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4 questions you must answer to prove negligence in your car accident claim

On Behalf of | Dec 27, 2021 | Motor Vehicle Accidents

Accidents happen all the time. However, if the accident that resulted in your injury was caused by another party’s act of lawlessness, you may seek financial restitution from the negligent party for your injuries and other damages.

To win your car accident claim, you must tie your injury and damages to the defendant’s actions. In other words, you must prove that the defendant was negligent. To this end, you must answer the following questions during your car accident claim to prove fault:

Did the defendant owe you a duty of care?

Every road user is expected to operate their motor vehicle in a manner that does not endanger the lives of other road users. This is known as a duty of care. During your car accident claim, you will be required to prove that the defendant had a duty to be mindful of your safety while driving their vehicle.

Did the defendant breach their duty of care towards you?

Once you have established a duty of care, you will need to convince the court that the defendant failed to exercise this duty; and that it was this failure that resulted in the accident. Was the defendant driving recklessly? Were they driving while intoxicated? Were they going beyond the designated speed limit? You must find out how the defendant’s actions contributed to the accident.

Did this breach result in any damage?

This is also known as causation. Here, you will be required to point out the consequences of the defendant’s actions. Did you suffer injuries following the accident? Was your car damaged as a result? What was the extent of your damages following the accident?

What was the cost of your damages?

Finally, you will be required to highlight the financial implications of your injuries and other damages. These are broadly grouped into financial and non-financial damages. What was the cost of treating your injuries or fixing your car? Did you miss work to seek treatment? Did you suffer any emotional damages?

A car accident can leave you traumatized. If you are hurt in an accident as a result of someone else’s fault, it is important that you understand how to prove negligence