Car Accident Lawyers Helping the Injured Seek Justice
How Can You Prove Fault In A Car Accident Case?
If you have been injured in a car accident, the burden of proof falls on you in a personal injury claim. This means you must be able to prove that the accident was caused by the defendant in order to obtain the compensation you deserve for your injuries. To establish liability, you must prove these elements:
- The defendant owed you a duty of care. Every driver on the road owes a duty of care to other drivers, which means they are legally obligated to drive responsibly so they don’t put other road users in danger.
- The accident occurred as a result of the defendant’s breach of their duty of care.
- The defendant breached their duty of care. You must show that the defendant acted in a way that put other road users, including yourself, in danger, thus breaching their duty of care. The defendant may have done this by driving drunk, texting and driving, speeding, or failing to comply with traffic laws, for example.
- You were injured in the accident and suffered damages such as medical expenses, lost wages, and pain and suffering.
You must prove these four elements to recover compensation in a car accident claim. In some cases, both parties are partly to blame for the accident. It’s important to note that you can still recover compensation even if you were partly at fault. But the amount of compensation you are awarded will be reduced to account for the role you played in the crash.