Ways to Prove Negligence in a Vehicle Accident Case
When you are injured in an auto accident, determining who is responsible is often one of the most important parts of pursuing a personal injury claim. In many cases, we must establish that another driver’s negligence caused the accident and resulting injuries. Proving negligence requires more than simply showing that a crash occurred. We must gather evidence and establish the key elements of a negligence claim.
Establishing a Duty of Care
The first step is showing that the other driver owed you a duty of care. Drivers generally have a legal obligation to operate their vehicles reasonably and follow traffic laws. This includes maintaining a proper lookout, obeying speed limits and traffic signals, and taking reasonable precautions to avoid causing a collision.
Because drivers have a duty to operate their vehicles safely around others on the road, this element is often straightforward in an auto accident case.
Proving a Breach of Duty
Next, we must demonstrate that the other driver failed to meet that duty. This is known as a breach of the duty of care. Examples may include speeding, distracted driving, running a red light, following too closely, driving while impaired, or making an unsafe lane change.
Evidence such as police reports, traffic citations, photographs, dashcam footage, surveillance video, and eyewitness statements can help establish how the accident occurred and whether the other driver violated a safety obligation.
Connecting the Negligence to the Accident
It is not enough to show that another driver made a mistake. We must also establish that the driver’s conduct caused the accident and the resulting injuries.
For example, if a driver was texting while driving but the collision occurred because of an unrelated mechanical failure, proving that texting caused the accident could be difficult. Attorneys may reconstruct the accident using photographs, vehicle damage, witness testimony, electronic data, and, when necessary, accident reconstruction experts.
Documenting Injuries and Damages
Once liability is established, an attorney must document the losses caused by the accident. Medical records and bills can demonstrate the nature and cost of treatment. Other evidence may establish lost wages, diminished earning capacity, property damage, physical pain, and other losses associated with the collision.
Keeping records of medical appointments, expenses, missed work, and other accident-related losses can make it easier to demonstrate the full extent of the damages.
Building a Strong Evidence-Based Case
Successful auto accident claims are generally built on evidence rather than assumptions. An attorney may investigate the accident scene, obtain relevant records, interview witnesses, communicate with insurance companies, and consult experts when appropriate.
If you have been injured in an auto accident, preserving evidence and seeking legal advice early can be important. Insurance companies may begin investigating a claim soon after a collision, and evidence can become more difficult to obtain as time passes.
Understanding how negligence is established can help accident victims recognize what evidence may be important to their claim and why thorough investigation matters when seeking compensation for injuries and losses.
Call Today for your Free Consultation with Attorney Brian Brunson
Named one of the “Best Car Accident Lawyers in Dallas” by Expertise.com, Brian Brunson is Dallas personal injury attorney who is dedicated to helping clients who have suffered a car, truck, or motorcycle injury through the negligent or wrongful conduct of other drivers. In addition, his professionalism is unmatched and the firms’ client reviews speak for themselves.
We proudly serve the Dallas-Fort Worth metroplex and surrounding areas, our office supports the legal needs of a wide variety of clients. Let the Law Office of Brian Brunson be your advocate in your time of need and help you put your life back together. If we can’t win or settle your case, you don’t pay a dime! We know it can be daunting to take that first step after you’ve been hurt. Contact Brian Brunson today via email or call us toll-free at 1-844-41-WRECK. We can help, when no one else will.
