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In case of car accidents, one of the essential elements for filing a compensation claim is to prove the other driver’s negligence. Negligence is careless conduct that can bring harm to another person. While driving, drivers must take reasonable care to avoid injury to other persons and vehicles on the road. Suppose you come across an accident where a driver is not being careful, which results in causing harm to you or your vehicle. In that case, it provides you the ground to pursue a personal injury claim based on negligence. Several factors are required to prove the other driver’s negligence in an accident.
How to prove the negligence of the driver at fault?
To prove negligence, you need to prove that another party has failed to act with care and that negligence has resulted in unintentional harm or injury to you. Negligent behaviors include:
- Carelessness behind the wheel.
- Not following traffic rules and signals.
- Failing to maintain the vehicle’s balance.
- Failing to maintain the vehicle properly.
“It is quite complicated to prove negligence. To prove the driver’s negligence at fault, you need to prove the four elements: duty, breach of duty, cause of injury, and damages,” explain Attorney Tal Braddock of the Braddock Law Firm, PLLC.
Duty of Care
According to the law, all motorists have a duty or obligation to follow the traffic rules and handle their vehicles safely and adequately. Hence all motorists owe other road users a duty to drive safely.
Breach of Duty
To prove the other driver’s negligence, you need to prove that the driver has breached their duty of care to you. For this, the law compares the driver’s conduct with the conduct expected of a reasonable person under the same circumstances. If the person’s behavior at fault falls short of how a person would have acted under the same circumstances, then the driver at fault has violated the duty of care. Examples of conduct expected of a reasonable driver include:
- Stopping at a red light.
- Watching for crossing pedestrians.
- Following front vehicles at a safe distance.
Cause of Injury and Damages
To prove the negligence claim, you must show that breach of duty or negligence is the actual cause of your injuries. You will not be able to hold the other party liable if you cannot prove that the resulting injuries are actually due to the conduct of breach of duty.
Recovering the Damages
To claim the compensation, you need to bring evidence of physical and financial losses, which are actually due to injuries caused by the conduct of breach of duty by the party at fault. It may include your medical bills, maintenance bills, and proof of your days off from work and other sufferings.
To prove negligence and claim for compensation is a complex process. You need to collect evidence soon after the accident. This evidence includes a copy of the police report, detailed notes about the accident, photos and videos, statements from witnesses and medical reports, etc.
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