While driving is relatively safe, there are still a significant number of crashes every year in the U.S. Sometimes, crashes are unavoidable. For example, a car may spin out of control due to heavy rain or ice.
However, many road traffic collisions are the result of negligence. This means that they were ultimately avoidable. In such circumstances, it is possible to hold the negligent driver to account via a personal injury claim.
How can negligence be established in a car accident claim?
Was a duty of care owed?
In some personal injury cases, it can be tricky to establish whether or not a duty of care was owed. In terms of car accidents, this is usually a straightforward matter. Any driver operating in public owes other road users a legal duty of care. Road users must drive to the standard of a reasonably prudent person.
Was there a breach of duty?
For negligence to be established, the duty of care must have been breached. This means that a driver must have acted in a way contrary to the reasonably prudent person. For example, excessive speeding or being on a phone call while in motion.
Did the breach cause the injuries?
The injuries suffered must be directly related to the actions of the negligent driver. For example, if a speeding driver caused another road user to become outraged, resulting in a crash five minutes later, there is no direct causation. However, if the speeding driver left another road user with no option but to swerve out of the way, resulting in a crash, then there is direct causation.
Importantly, the plaintiff must also be able to show quantifiable damages. This includes physical and mental injuries diagnosed by a doctor, medical bills, property damage and more. Seeking legal guidance can help you to establish negligence and fight for the financial compensation you deserve.
