Most car accidents are caused by negligence. In fact, most personal injury cases are actually caused by negligence. Negligence basically means that someone didn’t behave the way they were supposed to, and someone got hurt as a result. In order to prove negligence, our Henderson car accident lawyer will have to prove the following five things:
- The defendant owed you a duty of care
- They breached this duty
- Their actions caused the accident
- The accident and your injuries were foreseeable
- You actually suffered damages
In order to prove these things, your car accident lawyer in Nevada will have to submit evidence. This evidence can include all sorts of things, including:
- Witness statements
- The police report
- Video recordings
- Expert testimony
- Statements made by the drivers involved in the crash
Usually, it’ll take a combination of some or all of these things in order to prove your case. Your Henderson car accident lawyer has the necessary experience to do this.
How Do You Prove the Defendant Had a Duty of Care?
One of the easiest elements of negligence to prove is that the defendant had a duty of care. The fact is, every driver owes other drivers a certain duty of care. At a minimum, they have to obey all traffic laws.
Your lawyer won’t have to do much to prove a duty of care. If someone is driving on Nevada roads, they need to follow the rules of the road. They also need to use common sense. They owe this to everyone else on the road.
Did the Defendant Breach Their Duty of Care?
Proving that the defendant breached their duty of care may be the hardest part of your case. Your Henderson car accident attorney has to show that the defendant did something out of the ordinary.
One way to prove breach is to submit proof that the defendant got a traffic ticket at the scene of the crash. For example, if they’re arrested for DUI, your lawyer can use proof of this arrest in your case. Or, if they get a ticket for speeding, your lawyer can submit a copy of their ticket to show that the defendant was at fault.
Was there Causation?
Your lawyer will have to show that the defendant’s actions had a causal connection to the crash. In this section of your complaint, you have to show that the defendant’s behavior caused the accident itself.
There are different ways to prove this. Some of these include:
- Copies of video recordings showing that the defendant was speeding and crashed into your car
- Witnesses who saw the defendant was texting and driving at the time of impact
- Testimony by an accident recreation specialist who confirms that the defendant’s car was going a certain rate of speed when they crashed into your car
Keep in mind – the defendant’s lawyer is going to work hard to prove that you were at fault. They’ll do this by arguing that their defendant’s behavior was not a contributing factor in your crash.
Was the Accident and Your Injuries Foreseeable?
In order to recover against the defendant, you need to prove that the accident and your injuries were foreseeable. This is what lawyers refer to as proximate cause. In some cases, the defendant’s behavior launches a sequence of events that ultimately lead to the accident.
For example, consider a situation in which the defendant is texting and driving. They don’t realize that the car in front of them is slowing down and has hit their brakes. By the time they slow down, they end up hitting the car immediately in front of them. This causes that car to smash into the back of your car.
The defendant’s hitting the middle car was the proximate cause for your accident. Had they not hit the middle car, the middle driver never would have run into the back of your car.
You Were Injured
In order to win your case, you have to prove actual damages. This includes the following:
Your Henderson car accident lawyer may submit evidence of any or all of these types of damages. It depends on the seriousness of your injuries and the specifics of your case.
If you’ve been injured in a car accident, you should contact an accident lawyer in Henderson at Nettles Morris Law Firm. Call today and schedule your initial consultation. The consultation is absolutely free and you pay nothing until you settle your case.