Posted on behalf of Anderson Cummings on Aug 18, 2017 in Auto Accidents
An important aspect of a car accident claim is whether you can prove the accident that caused your injury was caused by the at-fault party’s negligence.
If you are unable to prove the at-fault party’s negligence was the cause of your injury, you cannot file a claim to recover compensation. Our Fort Worth personal injury attorneys understand the necessary elements needed to prove negligence in a car accident claim.
We will work to establish that these factors were present during your auto accident to help you get the compensation you deserve after being hurt in an accident caused by negligence.
What is Negligence?
In personal injury claims, like a car accident, negligence is a legal term that refers to a person’s complete lack of awareness or reckless disregard for the safety and well-being of others.
In order to establish the other driver is at fault for your auto accident, you will need to prove the four elements of negligence were present at the time of your collision:
1. The At-Fault Driver Owed You a Duty of Care
The first element of negligence you must prove when bringing a car accident claim is whether the at-fault party owed you a duty of care.
This means the at-fault driver had a legal obligation to act in a manner that would ensure your safety and the well-being of others sharing the roadway.
In auto accident claims, this legal obligation usually entails following Texas’s traffic safety laws designed to keep pedestrians and motorists safe, such as following the speed limit or refraining from drinking and driving.
2. The At-Fault Driver Breached this Duty
After you have established that the other driver owed you a duty to ensure your safety, you must show that he or she breached this duty.
A breach of duty is any action that deviates from what a reasonable person would do under the same circumstances.
Proving that the at-fault driver breached the duty he or she owed to ensure the safety of others requires you to show that a reasonable person would have acted differently that the at-fault driver and in a manner that would not have caused your injury.
A motorist has breached his or her duty when he or she operates a vehicle under conditions the motorist knows could potentially cause harm to another.
An example of when a motorist has breached his or her duty is when the motorist texts while driving. A reasonable person would understand the dangerous outcome that distracted driving can have and would likely refrain from doing such an action.
3. The At-Fault Driver’s Breach of Duty Caused Your Injury
In auto accident injury claims, it is not enough to prove that the other driver breached his or her duty to ensure the safety of others.
You must be able to prove that your injury was directly caused by the at-fault driver’s negligence. This will require you to show that if the at-fault driver had not acted negligently and caused the traffic collision, you would not have been injured.
For example, your car accident might have occurred because the at-fault driver ran a red light and crashed into your vehicle as you were crossing the intersection. Your claim could argue that the accident would not have occurred and you would not have been injured had the other driver stopped at the red light.
Our attorneys will help you establish causation by gathering evidence to construct a case against the at-fault driver. We will work to definitively prove that his or her negligence was the sole cause of the accident that resulted in your injuries.
4. You Suffered Damages
The final element you need to prove is to show that the accident caused you to suffer actual damages.
In order to file an injury claim after a car accident, there must be a monetary value for the damages you suffered after the car accident, such as:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Property damage
You should consult with a skilled auto accident attorney who can accurately assess the damages you suffered to determine what your claim is worth.
Contact Our Attorneys in Fort Worth
The Fort Worth auto accident attorneys at Anderson Cummings are dedicated to helping our clients reach the best outcome possible after suffering from another’s negligence.
We will provide you with a free, no obligation consultation to review the circumstances of your accident and determine if you have a viable claim that may entitle you to compensation. Our skilled attorneys work only on a contingency fee basis, which means our services are provided at no upfront cost and you only have to pay us if we recover compensation for your claim.
Do not hesitate to get legal help after a car accident. Call (817) 920-9000.