When a car accident happens as a result of another driver’s negligence, it is a personal injury accident. This can cause serious injuries or even death to another individual. When this happens, the injured party may wish to hold the negligent party responsible for their behavior that caused the accident. In order to win a negligence claim, the injured party must prove two things: the defendant breached the duty of care they were required to provide and this breach directly caused their injuries.
The duty of care an individual must provide can either be express or implied. Regardless of how it is established, the injured party is required to satisfy the burden of proof. This can be done by fulfilling the following steps:
Proving A Duty of Care Existed
In most personal injury cases, proving that a party owed a duty of care is typically straight forward. Drivers have an obligation to be safe behind the wheel of a car so that they do not endanger those they share the road with. Because of this, motorists have a duty of care towards other drivers. This holds them liable for any accidents that may happen as a result of negligence. Alternatively, an accident can also happen due to product liability. If a part in a vehicle malfunctions because it was made improperly, a manufacturer may be liable to the accident that happened as a result.
Prove the Duty of Care Was Breached
Once the duty of care is established, the injured party must show how it was breached. This can be done through the following:
- Incident reports
- Eyewitness testimony
- Expert witness testimony
- Surveillance footage
- Chemical test results
- Pictures or videos of the scene
When an injured party pursues a negligence claim, they are required to satisfy the burden of proof. To do so, they must prove the car accident and the injuries that were caused were a direct result of the negligent party’s breach of duty. This requires the injured and their attorney to demonstrate how the accident occurred in addition to the damages, injuries, and losses that happened because of it.
Personal injury lawsuits take place to right what was wronged by the victim of the car accident. In some cases, this involves compensating them for the damages they incurred as a result. In order to receive financial compensation, the injured party must prove that there were damages as a result of the accident that took place. Damages that may be recovered after an accident can include but is not limited to:
- Medical bills
- Lost wages and benefits
- The loss of future earning capacity
- Physical therapy
- Occupational therapy
- Court costs
If you or someone you know was injured as a result of a drugged driving accident and wish to speak with an experienced attorney, contact Lawrence C. Hill & Associates, LTD. today.