An automobile accident can be tricky, stressful, and overwhelming. Thus, the concerned laws help determine who is responsible for the personal and property damage resulting from a collision. The law regards itself with negligence principles, as applied to the individual category of personal injury cases. Like other cases in which negligence law applies, car accident law is governed mainly by state laws.
If you are involved in an automobile accident, the Daniel Albert Law Firm has a team of competent lawyers who can help make a transparent and positive case for you. Our personal injury attorneys have a strong reputation, and we are prepared to advise and represent you as and when needed.
While nuances exist, car accident victims must prove the same essential four elements to recover compensation in every state. These elements are duty, breach, causation, and harm.
In the case of duty, drivers have a legal obligation to obey the road rules and operate their vehicles in a manner that appears reasonable. It means driving safely, maintaining control, exercising awareness, observing traffic signals, using blinkers and headlights, and other measures. The existence of the duty is typically accepted without much argument.
The person harmed by accident, also known as the plaintiff, must submit evidence that the defendant breached that duty. In case of a breach, direct evidence can show it, such as eyewitness testimony, traffic surveillance video, or an admission of fault. Or, the plaintiff may need to resort to circumstantial evidence, such as skid marks, paint smudges, or blood alcohol readings.
Just because the defendant had a duty to operate their vehicle in a specific manner, and it is shown that the defendant breached that duty, the court will not assume that the circumstances caused the plaintiff’s injuries. The plaintiff must also prove the element of causation, which can be confirmed through medical testimony demonstrating the damages that are consistent with the nature of the crash and that they did not exist beforehand.
Finally, the plaintiff must prove harm. No matter how egregious the other driver’s conduct was behind the wheel, the plaintiff cannot bring a negligence lawsuit unless the behavior produced damage to the plaintiff’s person or vehicle. “Near miss” cases do not qualify. Once harm is shown, the plaintiff may be entitled to compensation for medical expenses, pain, grief, and lost wages.
These steps are:
- Remain silent about who is to blame.
- Make notes about statements made by the other driver.
- Preserve other evidence such as witness contact information, descriptions of the road, traffic and weather conditions, and photographs of the vehicles.
- Seek immediate medical attention.
- Contact a personal injury lawyer.
Your Damage, Our Responsibility
If you wish to contact a skilled attorney, our personal injury lawyers have comprehensive knowledge concerning automobile accident cases. We are qualified enough and willing to assist you with every eventuality. You simply have to inform us of the accident and our lawyers will take over the rest for you. Call us at 832-930-3059 to book a consultation today. .