Proving negligence can sometimes be a complex affair
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Proving negligence can sometimes be a complex affair
Negligence in car wreck cases is sometimes obvious. This might be the case if the driver was speeding and ran a red light and hit you. In other cases, it isn't so apparent. You might have to work to show that negligence was a factor.
One thing that you need to understand in these cases is which elements might indicate negligence. These can vary from one case to the next, so you must evaluate your own case to see how they might apply.
A primary question that comes up in personal injury lawsuits is whether the defendant had a duty to the person who was injured. In a car wreck, the answer would likely be "yes," because all drivers have a duty to operate their vehicles safely. If they don't, they put others on the road at risk. A driver has to breach this duty in order to be found negligent.
Another element that is present in many negligence cases is proximate cause. In very simple terms, this means the level at which the driver should have known that his or her actions could have caused the outcome of the event. The speeding driver who ran a red light should have reasonably known that a serious wreck could occur.
When negligence is proven, the plaintiff still has to show that the damages that resulted are attributable to that negligence. This can be another legally complex matter, but it's helpful to be able to show that the accident caused the injuries, and that the injuries led to financial impacts for you.