Car accidents are an unfortunate reality that we have to live with. Despite concerted efforts from different agencies to promote road safety, accidents still occur, often because of negligence. State agencies, road construction companies, vehicle owners, vehicle manufacturers, drivers, and other road users must observe reasonable standards of care while on the road.
Any form of willful conduct or negligence that results in an accident may have devastating consequences. Because the aftermath of a crash, even a minor fender bender, can be overwhelming, understanding what you should do for your well-being is vital. Seeking medical treatment is needed to treat the injuries you sustained and protect your legal rights.
However, post-accident medical treatment is only a fraction of what you need to do after a crash. If you wish to pursue compensation for your damages, you should know what steps to take and what you need to prove in a Dickinson car accident case. A Dickinson car accident lawyer can guide you through the claim process.
Proving Negligence in a Car Accident Case
Most jurisdictions in the United States provide a legal framework that spells out what needs to be proved in a car accident case. Negligence is usually the basis on which all personal injury claims are determined. Anyone who wishes to pursue compensation in a Dickinson car accident case must prove the following elements of negligence:
You Were Owed a Legal Duty of Care
The other party, now referred to as the defendant, must have owed you a legal consideration for your safety and well-being. This is popularly referred to as “the duty of care.” Depending on the circumstances of your accident, different parties may have owed you the duty of care.
For example, if another motorist struck you, they had a duty to observe a reasonable standard of care by observing traffic rules and driving safely. If you are suing another party besides the driver, you must also prove that the duty of care was owed to you.
The Duty of Care was Breached
The next step after showing that a duty of care existed is proving that the other party failed to observe it. Violation of this duty may be manifested in different ways. For example, another driver who exceeds set speed limits violates the duty of care to observe and adhere to them.
Proving a breach of duty hinges on your Dickinson personal injury lawyer showing that a reasonable party would not have breached it under similar circumstances.
The Breach of Care Caused Your Injuries
Showing that a duty of care existed is not enough to prove your car accident case. Just because the other party owed you a duty of care does not mean they were negligent or that they caused your injuries. For this reason, the next thing you need to prove in a Dickinson car accident case is that the defendant’s actions directly caused your injuries and losses.
Proving causation in a personal injury claim can be difficult, especially when the defendant or insurance companies try to downplay your injuries as having existed before the accident.
You Suffered Damages
To recover financial reimbursement in a car accident case, you must provide proof that all the damages you are claiming are true and related to the accident. These damages can be tangible, such as medical expenses, property repair costs, lost wages, rehabilitation costs, and out-of-pocket expenses.
They may also be intangible, such as loss of consortium, reduced quality of life, physical pain and suffering, emotional distress, and loss of companionship. A seasoned car accident attorney can help calculate your compensatory damages to ensure that you are fairly compensated.
For a free legal consultation, call (713) 429-0711
How Your Fault Affects Your Car Accident Case
Dickinson car accident cases often rely on the comparative negligence rule. Simply put, you can still recover compensation for your losses following an accident even if you were partially at fault.
However, the damages you claim will be reduced by your percentage of the fault. Additionally, you can only qualify to claim compensation if you are less than 50% to blame for the accident.
Get Help with Your Dickinson Car Accident Case Today
Understanding what you have to prove in a Dickinson car accident case is a critical step toward finding justice. Our dedicated auto wreck lawyers at Lone Star Injury Attorneys are available to take you through the claim process.
We offer free consultations and take injury cases on a contingency arrangement. This way, you don’t have to pay attorneys’ fees unless we win your case. Call us today to get started.
Call or text (713) 429-0711 or complete a Free Case Evaluation form
