Car accidents are called accidents for a reason. Though they are not intentional, there is usually a driver at fault. Determining fault in a car accident is usually not an easy task. This article will point out a few steps to take to help to establish your case.
First Step: Establishing the Other Driver’s Negligence
In most states, drivers have a responsibility to exercise reasonable care when behind the wheel. This is supposed to keep drivers from engaging in actions they know would likely cause injuries to themselves, another person or driver, or another’s property. When a driver fails to uphold this responsibility, it is considered negligence. This can take many forms, including:
When a person drives in such as a way that you could predict harm would be caused by their actions, they are considered to be negligent. In order to pinpoint this negligence more effectively, the Proper Lookout standard was created. Under this standard, a driver’s proper lookout is their duty to remain observant of the vehicles, people, and objects around them while obeying basic road rules. Failure in this area constitutes negligence.
Second Step: Connecting Negligence to Causation
Once you have established negligence in your car accident case, you must then take the next step in connecting it to causation. This means that you must show how the other driver’s negligent behavior was the cause of the accident you suffered injuries in. It is crucial that you obtain as much evidence as possible for this step. This includes:
When you can create a bridge from negligence to causation, you are one step closer to securing compensation.
Third Step: Proving the Correlation to Your Damages
Finally, you must be able to chain together negligence and causation to the damages you suffered. By proving that the driver’s negligence caused the accident which resulted in your serious injuries and/or property damage, you can demonstrate their fault and responsibility in the situation. These damages could include a variety of areas, such as:
Contact An Attorney
It’s always a good idea to have an attorney on your side to help you to answer any question that you might have and to navigate all of the factors in your case.