Car accident cases where the injured person is seeking damages for losses suffered involve civil law. Generally speaking, this process is not as difficult as a criminal lawsuit. However, the plaintiff must meet the required threshold when blaming another party for the injuries and losses suffered.
This means that evidential proof must be provided linking the other party’s actions or inactions to the accident that caused you harm. Simply put, all you need to prove in an Alief car accident case is that someone else was largely or entirely to blame for the crash.
If all of this seems daunting, know that help is available. You can reach out to a car accident lawyer in Alief who will guide you through each step of creating a strong claim for your crash-related compensation.
Establishing Negligence to Prove Your Alief Car Accident Case
Meeting this burden of proof in a car accident case in Alief requires that you demonstrate how negligence played out in the moments leading to the auto wreck. With the help of a skilled auto wreck lawyer, you must establish that:
- A legal duty of care was owed to you
- The duty of care was breached
- The breach was caused by negligent behavior
- The breach resulted in damages
Duty of Care
As the plaintiff, you need to provide proof showing that the other party failed to observe reasonable care and standard caution as required for your safety. This duty is usually obvious.
For instance, all drivers must always follow traffic regulations regarding lane changes, speed, vehicle maintenance, and more. Most of the time, the duty of care will come down to what would be deemed reasonable under the prevailing circumstances.
Breach of Duty
After establishing that a duty of care was owed to you by the other party, you must, again, provide proof showing that the defendant breached the duty. This means demonstrating that they failed to act reasonably as discussed above.
Breach of duty may be proven in many ways. For instance, if your case was reported to the police, their report will show details of the crash and all parties involved. A breach may occur in different forms, such as speeding, unsafe lane changes, aggressive driving, drunk driving, and more. Another way to do this is by retaining expert witnesses to testify.
Causation
Besides proving the first two elements of negligence, you also need to show the link between the breach and your injuries. As the plaintiff, you must provide evidence showing that, were it not for the defendant’s conduct, you would not have sustained the injuries suffered.
Damages
Damages refer to all the losses suffered as a result of the accident. They may be tangible (economic) or intangible (non-economic). The former represents losses with a specific monetary value, such as lost wages, medical expenses, and property repair costs.
The latter, non-economic damages, account for your physical pain and suffering, permanent disability, loss of enjoyment of life, emotional distress, and more.
For a free legal consultation, call (832) 449-8230
Parties that Will Provide Evidence to Prove Fault in Your Car Accident Case
You cannot prove fault in an Alief car accident case alone. Different parties must come through for you before you can even ascertain whether you have a valid claim or not. These parties are:
The Police
After a crash, you must call 911 and file a report. A team of officers will be sent to the scene for forensic analysis. Their findings will be compiled in the final police report, which you should remember to keep a copy of. Such documents are valuable when proving your car accident case.
Eyewitnesses
Nobody gives a better account of what transpired in the moments before a crash than eyewitnesses. While traffic footage is more reliable in providing the raw facts, not all roads and streets are equipped with these cameras. If you are in such a scenario, you may want to speak to as many eyewitnesses as you possibly can. Their statements can change the odds significantly in your case.
Expert witnesses
Other than people who saw the accident happen, you need another batch that puts together all the information and evidence provided to recreate the scene and provide the facts. Expert witnesses are professional, qualified, and experienced in different fields. They include accident reconstruction specialists, doctors, and engineers.
Lone Star Injury Attorneys Can Guide You Through Your Car Crash Claim in Alief
The last party you don’t want to leave behind when proving an Alief car accident case is the team at Lone Star Injury Attorneys. Our qualifications and experience are everything you need to seamlessly start your case and see it through.
Our personal injury lawyers in Alief are eager to listen to you and provide answers to the many questions you probably have. Contact us today to schedule a free case evaluation.
Call or text (832) 449-8230 or complete a Free Case Evaluation form
