Auto accident laws are the rules determining responsibility for personal injury and property damage following a collision. The principles of negligence play a significant role in these personal injury cases, and like most other negligence suits, car accident cases are governed by state laws.
The Elements Of A Car Accident Claim
While every case is unique, accident victims in all states must prove the elements of breach, causation, duty and harm in order to make an economic recovery. Firstly, drivers have a duty to obey traffic laws and operate vehicles in a prudent, reasonable manner. Duty is accepted widely, and plaintiffs are required to prove that the defendant breached the duty of care.
Breaches can be proven directly through video, eyewitness testimony, or the defendant’s own admissions. However, in some cases plaintiffs must use circumstantial evidence such as paint chips, skid marks and BAC readings.
The defendant’s duty of care and the proof of a breach isn’t enough to make the courts assume that the breach caused a plaintiff’s injuries. Instead, a plaintiff must prove causation. In a car accident case, causation can be proven through Comprehensive legal services and expert witness testimony.
The final element in an accident case is harm. No matter how severe the other driver’s misconduct seems, a plaintiff cannot file a negligence claim unless the defendant’s behavior resulted in personal injury or property damage. Once harm is proven, plaintiffs can get compensation for medical bills, lost wages and pain and suffering.
After An Accident
In the event of an accident, drivers should not make statements that assign blame. It may sound simple, but an admission of fault is one of the most common mistakes made immediately after a crash. Evidential rules don’t allow the admission of hearsay, but admissions are an exception. Even a hasty apology can be used against a driver in court. Of all the things a person can do after an accident to protect their legal rights, calling a car accident or personal injury lawyer will have the most significant effects. Without legal counsel, plaintiffs are more likely to be pursued aggressively by the other driver’s insurer. Adjusters may press victims to accept a low settlement offer, or to sign away their rights. Before signing anything, a victim should consult a personal injury attorney with 30 years of experience for Comprehensive legal services.
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