What Are The Elements Of A Negligence Claim After A Motor Vehicle Accident?
When a Car Accident occurs as a result of someone else’s negligent driving, the injured party may have the legal right to file a Personal Injury Lawsuit against the at-fault driver.
To win a negligence lawsuit case, the victim must prove all “elements” of negligence were present, and therefore the other driver is responsible for any bills that accumulate as a result of the collision.
So you may be wondering, What are the Elements of a Negligence Claim after a Motor Vehicle Accident?
Keep reading to find out!
I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.
Element #1 Duty
Every driver on the road has a duty to operate their motor vehicle safely and in a non-hazardous manner. This is to ensure that other drivers and their property are not damaged while driving.
Drivers are expected to abide by all traffic laws at all times. For example, speed limits, traffic signs, and turn signals are in place to protect drivers, and when someone fails to uphold this duty of care, it constitutes as a breach.
Element #2 Breach of Duty of Care
It’s not enough to only prove that the other driver owed them the duty of care, they must also prove that they breached this duty.
A breach occurs when the other person fails to uphold the duty of care and thereby causes damage or injury to occur to the other driver.
Even a minor breach of the duty of care can result in severe injuries and damages to occur to the another driver.
Depending on the breach that occurred, the driver could end up being held civilly and criminally responsible for the accident.
Related Post: Do Red Light Cameras Actually Keep Us Safe?
Element #3 Causation
It must also be proven, that due to the driver’s breach of duty, the victim suffered injuries and damages.
The breach of duty must be the direct result of the victims suffering. It has to be proven that the injuries or damages would never have occurred if the other driver had not committed the breach of duty.
An experienced Car Accident Injury Attorney will be able to prove causation in a motor vehicle accident. It can often be difficult to prove on your own.
Element #4 Damages
The accident victim must also prove a legally recognized harm, such as a physical injury to themselves or to their property.
The failure to exercise reasonable care must result in actual damages to the person who is owed a duty of care.
This can be proven by medical documentation from a Doctor who states that the injuries they are treating you for were a direct result of the car accident.
It also helps to have police documentation stating that the damages inflicted to the vehicle were caused by the other driver.
Ready to Talk to a Lawyer Who Has Your Back?
Hiring a Car Accident Attorney
When you become the victim of a car accident, it’s important to hire an attorney for legal help. If you believe that the accident you were involved in was a result of the other driver’s negligence, it’s important to have an attorney who can prove your case and help you receive the compensation that you deserve.
Remember, it’s not just about being hit by another vehicle, all the of above elements must be present if you want to receive a settlement.
Proving that all of the elements of negligence were present in the accident that you were involved in can be difficult to prove on your own. The other driver’s insurance company will do their best to try and prove that you were partially at-fault for the accident.
When you hire an experienced car accident attorney to handle your case, they will be able to prove that all negligence elements were present and that you deserve to be compensated for the damages and injuries that the other driver caused.
To see if we can help with your case, we offer a free consultation.
This gives us a chance to speak with you regarding the details surrounding your accident injury case.
Click on the link below now to schedule your free consultation with our expert Car Accident Lawyers today.
Our Recent Personal Injury Articles
A stolen vehicle chase with deputies left two teens in critical condition after they lost control of the vehicle.
A bus caught fire on Friday night at Ashford Dunwoody Road and I-285 West, causing delays during rush hour. The ramp was closed, and firefighters were able to put out...
A pedestrian in Cartersville, GA, was hit and killed by a train while crossing the tracks. The pedestrian's identity is unknown.
Macon, GA – Gray Highway Will Get New Pedestrian Crosswalks In Efforts To Decrease Pedestrian Fatalities
Concrete medianettes will be built on Gray Highway and Shurling Drive in Georgia to improve pedestrian safety. These medianettes will provide a safe space for pedestrians to cross busy roads,...
(August 27, 2023) Two victims in a hit-and-run accident on Northside Parkway are in severe condition and were taken to the hospital. The details of the collision are still under...
(August 24, 2023) There was a fatal tractor-trailer truck accident on I-20 in Douglas County. The accident resulted in the closure of all westbound lanes. Emergency personnel were working to...
The driver of a pickup truck wrecked Monday afternoon, prompting Sandy Springs Police to close the eastbound Roswell Road ramp. No fatalities were reported.
There was a semi-truck fire on I-20 near Warren Road, causing traffic congestion. The Augusta Fire Department was present and suggested alternative routes for drivers.
Following a car crash in Atlanta, several men opened fire at vehicles in the intersection. The crash involved three vehicles, with a Chevrolet Camaro being at fault. The men from...
A 76-year-old Marietta man was killed Sunday night after a car hit him as he crossed Austell Road in central Cobb County.
Contact The Brown Firm
Get the Answers and Compensation You Deserve
You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.
Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.