If you were in a car accident that you think was avoidable, someone may have been at fault. In this case, you may be eligible for compensation. But it takes much more to prove a car accident case than just thinking. You need proof.
Proving a Harlingen car accident case may be an uphill task, especially if you don’t work for insurance or never went to a law school. In fact, this is where most car accident victims fall. For this reason, proving their cases is usually stressful and challenging. But with a seasoned attorney from our firm, you have reasons to smile.
Using our decades of cumulative legal experience, we prepared this guide on what you have to prove in a Harlingen car accident case. However, it does not exhaust everything on car accident lawsuits. For a personalized review, be sure to contact our offices as soon as possible.
Types of Car Accidents
Most car accident cases are based on negligence. In personal injury law, negligence refers to careless conduct that harms another person, party, or property damage. Often, drivers are to blame for auto wrecks due to negligence in the form of:
- Drunk driving
- Reckless driving
- Unsafe lane changes
- Speeding
- Aggressive driving
- Running a red light
These examples are just a few ways that drivers in Harlingen may be negligent in their duty of ensuring that their actions do not cause harm to their passengers, motorists, or other road users.
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Establishing Negligence
Since negligence forms the basis of a personal injury lawsuit, you must prove its elements before you can collect damages for your losses. Essentially, you must prove that:
A Duty of Care Existed
This concept is at the center of personal injury law and covers more than just traffic laws. A duty of care means that a person’s acts or omissions should not in any way cause harm to others. They must always adhere to standard care in all circumstances. But unfortunately, not everyone does.
In regards to driving, the duty of care requires all licensed drivers to carry themselves in a manner not likely to cause harm to their passengers, pedestrians, motorcyclists, cyclists, property, and other motorists. This obligation is usually straightforward since traffic laws are there to designate how drivers behave on the road for the general safety of all road users.
The Defendant Breached the Duty
When proving a Harlingen car accident case, it will be your duty as the plaintiff to show that the duty of care discussed above was not observed or was violated. As it relates to car accidents, a breach of care is deemed to have occurred when a driver or any other motorist violates state or federal traffic laws. For example, running a red light is a common way that drivers breach this duty.
“Reasonable care” seeks to paint a clear picture of what the best action would have been under the prevailing circumstances at the time of the accident. For example, did the driver run a red light out of lack of another choice, as with vehicle malfunctions such as brake failure, or did they knowingly do so? Understanding what is reasonable in an accident may require experts such as accident reconstructionists and highway engineers. You can prove a breach of duty using police reports and eyewitness testimonials.
Causation
Proving breach of duty in a Harlingen car accident case is not enough. Another crucial element of negligence must also be involved before you can recover compensation for your losses. You must show that the breach of care was the direct cause of your injuries or losses. This means that the auto wreck would not have happened had the defendant been more vigilant or maintained reasonable care.
Causation can be split into two more categories:
- Proximate causation means that the defendant’s breach of care was the indirect cause of your injuries or the accident. An example is when a speeding car hits a pole, and the pole falls on a bystander or pedestrian, causing them harm.
- On the other hand, cause-in-Fact means that the defendant’s act of breach was the direct cause of the accident and the injuries suffered. A good example is when a driver runs a red light and strikes another vehicle with the right of way.
There must be a connection between the defendant’s conduct and the accident.
You Suffered Damages
The last element you need to prove is damages. The losses, tangible and intangible that you suffered as a result of the accident must be quantified in monetary terms. These damages cover lost wages, loss of income earning ability, permanent disability, diminished quality of life, medical expenses, among others.
Consult a Harlingen Attorney for Help Proving Liability for a Car Wreck
If you were involved in an auto wreck that caused you severe harm, contact the lawyers at Lone Star Injury Attorneys to set up a free consultation. Your vague knowledge of personal injury law may hurt your case if you decide to handle everything independently. Call us today to learn more about what you need to prove in a Harlingen car accident case.
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