If you have been injured in a car crash and want to recover for your injuries, you will need to prove that the other driver was negligent.
All drivers are required to exercise care to avoid causing injury to other drivers and pedestrians. Negligence occurs when a driver does not exercise due care and instead behaves carelessly. Drivers can be negligent in many ways, such as by speeding, tailgating, driving under the influence of drugs or alcohol, running a stoplight or stop sign or failing to yield the right of way to a pedestrian.
If you’ve been injured in a car crash, here’s what you will need to prove with the help of your attorney:
- The driver that injured you had a duty to exercise reasonable care: This requirement is usually easily met because the law requires all drivers to exercise reasonable care.
- The driver that injured you breached that duty: The court will compare that driver’s behavior with the behavior of an ordinary reasonable person under the same circumstances. If a reasonable person would not have acted similarly, you may be able to recover.
- The driver’s conduct was the cause of your injuries: In order to recover, you must prove that the other driver’s conduct was the actual cause of your injuries. For instance, if you had a bad back before the car crash, you may have difficulty proving that the car crash was the cause of your back injury.
- Damages resulted: You must prove that you suffered some type of loss and were damaged as a result. Common damages are medical bills, loss of wages and pain and suffering, among other damages.
If you have been injured in a car crash, the experienced accident and injury attorneys at The Quitmeier Law Firm can help you establish all the elements of your claim to get you the compensation that you deserve. Contact us today.
