The Theory of Negligence: Proving It is That Guy’s Fault

negligence

In car accidents, proving that a driver was at fault can be complicated. In most claims from on-the-road mishaps, the basis of holding someone legally responsible for the mess revolves around the theory of “negligence.”

Generally speaking, when a driver’s carelessness leads to the injury of another, the case falls under negligence, which holds him responsible for the damage. When it comes to proving who is at fault, legal professionals use this basis to settle disputes.

But what exactly is “negligence” and how can you prove it?

Defining Negligence

According to The Baim Law Firm, negligence occurs when a person behaves in a thoughtless manner and causes harm to others. He can also be negligent if he fails to do something he should have done (e.g. stopping for pedestrians or yielding) or he does something he should have not done (e.g. running a red light).

Legal courts often use the theory of negligence in car accident cases. It is always the driver’s responsibility to avoid injuring others he may encounter on the road. If he is not careful, he is liable for the resulting damages.

The Elements of a Negligence Claim

If you are the injured person (also known as the plaintiff), winning the negligence case requires proving the defendant’s (the one you are suing) negligence.  In most jurisdictions, you must satisfy four legal elements to prove the defendant’s guilt:

  • Duty of care: defendants owe you a duty of care. With driving law cases, all drivers are responsible in owing others the duty of safe driving and obedience to traffic rules.
  • Breach of duty: plaintiffs must prove that the defendant breached his duty to drive safely.
  • Causation: in negligence cases, you must also prove that the defendant’s carelessness resulted in injuries. Otherwise, you cannot hold him liable.
  • Damages: calculate all costs and losses with the accident and put it into monetary value.
The Remedies for Negligence in Lawsuits

In case you win, the negligent party must pay for the monetary damages and other financial losses. This often includes mechanic repair fees, your hospital bills, and other wages. The defendant might also have their driving privileges temporarily or permanently revoked, depending on the severity of the case.

Involvement in a car accident presents difficult challenges. Prove the theory of negligence with the help of qualified attorney.