Experiencing a car accident is something that nobody looks forward to. No one likes to see their car wrecked and lie on the hospital bed waiting for their injuries to heal. However, no matter how safe you drive, there are always other irresponsible drivers to ruin your day. You must seek compensation if you have suffered a car accident due to another party’s negligence.
Filing an insurance claim and seeking damages allows you to pay for your medical bills, property damages, and lost wages without drilling a hole in your pocket. However, you need to prove negligence to receive compensatory damages. To get legal assistance for the same, speak to a Hillsville Personal Injury Lawer.
Elements of proving negligence in a car accident case
According to the law in Hillsville, there are four things you must prove to show that the other party was negligent and caused your injuries. These are as follows:
- Duty of care: The first thing you must prove is that the other driver owed you a duty of care. All drivers driving a vehicle on the road are obliged to obey the traffic rules and operate their vehicle in a way that does not harm other road users (drivers, pedestrians, cyclists).
- Breach of duty: The second thing you must prove is that the other party caused a breach of their duty towards you. You need to prove that the driver violated a traffic law by speeding, running a red light, etc., which caused the accident and your injuries.
- Causation: Thirdly, you must prove that because the driver caused a breach of duty, you suffered from a car accident and acquired injuries. You may also need to show that if the driver had been careful, you would not have injuries.
- Actual harm: Lastly, you must show that you have acquired damages due to the accident. This may include property damages, medical bills, lost wages, and intangible damages like pain and suffering, loss of a companion, etc.
How to determine fault in a car accident?
Determining fault in a car accident is not easy. The first step may be proving negligence, where you must prove several elements. However, there are ways to prove your innocence as well. You could show that the other party acted recklessly or negligently by collecting evidence with the help of an attorney.
A few factors are used to determine fault in a car accident. Some useful evidence may include police reports, witness statements, pictures, videos, camera footage, medical reports, and cell phone records.
