In less than a second, a car accident can inflict catastrophic injuries and emotional trauma that may affect the rest of your life. Fortunately, your accident attorney can help you pursue justice by filing a personal injury claim, as long as they can prove that your losses were caused by someone else’s negligence. Below are the key elements that go into proving liability for injuries after an auto accident.

4 Elements of Negligence in Auto Accident Claims

1. Duty of Care

In legal terms, “duty of care” simply describes an individual’s responsibility to protect the safety of those around them. Every driver owes a duty of care toward other motorists, pedestrians, cyclists, and anyone else with whom they might be sharing the road. 

2. Breach of Duty

Traffic laws are designed to prevent accidents and make the roads safer. Failing to follow the rules of the road qualifies as a breach of the duty of care. To establish responsibility for an accident, your attorney must prove that the other driver failed to conduct themselves as a reasonable person would have acted under similar circumstances. Some examples of a breach of the duty of care include: speeding, driving recklessly, failing to signal, or following too closely. 

3. Causation

To prove causation, it must be shown that the other driver’s breach of the duty of care caused his or her damages and not some other cause. The injured party has the burden of proving causation. 

Establishing causation requires extensive investigation of the facts of the case. Depending on the specifics of your case, your attorney will, among other things, collect witness statements, inspect the damage to both vehicles, take photographs of the accident scene and possibly hire experts to reconstruct the crash.

4. Damages

The last element you will have to prove is that you suffered “damages.”  “Damages” relate to the amount of loss you experienced. This loss includes both economic and non-economic damages. Economic damages include medical bills (past and future), lost wages, loss of the ability to earn in the future and loss of property. Non-economic damages include pain and suffering, emotional distress and loss of consortium. The burden of proving damages rests solely on the injured party.

If a careless driver caused a car accident in which you or a loved one were injured, Jones & Jones, P.C. Attorneys at Law will aggressively pursue compensation on your behalf. Since 1953, this law firm has been representing victims throughout south Alabama and has the resources to succeed in even the most difficult situations. Visit their website to learn how they can help you achieve justice or call (334) 222­-3161 to consult with an experienced attorney today.

_{No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.}