There are around 43,000 fatal crashes in the U.S. every year. In 2022, there were just over 46,000 fatalities on American roads, with a whopping 5.2 million medically treated injuries.
Most accidents are caused by distracted driving, speeding, and drunk driving. Other accident causes include reckless driving, bad weather, and inexperienced teenage drivers.
If you are injured in a car accident and suffer injuries, you should consult a personal injury lawyer. Your lawyer can assist you in filing a case against the driver who is at fault and getting compensation for your losses.
However, if you want to win your case, you must prove negligence by the other driver. There are many ways to do this. For example, video footage can help prove negligence, especially if there is a dispute between you and the other driver.
However, since video footage is not always available after an accident, you must consider other ways to prove negligence.
What Is Negligence?
Negligence in the context of law means reckless or careless behavior that directly causes harm to another individual.
For instance, if a driver skips a stop sign and crashes into you as you cross the street, they behave negligently. They did something they were not supposed to.
Negligent behavior also extends to people not doing something they should be doing. For example, it is considered negligent behavior if a driver does not maintain a safe following distance on the road, especially during rainy weather. It is also negligence if they do not yield to oncoming traffic when they should.
Generally speaking, all drivers must exercise reasonable caution by adhering to road rules and traffic laws. This helps prevent injuries to other drivers, passengers, or pedestrians. When a driver does not exercise this reasonable caution, their actions may cause you harm. As a result, the driver becomes liable for your injuries and related expenses.
Was It an Accident or Negligence?
Because of the sheer volume of traffic on U.S. roads, accidents cannot be prevented. At the same time, most drivers involved in accidents do not want to cause a crash, which is mainly why accidents are called accidents.
However, in most vehicular crashes, one person or driver was negligent to the point that it caused the accident. Because they caused the accident, they are liable for the consequences of the accident, including injuries and loss of income of the victim.
Proving Negligence
So, even if it is clear that another driver caused the accident you were involved in, you still have to prove their negligence.
This means proving that the relevant traffic laws and regulations required the driver (now the defendant) to act reasonably on the road. This applies to all drivers and is known as a duty of care.
Moreover, you must prove that the driver breached their duty of care by acting recklessly and breaking traffic laws. The law says that the defendant’s behavior must be compared with the behavior of a reasonable person.
This means the defendant violated their duty of care if their behavior was not on par with what a reasonable person would have done.
Furthermore, you must show the link between the defendant’s behavior and your injuries and losses. For example, the defendant was distracted, skipped a red light, and crashed into you. Their negligent behavior caused you harm in the form of injuries, loss of income, and medical bills.
It is important to note that your losses must be measurable. You must be able to give evidence of lost income and a reduced future earning capacity. You must also have proof of vehicle damage if you want to be compensated for this, too.
The best way to prove these elements of negligence is by gathering all the evidence you need.
Evidence to Strengthen Your Case
You can start getting evidence together immediately after an accident. This means taking pictures of the damage to your vehicle and any obvious injuries you may have. You can also take photos of where the accident happened, including broken sidewalks and potholes.
Have a look around for traffic or surveillance cameras. These are often positioned along major roadways and at busy intersections. If you can get video footage of the accident, you have a great chance of proving the other driver’s negligence.
If there are people who saw the accident happen, you can ask for their contact details. Their statements can greatly assist in helping you prove negligence.
It is more than likely that a police officer and EMTs will respond to the accident. The officer will compile a report which includes their observation of how the accident happened. Police reports are not generally conclusive but can play a big role in assigning blame. Be sure to get a copy of this report to strengthen your case.
You must also allow the EMTs to check you for non-obvious injuries. While a broken arm or bump to the head is visible most of the time, other injuries and complications may not be. These include internal bleeding, brain injuries, and whiplash.
If you are taken to a hospital or ER, request copies of your medical records. These records will detail your injuries and, most importantly, link them to the accident. Keep all receipts and proof of treatments you received to claim compensation for your medical expenses.
The same goes for vehicle repair estimates and bills. Keep copies of these if you want to claim for damage to your car.
Other Factors to Consider
It is crucial to report the accident to your insurance company. Follow the process detailed in your policy. Your insurance provider will need the details of the accident, but be sure not to say anything that the insurer can use against you.
Also, consult a personal injury lawyer specializing in car accident claims. A lawyer can advise you on which legal route to follow and help you file a personal injury claim. Furthermore, your lawyer will conduct their own investigation to gather more evidence. They will also negotiate with the at-fault driver’s insurance company on your behalf.
Proving Negligence Is the Ideal Way to Recover Damages
Proving negligence may not always be easy, but it is the best way to ensure you get some compensation for your injuries and losses. Allow your lawyer to guide you through filing a personal injury claim to maximize your chances of winning.
