Car Accident Claim

The Role of Negligence in a Successful Car Accident Claim

Car accidents continue to rank as one of the highest forms of auto accidents worldwide, which have resulted in severe injuries and financial distress, and negligence has proven to play a vital role in these incidents. A 2016 National Highway Transportation Safety Administration (NHTSA) study found that human error accounts for 94% to 96% of car accidents.

Several other studies have shown similar results, and every study shows that the percentage of car accidents caused by negligence is at least 90%. Negligence has been used over time to form a basis to determine who is at fault or responsible for accidents and to hold a person accountable when they violate laws intended to protect public safety.

Furthermore, in legal terms, it refers to the failure of one party to take reasonable care or act in a way a sensible person would under the same circumstances. When it comes to car accidents, negligence involves reckless driving, overspeeding, ignoring traffic rules and regulations, and driving under the influence of alcohol. However, in some situations, both parties may bear the brunt of the negligence.

Collaborating with car accident lawyers at Wilshire Law Firm or other experienced firms enables you to construct a strong case against the responsible party, thereby increasing your chances of securing the highest possible compensation for your injuries. These are some of the pieces of evidence that can be used to pursue a claim:

  • Medical record
  • Police report
  • Photos and videos from accident scenes
  • Eyewitness reports
  • Expert analysis
  • Vehicle maintenance data
  • Surveillance camera footage

Elements of negligence

Exercising negligence revolves around navigating four critical factors, as these are the only ways accident claims can be successful, with each acting as a vital link. This critical component forms the foundation required to establish negligence; hence, for a plaintiff to receive compensation, all these elements must be proven true.

Duty of care: The first stage involves establishing that the at-fault party owes you a duty of care on the road. It means they have a responsibility to keep you safe and use their vehicles safely by following the traffic rules and driving responsibly and safely.

Breach of duty: The defendant breached their duty of care by making a mistake that caused harm to others. Instances such as running a red light, driving under the influence of alcohol or other harmful substances, and texting while driving constitute breaches. These represent just a few cases of negligent driving.

Causation: When an accident occurs, the cause of the accident must be determined to know the party responsible for the injuries. Demonstrating causation involves proving that the accident would not have happened if not for the defendant’s actions and that these actions were foreseeable and could have been avoided.

Damages: Finally, for an accident claim to be considered official, the victim must have suffered actual damages, such as bodily harm, damage to property, medical costs, income loss, emotional distress, or pain and suffering, as a result of the accident.

Final words

Building a solid negligence case that meets the four elements is crucial for the party seeking compensation in a car accident claim. If you’ve been hurt, an experienced car accident lawyer can investigate the crash and gather compelling evidence.

If negligence is proven, the at-fault party will be held accountable for compensating the injured party for their losses. However, laws and specific circumstances can differ by jurisdiction, and it’s advisable to talk with a qualified attorney experienced in handling car accident claims to understand how negligence applies in a particular case.

Car accident lawyers are experts in proving negligence by providing evidence. Their private investigators will conduct a thorough investigation and collect relevant evidence that can prove the four elements of personal injury law.

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