How To Prove Negligence In A Car Accident Case


If you are involved in a car accident, you need to prove negligence to succeed in your personal injury claim. It is important to hire a car accident attorney to help you with your claim. Here are some things you need to prove negligence.

1. Breach of Duty of Care

The first thing a car accident lawyer will help you prove is the duty of care. This means they should prove that the at-fault party had a duty not to operate their vehicle in a manner that would injure others. If the other driver is speeding, talking on the phone while driving, or violating some traffic rules, this is enough to strengthen your claim of negligence.

The next thing your attorney should prove is a breach of duty of care. This means that the defendant should have done something that a reasonably prudent person would do or not do under the same circumstances. A reasonably prudent person is a standard for how the average person would act in a specific situation.

2. Causation and Damages

The other thing your car accident lawyer needs to prove is that the at-fault party's negligence caused your injuries. You cannot recover anything if you cannot show that the defendant's negligence caused injuries. For example, you cannot simply sue someone who is driving negligently for an unrelated fender bender that happens across the street.

You need to show that the defendant could have anticipated that their actions would cause an injury. However, if the defendant's actions were done by mistake, the injury may be deemed unforeseeable, and the defendant will not be held liable. Your lawyer must also show the damages that resulted from your injuries. They will be able to estimate how much you need for emotional and physical injuries, lost income, and property damage, among other damages.

3. Comparative Negligence

To qualify for compensation, you also need to prove that you were less than 50% negligent for the accident. However, this depends on whether your state follows comparative negligence or contributory negligence system. Your attorney will advise you regarding the system that applies to your case.

For example, in Colorado, the court rules on injury cases through a comparative negligence system. This means you are eligible to receive damages even if you shared some liability for the accident. However, you will only be liable for damages if you are less than 50% to blame for the accident. 

Contact a local auto accident lawyer to learn more.


1 March 2021

Your Questions Answered About Accident and Personal Injury Attorneys

When a person is involved in an accident that's caused by someone else, they may need to speak with an accident and personal injury attorney. Mounting costs of medical care and time off from work can cause money problems for people who are injured. Those who hire an attorney can often receive monetary compensation from the responsible party. We aren't involved in the legal profession, but we do understand the stress that injuries and medical bills can cause. We've researched legal information and written this blog to help those who are in this situation. We hope the articles on our site will answer the questions you have about accident and personal injury attorneys.