- posted: Oct. 29, 2013
- Auto Accidents
If you’ve been injured in an automobile accident and wish to recover for your injuries, you’ll need to establish liability by proving that the other driver was negligent.
Negligence is a legal theory that is used in automobile accident cases and other personal injury cases to allow injured parties to recover. All drivers need to exercise care to avoid injuring other drivers and pedestrians. When drivers are negligent, they have acted in a careless or reckless manner. Negligence can be established by doing something that should not have been done (such as speeding) or by failing to do something that should have been done (such as failing to stop for a stoplight).
If you’ve been injured in an automobile accident and wish to recover for your injuries, you will need to prove the following against the other driver:
- Duty of reasonable care ― The law requires drivers to exercise care and caution while driving. Thus, establishing that the other driver had a duty of reasonable care is easy.
- Breach of that duty ― The law compares the driver’s conduct with the conduct of a reasonable person under similar circumstances. It asks the question: would a reasonable person have acted differently under the circumstances? If so, you may have a good case. A clear example of a breach of duty is failing to stop at a stop sign.
- Causation of your injuries ― You have to prove that the other driver’s conduct actually caused your injuries. So, for example, if you had a pre-existing back injury and, as a result of your accident, you are trying to recover for a back injury, you may not be able to prove causation.
- Damages ― You need to prove that you suffered actual damages as a result of the other driver’s negligence. If so, you may be able to recover for your medical bills, lost wages, lost earning capacity, pain and suffering, property damage and more.
If you’ve been injured in an automobile accident, it’s important to meet with a knowledgeable Tucson car accident lawyer to help you determine whether you can prove all the elements of a negligence claim in order to recover.