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.

4 Elements of Negligence in Houston Car Accident Claims

proving liability after a car accident in houstonIn order to win a negligence claim after a Houston car accident, the victim must prove that all four of these elements of negligence existed. While doing it on your own can be difficult, with the help of an experienced and knowledgeable Houston car accident attorney, it's more than possible.

1) Duty

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.

2) Breach of Duty

When a Houston 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:

3) Causation

In proving liability after a car accident in Houston, 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.

4) Damages

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

As you can see, there is a lot involved in proving liability after a car accident in Houston, 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.

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