Establishing the Other Driver’s Negligence
In most states, drivers have a responsibility to exercise reasonable care while operating a motor vehicle. This means refraining from actions they know would likely cause injuries to themselves, another person, or someone’s property. When a driver fails to uphold this responsibility, it is considered negligence.
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.
Connecting Negligence to Causation
Once negligence is established in your car accident case, the next step is connecting it to causation, meaning that you must show how the other driver’s negligent actions were the cause of the accident in which you were injured. It is important that you obtain as much evidence as possible for this step. This includes:
- Police Reports
- Traffic Laws
- Photographic Evidence
- Damage To Vehicles
Proving the Correlation to Your Damages
You must be able to connect the other driver’s negligence and causation to the damages you suffered. If you can prove that the driver’s negligence caused the accident resulting in your serious injuries, property damage, etc., you can demonstrate their fault in the situation. These damages could include:
- Property Damage
- Personal Injury
- Compensatory Damages
- Emotional Distress
Contact An Attorney
It’s always a good idea to have one of our experienced attorneys on your side to help you to answer any question that you might have and to navigate all of the factors in your case.
Photo Credit: kadmy / 123RF Stock Photo