Negligence is a factor that can determine who must pay for injuries caused in an accident. Negligence usually lands on the shoulders of the person who is found at fault, but determining that blame is not always straightforward or easy. Understanding how negligence works and how it affects you is the first step toward filing a successful claim.
Defining Negligence
In the case of car accidents, negligence is determined based on who is found responsible for causing the accident. Every time a driver gets behind the wheel, he or she is under a kind of contract called “duty of care.” This simply runs along the lines that each driver takes it upon themselves not to cause injuries to anyone, place anyone in danger or cause damage as a result of their actions. A failure to do so is considered a breach of that contract and is, therefore, negligence. Whether it was reckless driving, drinking and driving, speeding, or any other form of carelessness, that driver can be held liable for injuries he or she caused.
Proving Negligence
Simply saying that you are the victim of another’s negligence after an accident is not enough. You must prove that the other driver was negligent and caused the crash. Furthermore, you must prove that the accident directly caused your injuries. This grants you the rightful opportunity to seek compensation for your medical expenses in the court’s eyes.
Evidence Needed to Prove Fault
The injuries you sustain from an accident can have a direct impact on your financial situation. You may lose wages because you can’t work, and medical bills may start piling up. To gain the compensation to cover these costs, you’ll need to prove to the insurance company, and the court, if necessary, that the other driver was negligent and their insurance needs to cover your losses. Try to gather and keep track of important documents that you can later use to present your case, such as:
- Police reports
- Doctor reports
- Medical bills
- Proof of lost wages
- Personal notes about the accident
- Eyewitness statements of the accident
- Pictures of the accident site and any damage
It’s essential to seek out medical attention shortly after the accident. You’ll need a doctor’s report to prove that your injuries were a direct result of the crash.
If you’re ever uncertain of your stance, or if an insurance company is trying to pay you less than you deserve, contact an injury lawyer from our friends at Law Offices of Franks, Koenig & Neuwelt quickly to see if you have a valid claim. He or she can help you work through options and set you on the right path to recovery.
