Proving liability after a car accident is the process of demonstrating that one party acted negligently and the other party was harmed as a result. There are four key elements to the process of proving liability.
Elements of Negligence in Texas Car Accident Claims
In order to win a negligence claim after a car accident, the victim must prove that all four of these elements of negligence existed.
For our purposes here, the idea of “duty” is bound up in the idea that all drivers have a shared responsibility to follow the rules of the road and to drive in a manner that does not put other people in danger.
Breach of Duty
When a car accident occurs, it is often the case that one or more driver has not lived up to their duty. Often expressed as “failing to use ordinary care,” breach of duty can involve any of a number of driving issues:
- Failure to keep a proper lookout
- Failure to properly control a vehicle
- Failure to yield the right-of-way appropriately
- Failure to maintain an appropriate distance or failure to brake
- Failure to abide by posted speed limits or driving too slowly
- Failure to obey stop signals
- Driving under the influence of drugs or alcohol
To demonstrate liability, the victim must link the breach of duty directly to the accident. For example, if the other driver was speeding at the time of the crash, you will need to demonstrate that the accident would not have occurred if that driver had been obeying the speed limit.
The word “damages” refers to the injury or injuries the victim suffered. In addition to physical injuries, damages can include losses such as:
- Loss of wages—including loss of future earning capacity
- Physical impairment/disfigurement and/or mental anguish
- Pain and suffering
- Property damage (damage to your vehicle, for example)
- Loss of consortium and/or loss of household services
How an Attorney Can Help
As you can see, there is a lot involved in proving liability, so you shouldn’t go it alone. Instead, you need an experienced attorney to help you navigate the various issues involved. Your attorney will investigate your case and gather evidence to prove that you were not responsible for your accident. Police statements, witness statements, photographs, and medical evaluation records can all be used to establish liability and ensure that you receive the compensation you deserve.
The lawyers of SJ Injury Attorneys are ready to go to work for you. They will bring their experience and expertise to the tricky task of proving liability. Set up your free consultation today.