How to Prove an Auto Accident Claim

To win an auto accident claim, you generally need to prove the following four elements:

Duty of Care

You must demonstrate that the defendant—the at-fault driver—owed you a duty of care. Every driver owes a duty to operate their vehicle with reasonable care and to follow the rules of the road. This duty extends to other drivers, passengers, pedestrians, and cyclists. Drivers also have a duty to obey traffic signals and speed limits, to keep a proper lookout, and to maintain their vehicle in a reasonably safe condition, including its brakes, lights, tires, and other essential equipment.

Breach of Duty

You need to show that the defendant breached their duty of care. This means they failed to act as a reasonably prudent person would under similar circumstances. Examples include:

●       Speeding or driving too fast for conditions.

●       Running a red light or stop sign.

●       Distracted driving, such as texting or using a phone.

●       Driving under the influence of alcohol or drugs.

●       Following too closely, or tailgating.

●       Failing to yield the right of way.

●       Making an unsafe lane change or turn.

●       Driving with defective brakes, tires, or other mechanical failures.

Causation

You must prove that the defendant's breach of duty directly caused the collision and your injuries. There needs to be a direct link between the negligent driving and the harm you suffered. It is not enough that the other driver was negligent; you must show that this negligence caused the accident and led to your injuries.

Damages

You need to demonstrate that you suffered actual damages as a result of your injuries. These damages can include:

●       Medical expenses, both past and future.

●       Lost wages, both past and future.

●       Pain and suffering.

●       Emotional distress.

●       Property damage, including vehicle repair or replacement.

●       Loss of earning capacity.

●       Other economic and non-economic losses. 

In summary, you need to prove that the at-fault driver was negligent, that this negligence caused the collision, and that the collision directly led to your injuries and resulting damages.

Evidence Used to Build a Strong Case

To build a strong case, evidence is crucial. This can include:

●       Photographs and videos of the accident scene, vehicle damage, and your injuries.

●       The police report or accident report.

●       Witness statements.

●       Medical records and bills.

●       Documentation of lost income.

●       Expert testimony, such as testimony from accident reconstructionists or medical professionals.

●       Dashcam or traffic camera footage.

●       Phone records showing distracted driving.

Keep in mind, defenses such as comparative negligence, where your own negligence contributed to the accident, might affect your ability to recover damages. There are also strict time limits, known as statutes of limitations, for filing an auto accident claim.

If you have been injured in a car accident, contact the auto accident attorneys at Braden Blumenstiel Legal Advocates Group, LLC today. Call us at 614-508-1677 or 888-343-9796 for a free consultation.

Righting Wrongs and Protecting Futures