Proving negligence is the key to securing compensation in car accident cases. In legal terms, negligence occurs when someone fails to act as a reasonable person would under similar circumstances and harms another.
Insurance adjusters and lawyers make decisions in car accident claims based on who acted negligently.
Elements of Negligence
The legal doctrine of negligence has four elements. In a car accident case based on negligence, the injured party must prove:
- Duty of care – The defendant had a duty to avoid harming the plaintiff. In auto accident cases, drivers have an assumed duty of care to operate their vehicles safely by following traffic laws.
- Breach – The defendant breached their duty of care. For example, running a red light or driving under the influence of alcohol or drugs constitutes a breach. These are just a few examples of negligent driving.
- Causation – The breach caused the crash and injuries. Establishing causation means showing the accident would not have occurred but for the defendant’s actions and that the actions were foreseeable.
- Damages – The plaintiff suffered damage from the accident that can be remedied through compensation. This could include money for medical bills, lost income, car repairs, and pain and suffering.
Building a solid negligence case that satisfies all four elements can be challenging. If you’ve been hurt, an experienced car accident lawyer can investigate the crash and gather compelling evidence demonstrating the other party’s fault.
Proving Negligence in Car Accident Lawsuits
Proving negligence in car accident lawsuits requires substantial evidence that shows what happened in the crash and who is liable. Examples of evidence that a car accident attorney might use in an injury claim include:
- Medical records
- Police accident reports
- Accident scene photos and video footage
- Surveillance, traffic camera, or dashcam footage
- Logs from vehicles’ event data recorders (“black boxes”)
- Eyewitness statements
- Cell phone records
- Post-accident vehicle inspections or repair records
- Toxicology test results
- Vehicle maintenance records
Comparative Car Accident Negligence and Its Impact
Oklahoma has a modified comparative negligence law. Under this rule, a car accident victim who shares the blame for a crash may recover compensation as long as they are not more at fault for the accident than the defendant. The accident victim’s compensation is reduced based on their assigned proportion of fault.
Role of Expert Witnesses
In addition to evidence such as medical documents and witness testimony, proving negligence in a car accident claim may require written reports and testimony from accident reconstruction or engineering experts. These expert witnesses use scientific principles to review evidence from the crash scene and provide their opinion on what happened to assist parties during settlement negotiations or at trial.
Seeking Legal Help for Car Accident Lawsuits
If you suffered injuries in a car accident because of driver negligence, the car accident attorneys at Cain Law can review your case and discuss your legal options in a free consultation. Call or contact us now.
