Proving Negligence After Your Auto Accident
If you have been injured in an auto accident which was caused by someone else's negligence, to win a personal injury lawsuit you will need to prove the other party's negligence and also prove that the injuries you sustained in the crash were a result of the other party's negligence.
Elements of Negligence
To be able to prove that neglgience exists, you will need to look into the elements of negligence that could lead to an auto accident, such as:
- Duty and Breach of Duty
- Cause in Fact
- Proximity Cause
1. Duty and Breach of Duty
A driver has a duty to all others on the road to obey the traffic laws and to drive carefully. When a driver operates recklessly, this duty is breached. You will need to prove that the negligent driver operated the vehicle without regard for other people's safety and thus broke his duty to other drivers and everyone involved in the crash.
2. Cause in Fact
When you are injured in an accident, the burden of proof lies with you. You must prove that your injuries were caused by the negligent driver's actions, and you will need to have the appropriate paperwork to back up your claims.
3. Proximate Cause
If the defendant's reckless driving caused an accident, the defendant would be found liable because it is foreseeable that driving recklessly would result in injury.
The plaintiff must prove that the defendant’s negligent behavior directly caused injury to the plaintiff.
When to Seek Legal Help
To successfully argue your accident case you will need to prove the elements of negligence, and to do so, you will need an experienced personal injury lawyer by your side. Your attorney will help you with gathering the necessary paperwork, such as police reports, medical records and witness accounts are all helpful documents that should be gathered to support your claim against the defendant.
Call the Massachusetts auto accident attorneys at the Kiley Law Group for a Free Consultation.
We work on contingency fee basis, which means there are no upfront fees for you unless one of our personal injury attorneys wins your case.
We don't get paid if you don't get paid.