How To Prove Negligence In A Personal Injury Case

If you have suffered from a car accident that was not your fault, you may have the right to recover money for your losses and injuries. In order to do this, you must demonstrate that the other involved driver exhibited negligence. This is not easy, but knowing what to look for can make the process much simpler. Here are a few things your personal injury attorney must try to prove:

The driver had a legal duty to act differently.

In a general sense, drivers are legally responsible to abide by traffic rules as they drive. Drivers have the legal duty to prevent harm by following the law. For instance, running a stop sign is an instance of breaching a legal duty. Additionally, proof must exist that the driver breached a given legal duty. 

The breach of legal duty caused damage or injuries.

If you want to present a successful claim, you must show that your injuries or damages to your vehicle were a direct result of the breach of legal duty. Perhaps you are suffering from post-traumatic stress disorder or broken ribs. Emotional, mental and physical injuries may all result from car accidents.

How to Prove Negligence

Gathering evidence is your next step. A police report, if written at the scene, is your first source. The report includes an officer's studies and observations of the incidents, and the officer may suggest liability in its contents. An official report of the accident is available after filing. If the officer issued a ticket at the time, it will be written here as well.

The type of accident also makes a difference. For instance, rear-end accidents, the most common type, are generally the fault of the driver who hit the back of the other car. The same is true for a left-turn collision, in which the turning driver is typically the one at fault.

At the scene of the crime, take notes, pictures and video of the scene. Make sure to note the date, time, street name and type of weather. Take down witness contact information and the driver's license plate. Photos should encompass the entire scene, from skid marks to street signs.

Finally, turning to an auto accident attorney is wise. This will help you find the necessary evidence to prove that the other driver is legally responsible for your injuries or damages. A good attorney will help you gather the best evidence to put forth in your case.