How to Prove Auto Accident Negligence Claims
Proving an at-fault driver’s negligence is necessary for a car accident lawsuit. It supports your case and helps you get the best possible compensation for the injuries and damages you sustained from the car crash.
The question is that how could you prove an at-fault driver’s negligence or recklessness?
What evidence do you need to support your case?
Hiring a Burbank auto accident attorney helps prove negligence efficiently and win your lawsuit. However, knowing the claims process helps in the legal procedures.
Understanding Negligence and Its Four Elements
In case of car accident cases, negligence occurs when a driver acts carelessly and causes injuries or damage to another person. Each negligence case consists of four elements, and a plaintiff should establish these points to win their lawsuit.
1. Duty of Care
Every driver owes a duty of care to pedestrians, should follow the road regulations, and drive safely to avoid causing accidents.
2. Breach of Duty of Care
It occurs when the at-fault driver intentionally or unintentionally breaches his duty of care and causes a car crash, like:
- Drunk driving
- Texting while driving
- making an illegal u-turn
- Running red lights
3. Causing the Accident
This element pertains to the exact moment of causing the accident because of breaching the duty of care. It’s critical to determine if you can sue the other driver or if they only deserve a traffic violation.
For example, a driver could get a traffic violation because of overspeeding, but you can’t sue them for that action. However, you can file an auto accident lawsuit if overspeeding caused them to crash into your car.
Lastly, prove the damages that the accident caused you, like:
- Car Damage
- Physical injuries
- Psychological distress
- Lost wages
This element is critical so the court can calculate the compensation you deserve and the correct penalties for the at-fault party.
Proving Negligence in an Auto Accident
These four steps help prove recklessness in an auto accident:
1. Photographs and Videos
Take pictures of the accident scene and show all the car damages and personal injuries sustained.
It’s great if you can secure video footage that proves how the accident took place. An example is footage showing the at-fault driver breached the duty of care, like texting while driving right before the car crash.\\
2. Collect Witness Statements
Gather witness statements from surrounding people. Somebody may have noticed the other party’s negligence that caused the accident.
For instance, a taxi passenger can prove that the driver had fallen asleep, lost control of the vehicle, and hit your car.
3. Secure a Police Report
Get a copy of the police report, as it might contain information that could support your case.
For example, the at-fault party may have told the police that they were sorry as they didn’t intend the accident to happen, proving their negligence caused the accident.
4. Secure Evidence of Damage
Lastly, you must prove that the accident caused certain damages and injuries to you through these pieces of evidence:
- Medical documents such as physician’s report, diagnosis, laboratory test results like x-ray, and treatment bills
- Car servicing bills or testimony from your mechanic
- Employment records that prove lost wages
- Pictures of your injuries and car damage
Call an Auto Accident Lawyer in Burbank to Support Your Car Accident Lawsuit
Most auto accidents involve negligence, but it’s challenging to prove in court. You should thus collect the correct evidence and defend your claim to win your lawsuit.
A reliable Burbank auto accident attorney can expertly prove the at-fault party’s negligence in a car crash.