty of care. In order to determine how careful a driver was, the conduct of the individual is compared to what a regular driver would do. When the behavior of the defendant falls short, it means duty of care was broken. For instance, if the driver does not stop at the stop sign, it is considered a breach of duty of care.
- It was the conduct of the defendant that caused the injuries. As an example, let’s say you were rear-ended and then you suffered neck strain. After the accident, you need to prove that your injuries came from that collision. If your neck strain comes from something else, like a sports activity that took place a few days before the accident, you cannot file an injury claim for compensation for the neck strain.
- Measurable losses were suffered. The victim of the car accident can receive compensation for lost wages, injuries, vehicle damage, and pain and suffering. However, this is only possible if you can prove that losses actually existed. As an example, while considering the example before with the neck strain, when your car is hit from behind but there is no visible damage and you do not miss a day of work, you will not be able to recover financial compensation.
Proving Negligence Is Easier With An Attorney
At the end of the day, you have to understand the fact that when you are a plaintiff in a car accident injury claim, the success of your legal action depends on evidence and proving negligence. You need to have really detailed records of medical expenses, property damage, and all injuries you suffered. At the same time, you have to be able to prove the extent of your pain and suffering, which is quite difficult.
You should seriously consider hiring a car accident attorney that will represent you during the entire claims process. This is a person that does know everything about proving negligence and gathering all the evidence you need to have a very strong case against the driver that was at fault. Also, the lawyer can find other parties that might have been responsible and help you get a higher financial compensation as a result.