In a car accident case where you are the injured party (the plaintiff), the responsibility falls on you to demonstrate proof that your account of events is accurate. The defendant’s role is only to respond to or admit the claims made against them; however, the burden of proving those claims rests with you. Essentially, the burden of proof requires you to persuade the judge or jury that you have met the necessary legal standards by a preponderance of the evidence.
Understanding the intricacies of this concept is vital before pursuing any legal action in your accident case. A skilled and experienced car accident attorney can guide you through this multifaceted process. To a great extent, the burden of proof centers on establishing negligence. This entails proving that someone else failed in their legal duty as a driver, leading to your harm. Typically, to determine fault in a car crash case, you must establish the existence of a duty of care, a breach of that duty, causation, and resulting damages.
The first step in proving liability is to demonstrate that a duty of care existed at the time of the car accident. “Duty” refers to the legal obligation that one party has to another. In the context of your car accident case, this means that the other driver had an obligation to obey traffic rules and operate their vehicle responsibly so as not to harm you.
If your accident was caused by a negligent truck driver, the same duty applies to the trucking company or truck owner. They are bound by Texas laws to hire qualified and experienced drivers. Additionally, state and federal governments, as well as road construction companies, have a duty to ensure that Texas roads and highways are maintained in a safe condition.
Proving that the other party owed you a duty of care is only the beginning; you must also demonstrate that they breached that duty, whether through negligence or outright recklessness. This breach could be something unlawful or an action generally considered risky to your well-being. A major challenge in litigating a personal injury claim often lies in establishing precisely how the duty of care was breached. Some common examples of how the duty of care might be breached include:
Hiring a qualified attorney is the most effective way to establish how the duty of care was breached in your case.
After demonstrating that a duty of care existed and that it was breached, you must also show that this breach was the direct or proximate cause of the accident. Some examples to illustrate causation include:
It’s advisable to consult with your attorney about how causation plays a role in a negligence claim related to a vehicle collision.
This is the final element you must establish to prove fault in a car accident. It entails demonstrating that you suffered both tangible and intangible losses for which the responsible party should compensate you. The most common types of damages include:
Proving liability in Katy car accident cases involves intricate details. If you need legal assistance, please contact us today to schedule a FREE CASE EVALUATION with one of our experienced legal professionals.