The legal definition of the word negligence is “conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm.” If someone is found guilty of negligence their actions are known as negligent actions.
Duty of Proving Negligence
If you have been injured because of a car accident that was due to the negligence of someone else then you must prove the negligence of the other party if you want to win a personal injury lawsuit. You need to also prove that the injuries that you received were because of the other party’s negligence.
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Proving negligence has four main elements. These elements are
- Duty and Breach of Dusty
- Proximate Cause
- Cause in Fact
Duty and Breach of Duty – As a driver we have the duty to everyone else driving the roads to obey any traffic laws and to drive carefully. If a driver operates recklessly, this duty has been breached. It is your responsibility to prove that the negligent driver was operating the vehicle with no regard to the safety of others and doing this broke their duty to the other drivers and anyone who had part in the wreck.
Proximate Cause – If the reckless driving of the defendant caused a wreck then the defendant would be found at fault because they should know that their reckless driving would be likely to result in injuries.
Damages – As the plaintiff, it is your duty to prove that the negligent behavior of the defendant directly caused your injury.
Cause in Fact – The burden of proof lies on you whenever you have been injured in an accident. It is your responsibility to prove that these injuries that you received in the accident were directly related to the negligent actions that the driver took. You must have paperwork to back up these claims.
It may be considerably difficult for someone to prove negligence. Sometimes cases can turn into a he said she said kind of deal.
If you have a qualified legal professional to help you win your case you are much more likely to be able to get the compensation that you deserve. Whenever you use get an attorney you may find that they use some of the following to ensure that you get a good auto accident settlement:
- Expert Testimony – A person that has expert of near expert knowledge on a subject could be brought in to testify about the specifics of a certain part of the case. Many times expert testimony is used to help determine who was to blame for the accident.
- Eye Witness Testimony – Eye witnesses do not always come forward with information. Many times they are too busy or simply do not care enough to come forward. Whenever you have an attorney they will seek out these individuals and interview them for more information.
- Photos or Videos – Photographic or video evidence is very powerful. Many times this type of evidence can make a cause pretty open and shut.
- Animations and Illustrations – Animations and illustrations are often used to help people get a good picture of what happened. This kind of evidence is not always the best way to go but it an can lead the jury to a more favorable decision.
Doing all of this work without an attorney can be very frustrating. I highly recommend that you find a lawyer and get the help that you need.